On-Demand Learning

Transcripts

Intellectual Property

Litigation

Recorded on: Apr. 18, 2013

KIERAN DOYLE: We're into the home stretch. For the next hour, what we'll be hearing about is trademark prosecution. And I guess there's three perspectives, at least three perspectives on trademark prosecution. There's the brand-owners' perspective. There's the practitioners' perspective, and there's the perspective of the examining attorney, the PTO perspective. And our next two speakers will be able to shed light from all three perspectives. Tricia ...

Recorded on: May. 2, 2012

SHELDON H. KLEIN: Now you're in for real treat. You're going to hear from Allison Strickland about advanced US trademark prosecution practice. Allison is a partner at the firm of Fross Zelnick Lehrman & Zissu, where she's practiced exclusively in the area of trademarks and trademark prosecution for 16 years. She received her undergraduate degree from the University of Alabama, and her law degree from Columbia Law School, where she was a Harlan ...

Recorded on: Jun. 13, 2011

IAN N. FEINBERG: So it's 4 o'clock. We're on the home stretch. We're going to talk about the anatomy and timeline for a district court patent infringement case. We'll move fairly quickly. But before doing that, I just want to touch on damages because I know we haven't really focused on them as much as we should. So under the patent statute, a patentee is entitled to all damages caused by the infringement, but not less than a reasonable royalty. Under ...

Recorded on: Jun. 7, 2012

GARY HNATH: OK. Welcome back. Thank you for coming back. Thank you for joining the afternoon session. My name is Gary Hnath. And I'll be speaking later on this afternoon about litigation of patent cases at the ITC. But right now, I'd like to introduce the next speaker, who needs no introduction because he's already been introduced. But you're going to be treated to having what I consider to be the best speaker on patent law on this planet and also ...

Recorded on: Apr. 3, 2013

ROBERT GREENE STERNE: Well, welcome again, and now we're going to be addressing the very important subject of appeals from the Board to the Federal Circuit, something that I think a lot of us are woefully deficient in our appreciation of the task at hand, and we need to get up to speed on this very important piece of the puzzle. So as we start this panel discussion, first of all, let me introduce John Dragseth, who is our other faculty member, in ...

Recorded on: Apr. 24, 2013

SPEAKER 1: The last leg-- Alida Camp. ALIDA CAMP: It's probably the end of a long day, but this is a bit different. What I'm here to do is try to encourage you to use mediation and arbitration as alternatives to litigation in not only copyright, but really any disputes. But it makes a lot of sense in copyright. Is it always appropriate? No. But do I think it's something that you ought to discuss with your clients with the parties to the case with ...

Recorded on: Apr. 24, 2013

RICHARD DANNAY: OK. Welcome back. I hope everyone had a good lunch. We have a great panel for this afternoon. Unfortunately, the moderator's voice is barely in play, but I'm going to introduce all three of our speakers as I did in the morning. And then Simon will begin. To my right and our first speaker in the afternoon is Simon Frankel, who is a litigation partner in the San Francisco office of Covington & Burling and chair of his firm's intellectual ...

Recorded on: Sep. 28, 2012

P. TRIPODI: Well, we've reached that part of the day. I'm pleased to announce our final speaker for the day, Mark Flagel, from the Los Angeles office of Latham & Watkins. Mark is going to talk to you today about what gets to trial in a patent case. And as you can see, we will be layering the complexities of district court litigation on all the topics having to do with patent office procedures that you've heard about today. Mark has a BA from ...

Recorded on: Dec. 6, 2012

LAWRENCE ROSEN: What an excellent introduction to our next talk. Clearly now that we understand what the licenses are available, and what the issues are with those licenses, we need to understand what companies need to do to minimize their risks, and to analyze what they're doing. And so we've brought along two people, let me briefly introduce them. They're welcomed to say what they want about themselves, as well. Daniel Berlin is from Google, and ...

Recorded on: Apr. 2, 2013

DANIEL L. REISNER: It's my pleasure to introduce the speakers for our last topic today. Grace Pan is a partner at Kay Scholer in our New York office. She is a graduate of Northwestern University School of Law, where she graduated Phi Delta Phi and Iota Sigma Phi. Grace speaks Chinese and Japanese, travels often to Asia, and represents numerous Asian clients with intellectual property and commercial issues. Grace is a member of numerous professional ...

Recorded on: Mar. 5, 2012

SCOTT: With our next panel, Patent Quality and Cost Effectiveness, we used from in-house, and we're very fortunate to have three excellent speakers from in-house to talk to us about their thoughts on the topic. To my immediate right is Serena Farquharson-Torres, who is the global head currently, and patent support for consumer health care, for Sanofi. She's responsible for developing and coordinating implementation of Sanofi's patent strategy for ...

Recorded on: Mar. 19, 2013

DOUGLAS R. NEMEC: So we'll moving into developments in pharmaceutical and biotech patent litigation, a topic that's of interest, I think, to a narrower group of the audience than perhaps some that we've been covering. But to those of us who practice in that area, it's an area of great interest and one where there's really a lot going on in recent months and recent years. I'm happy to turn the program over to Asim Bhansali, who's a partner at Keker ...

Recorded on: Mar. 20, 2013

SCOTT ATLER: All right. We're gonna go right into the next session which is gonna be hot topics in technology transfer. We have a couple of great speakers to talk to us about this topic today. The first is Cheryl-- CHERYL FRAGIADAKIS: Thank you. SCOTT ATLER: --Fragiadakis who is head of technology transfer and intellectual property management at the Lawrence Berkeley National Laboratory. That lab is the oldest US national laboratory operated for ...

