On-Demand Learning

Intellectual Property

This Year

Recorded on: Jul. 23, 2013

JOHN WHITE: Now I get to introduce Rebecca and the next topic. But I told you, Ben brings passion to 102(g), and for that reason alone it's a shame that it's gone. Because it's such a fun topic. Our next topic is 103, as seen through the lens of district court, and importantly, CAFC decisions. And the reason we look at 103 from all angles, and indeed all of prior art from all angles, is it matters. The patent office takes one view and the CAFC helps ...

From the program: Prior Art, Obviousness, and the America Invents Act in 2013

Released on: Aug. 5, 2013

Patent reform has arrived: what will be its impact on those touchstones of patentability, prior art and obviousness?  102 was already a complicated concept for patent practitioners, having undergone evolving interpretations in the PTO and CAFC.  How will the AIA now complicate matters further?  What aspects of current 102 understanding carry over to new 102?  How does the concept of “prior art” and circumstance collide in the 21st ...

Released on: Jul. 17, 2013

Taken from the briefing Assoc. for Mol. Path. v. Myriad: Isolated Human DNA is Not Patent-Eligible Subject Matter recorded June, 2013.On June 13, 2013, the U.S. Supreme Court held that naturally occurring, isolated human DNA was not patentable subject matter. The litigation involved Myriad’s patents covering, inter alia, isolated human DNA sequences known as the BRCA1 and BRCA2 genes. Mutations in one of these genes can dramatically increase an individual’s ...

Released on: Jun. 14, 2013

Taken from the briefing Bowman v. Monsanto: Supreme Court Reinforces the Limits of the “Patent Exhaustion” Defense recorded May, 2013.On May 13, 2013, the U.S. Supreme Court released its unanimous decision in Bowman v. Monsanto Co. and reinforced the limits of the “patent exhaustion” doctrine. In its decision, the Supreme Court held that the patent exhaustion doctrine did not shield Indiana farmer Vernon Bowman’s unauthorized planting of Monsanto ...

Released on: Jun. 25, 2013

Taken from the briefing CLS Bank Int'l v. Alice Corp.: Federal Circuit Splits on Patent Eligibility of Computer-Implemented Inventions recorded June, 2013.On May 10, the Federal Circuit handed down a much-anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101.  In a per curiam opinion that is perhaps the most important § 101 jurisprudence since the Supreme Court's Bilski v. Kappos ...

Released on: Apr. 25, 2013

Taken from the briefing Kirtsaeng v. John Wiley & Sons, Inc.: First Sale Doctrine Applies to Goods Made Abroad and Imported Without the Permission of the Copyright Holder recorded April, 2013.On March 19, 2013, the United States Supreme Court in Supap Kirtsaeng v. John Wiley & Sons, Inc. reversed the Second Circuit Court of Appeals and held (6-3) that the first sale doctrine set forth in 17 U.S.C. § 109(a) of the Copyright Act applies to goods ...

From the program: Acquiring or Selling the Privately Held Company 2013

Recorded on: Jun. 12, 2013

Taken from the Web Program Acquiring or Selling the Privately Held Company 2013 recorded June, 2013 in New York.Lecture Topics  [01:29:03]Specialty Areas: A. International Aspects B. Intellectual Property  [01:29:03]A. International Aspects [45 minutes] Special diligence concerns, including FCPA, AML,tax and labor issues Structuring to acquire (and perhaps later sell) a non-U.S. company Common drafting pitfalls when non-U.S. laws ...

From the program: Advanced Copyright Law Annual Review 2013

Released on: May. 3, 2013

Copyright law has become an increasingly complex area in the face of new technologies and new ways of doing business. To help you keep up-to-date and provide the sophisticated, pragmatic legal advice your clients expect, PLI has brought together a group of leading experts on copyright law. The speakers at this advanced seminar will address critical issues in copyright law, drawing on their extensive experience and judgment.Current issues will be examined ...

From the program: Advanced Licensing Agreements 2013

Released on: Apr. 4, 2013

Licensing transactions are more complex than ever. The constantly evolving legal, regulatory and technical landscape drives the need to stay current in all of these key areas. Whether utilized to develop technology, expand or create market opportunities, or generate returns from existing assets, managing complex licensing transactions requires a broad and varied toolkit. Additionally, whether licensing patents, copyrights, trade secrets or trademarks, ...

From the program: Advanced Trademark Law Annual Review 2013

Released on: May. 2, 2013

Up-to-date knowledge of current trends and case law involving trademarks is essential for corporate and law firm attorneys who specialize in, or often find themselves involved in, this critical area of intellectual property. The 2013 Advanced Trademark Law Annual Review brings together an outstanding faculty of practitioners and industry experts who will provide up-to-date developments in trademark law and practice. This seminar is also noted for ...

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 ...

From the program: Information Technology Law Institute 2013: Privacy and Cybersecurity, Mobile Advertising, Digital Distribution, Social Media and the Third Industrial Revolution

Released on: May. 30, 2013

Virtually every American business has turned to technology to improve efficiency and deliver new, Internet-based services or information.  The fastest growing companies in our troubled economy are the technology innovators.  Every lawyer in this rapidly changing economy must understand the legal issues raised by technology.  However, when technological changes outpace the law, lawyers are forced to apply decades old laws to ideas and ...