Recorded on: Apr. 24, 2013

PETER JASZI: In fact, I actually am going to give a presentation today that will at least initially be a little more upbeat than the title suggests, the title being, Can Fair Use Be Fixed, implying, I think, that it needs to be fixed. And I actually would like to throw into doubt or open up for argument the question about whether any fix is required or, indeed, whether any fix is likely to do more good than harm. So let me start by going in at the ...

Recorded on: Apr. 24, 2013

LATEEF MTIMA: OK. This is like that Bette Davis line, "Fasten your seat belts, this is going to be a bumpy ride," not only because this is DMCA, but, literally, talk about up-to-the-minute developments. Some of the latest key decisions on the DMCA have been happening over the last couple of weeks. And in fact, we had a decision just yesterday. So last night I'm tinkering getting this stuff in. OK. So I'm going to talk about the DMCA. And ...

Recorded on: Sep. 28, 2012

SPEAKER 1: Well, good afternoon, everyone. We're back, and we're going to start the afternoon with a program entitled Changes in Patent Office Practice. Our speaker this afternoon is Darren Donnelly of the Fenwick & West Firm. He is a litigation partner in their Mountain View office, and let me tell you a little bit about Darren. Now, you remember this morning I mentioned the guaranteed full employment degree combination of BS doubly and a JD. I ...

Recorded on: Apr. 2, 2013

DANIEL L. REISNER: Morning, everyone. I'm going to start with the first topic of the day, which is claim construction. Judge Holderman, about five years ago, wrote, something has to change when your boss, upon reviewing your work, continues to tell you, year after year, that you are doing your job incorrectly about 1/3 to 1/2 of the time, and your customers continue to tell you their costs are too high. Judge Holderman was speaking about the Federal ...

Recorded on: Apr. 18, 2013

SPEAKER 1: Welcome back, everybody to our afternoon session of this advanced trademarks program. We are going to hear this afternoon from Jonathan Hudis, Vanessa Soman, and Joseph Drayton. Jonathan will address the topic of dual ownership of a trademark. And then Vanessa and Joe will address the topic of contributory infringement. I'll introduce all three of them now. Jonathan Hudis is a partner in the trademark and copyright practice group of Oblon, ...

Recorded on: Feb. 14, 2013

P. ANTHONY SAMMI: We're going to move into our next panel, which is Controlling Costs and Litigation-- Experts and Damages panel. We've got a wonderful panel lined up for you. I'll let them get situated. And I'll introduce them one by one. First, the closest to me is Dan Jackson. Next to Dan Jackson is Chris Gerardi and then Dan Cooper is at the end. I'll start with Dan Jackson. Dan Jackson is at Alex Partners. He has more than 30 years of experience ...

Recorded on: Jan. 10, 2012

RICHARD RAYSMAN: Welcome back for our final segment of this program this afternoon, which is the coordination with law enforcement agencies. And our two panelists are Connie Yu from Sideman and Bancroft, and she concentrates her practice on business tort issues, including disputes over complex commercial transactions, banking practices, intellectual property, and real property rights, unfair competition, false advertising, and employment matters. ...

Recorded on: Mar. 29, 2012

KATHLEEN E. MCCARTHY: Everybody ready for the afternoon? I'm happy to introduce Kate Spelman, who's going to lead us through the copyright enforcement segment. Kate is a member of Cobalt LLP in California. Berkeley, right? KATHERINE C. SPELMAN: Correct. KATHLEEN E. MCCARTHY: There you go. And is listed in one of the Best Lawyers in America, and just really knows her stuff on copyright. So, Kate? KATHERINE C. SPELMAN: Thank you. It is truly an honor ...

Recorded on: Feb. 12, 2013

KATHLEEN E. MCCARTHY: Welcome back, everyone. We're starting off the afternoon with copyright enforcement update where we're going to get two experts here talking about fair use, gray goods, and computer software protection issues in the copyright area. The first speaker is Dale Cendali who's a partner at Kirkland and who has argued before the supreme court not once, but twice, won the Harry Potter Lexicon case in a trial that was hotly followed and ...

Recorded on: Apr. 24, 2013

PETER JASZI: OK. The contractualization of copyright. In my view, one of the most interesting and important topics. Listen up. GLORIA C. PHARES: All right. So I have the daunting task of being the last thing that stands between you and lunch. And before getting to my presentation, though, I want to explain the copyright licensing materials in your handbook. The outline and the cut off for the outline is January 18. And the table of contents, which ...

Recorded on: May. 3, 2012

RICHARD DANNAY: And now Nancy, copyright preemption. Do you want to go up here? You could sit there if you want, yeah, either way. NANCY J. MERTZEL: All right, I'll sit there. RICHARD DANNAY: Thank you very much. NANCY J. MERTZEL: Make sure you stay awake for this one. It will keep me focused. RICHARD DANNAY: OK. NANCY J. MERTZEL: Good afternoon. My name is Nancy Mertzel. My topic is preemption. And for some of us, at least for me, my first exposure ...

Recorded on: May. 3, 2012

RICHARD DANNAY: We're now to our final speaker, last but not least, Bob Bernstein, who's going to talk about copyright remedies, something everyone wants to know, whether you litigate or not. Bob has specialized in copyright and trademark litigation and counseling for over 30 years. His practice includes mediation, both as a mediator and as an advocate, entertainment law, contracts, licensing, internet law, the rights of publicity and privacy, trade ...