Recorded on: Apr. 17, 2013

JOSE A. ESTEVES: OK. We're going to go ahead and get started with the afternoon portion of the program. [SIDE CONVERSATION] JOSE A. ESTEVES: Yes. [SIDE CONVERSATION] JOSE A. ESTEVES: All right. So we've got the first of three panels of the afternoon program. And in this panel we're going to have presentations exploring new and emerging models related to patent monetization. And we have four speakers lined up for you. Our first is Cheryl Malone. ...

From the program: IP Monetization 2013: Maximize the Value of Your IP Assets

Released on: Apr. 30, 2013

The rapidly evolving field of Intellectual property ("IP") monetization has become a core strategic consideration for many companies.  On an increasingly regular basis, companies are considering, among other strategies, (i) the carve-out of IP assets in M&A and other strategic transactions, for sale in separate transactions, (ii) IP litigation financing, (iii) financing partners and vehicles for technology and IP development, (iv) international ...

Recorded on: Jan. 24, 2013

Taken from the briefing America Invents Act Pro Bono Program for Inventors and Small Businesses recorded January, 2013. The America Invents Act (AIA) requires that the Director of the United States Patent and Trademark Office (USPTO) work with local intellectual property (IP) organizations across the country in establishing pro bono patent  services for inventors and small businesses. Since the passage of this bill, four pro ...

Recorded on: Jul. 2, 2013

MARTA GROSS: All right, welcome back, everyone. And so now we're going to move into the next module of the three modules that we're doing today. As I mentioned to you this morning when I was giving the overview, this is the module where what we're planning on doing is I'm going to give probably a 15 or 20 minute background on what I call patent landscape. Which is going to go into some scenarios where you might have your patent attorney do some analysis ...

From the program: Understanding Patent Law 2013

Released on: Jul. 12, 2013

As the America Invents Act becomes part of current practice of patent law, you may think it is not possible to gain an understanding of this complicated field of law in one day. You would be incorrect. Whether you are new to patent law or are trying to refresh your knowledge of this field, this program will cover the key points you need to get up to speed. In particular, this program will cover all types of patent issues that may arise ...

Recorded on: Jun. 6, 2013

IAN N. FEINBERG: Welcome back. We have a slight change in plans, and the change in plans occurred about 90 seconds ago. So we're going to do the anatomy and timeline for a district court patent infringement case. Hopefully, our speaker for Markman will come later. These programs are interchangeable in terms of which comes first. In many ways, maybe this one should have gone first. But that's what we're going to do. So as much as Josh talked to you, ...

From the program: Fundamentals of Patent Litigation 2013

Released on: Jun. 19, 2013

Are you a litigator and have always wondered how patent litigation differs from your practice?  Or maybe you have considered pursuing patent litigation but first wanted to find out how it differs from other types of commercial litigation?  This exciting program will explore what makes patent litigation, whether in District Court or at the ITC, different from other types of litigation, from the Rule 11 pre-filing investigation through ...

Recorded on: Oct. 7, 2013

Taken from the Web Program Corporate Counsel Institute 2013 Recorded October, 2013 in New YorkAnticipating Regulatory Risks [01:00:54] How to read the “tea leaves” Creating the culture that “sees around corners” Taking proactive steps – before your competitors do Future areas of focus of the SEC, FSA, DOJ, cybersecurity and others The purchase price of this segment includes the following article(s) from the Course Handbook available online: Anticipating ...

From the program: Building a Law Department IP Licensing Program 2013: Driving Shareholder Value

Released on: Oct. 4, 2013

The role of the law department in managing the IP assets of a company is expanding in new and challenging ways.  Whether driven by shareholder activism or Board of Director or C-suite pressure, companies are increasingly looking for new methods to extract value from their intellectual property portfolio.  Innovative law departments have a rare opportunity to provide corporate leadership by developing revenue-generating patent licensing programs ...

From the program: Antitrust Institute 2013: Developments & Hot Topics

Recorded on: May. 9, 2013

Taken from the Web Program Antitrust Institute 2013: Developments & Hot Topics recorded May, 2013 in New York.Lecture Topics  [01:00:41]Current Legal Problems at the Interface of IP Law and Competition Law  [01:00:41] Conceptual tensions and overview Competition as a backdrop for copyright and patent law Governmental oversight of patent enforcement where standards are implicated- Why are Standards Essential Patents (SEPs) “different”?- ...

From the program: Technology and Entertainment Convergence 2013: Hot Business and Legal Issues in "Technotainment"

Released on: Oct. 2, 2013

This year’s program includes today’s major legal and business issues in the convergence of entertainment and technology. The program brings together a faculty of experienced in-house lawyers, law firm attorneys and senior business executives on the cutting-edge of this burgeoning practice.The expert faculty will address recent litigation and key cases involving convergence issues, such as the myriad of issues raised by new platforms and new technologies, ...

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 ...

From the program: USPTO Post-Grant Patent Trials 2013

Released on: Apr. 10, 2013

Post-grant patent proceedings were pursued in record number at the USPTO in 2012. The substantial costs and uncertainty of patent litigation require the development of alternative case management strategies, which at least require consideration of challenging patents at the USPTO. To this end, patent reexamination remains a viable alternative to costly litigation or parallel path to enhance litigation positions. Yet due to the public outcry for even ...