On-Demand Learning

Intellectual Property

Transcripts

Recorded on: Jul. 23, 2013

JOHN WHITE: All right. With that, I get to introduce our speakers. So our first speaker this morning is Len Svensson. He comes to us from the San Diego office of Birch, Stewart, Kolasch, and Birch. Len has been speaking for PLI for the better part of a decade at this point. He has a degree in biochemistry from University of Maryland and then a law degree from George Mason University. And he came out to California as part of the gold rush, I guess, ...

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 ...

Recorded on: Jul. 11, 2013

ANNE HIARING HOCKING: It's my pleasure to introduce Richard Kirkpatrick as our next speaker. And I'd like to thank each individual who's coming here today, giving up their time with no compensation, with very busy schedules, to prepare these materials and provide these talks. Richard has lots of good things that you could say about him. And some of them are in the book. So I commend that to you because, in his typically humble fashion, he has asked ...

Recorded on: Jul. 11, 2013

ANNE HIARING HOCKING: I can't thank Christopher George enough for taking time out of his extremely busy day to come up here all the way from Santa Clara, into the fog and through the traffic to give his, really, an estimable perspective on what global filing strategies look like. Christopher is the managing counsel for trademarks and brands at Intel. He graduated from Emory School of Law, and he came to Intel with a very successful career in private ...

Recorded on: Jul. 11, 2013

ANNE HIARING HOCKING: Thank you so much, and thank you for attending-- those of you in person and those of you listening to our program by webinar. It's absolutely personally my favorite thing to do. I don't think there's anything more exciting in the world than trademark law. I know you think I'm nuts, but it enlivens my experience in the commercial marketplace. I can't go anywhere without seeing a product that I haven't either had something to ...

Recorded on: Jul. 11, 2013

ANNE HOCKING: Welcome back to The Fundamentals of Trademark Law in the Global Marketplace. It's 3:30. We're finishing up the day with not inconsiderable task of approaching not only alternatives to litigation but presenting the real hot topics that are going on in the trademark world right now. We are incredibly fortunate to have not one but two excellent speakers. Vineeta Gajwani is senior counsel for intellectual property at Electronic Arts. She ...

Recorded on: Jul. 11, 2013

ANNE HIARING HOCKING: Good afternoon. Welcome back to Fundamentals of Trademark Law in the Global Marketplace. We're going to continue on now with our afternoon sessions, the last two segments of the program. You're going to hear from Vijay Toke, a real privilege to have him with us. Completely [INAUDIBLE] to the fact that he is a partner in my firm, he is outstanding litigator in his field. He serves on the amicus brief committee of the United States ...

Recorded on: Jul. 10, 2013

KATHERINE C. SPELMAN: We begin with what I think is the two best presenters on the topic of basic principles of copyright law. They have worked very hard to present for you a way by which you can be meaningfully introduced to the substantive topic, so that when you finish this time with them together, you will have a much greater depth of understanding. Even if you are a copyright expert, they will run you over the cavalettis, making you think again ...

Recorded on: Jul. 10, 2013

KATHERINE C. SPELMAN: Thank you. If you see Lenny, could you tell him that we're eager for his participation? Welcome. Everything today has been a warm up act for this, the last panel, the important panel where we take all the bits and pieces that we put together, and now all we actually take it on the road and we see what happens when we make all the moving parts move. So this is the part where we talk about the hottest issue we can find, and we ...

Recorded on: Jul. 10, 2013

KATE: Welcome back to the second of our calisthenic exercises as we learn the language of copyright. I'm sure you all feel like you have your seat belts fastened and you now have a good understanding of copyrights in the most fundamental way. Of course, we all know that the right of copyright is the right to exclude, and the right to exclude includes litigation. And we have today to run us through the issues of enforcing copyrights, enforcing that ...

Recorded on: Jul. 10, 2013

KATHERINE C. SPELMAN: Welcome back to the second part of our remarkable day of Copyright in the Data Era. I hope you're enjoying a satisfying day. We are getting bigger and better in our vocabulary about copyright and conjugating in the copyright verbs. This that you are going to see now is an exciting hand gallop through the many, many places of copyright litigation this year. Our two speakers are specifically selected for their enormous appetite ...

Recorded on: Jul. 10, 2013

KATHERINE C. SPELMAN: Our next presentation is one that is also a hard slot to fill for the reason that some would say the fair use doctrine is a circumstance when the minnow has swallowed the whale. Fair use began a long time ago, and Dale will tell you more. I will stay away from it, even though I'm itching to do that because it's such an interesting topic. But when you have someone who is as generous with their time as Dale is being today, I do ...

Recorded on: Jul. 2, 2013

MARTA GROSS: OK, welcome back everyone. It's 3:15. And before we get started and I introduce our next panel, I just would like to remind everyone and ask that you fill out the evaluations. We really do look at them. I look at them. Sima looks at them. The panelists look at them. We're interested in hearing what you want to hear more about, the details and all that. Again, this is a lot of subject matter we're trying to cover in one day. And we recognize ...

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 ...

Recorded on: Jun. 11, 2013

J. ANTHONY BOWEN: OK. For our next panel, we have two presenters. One of our presenters will be joining us via conference call, and so he will be on the phone. And we have Steven Hunter is here, who will be live. And so I'll start by introducing our conference call participant faculty, and that is Joseph DeMarco. Joseph is a partner at DeVore & DeMarco LLP, where he specializes in litigating and counseling on complex issues involving information ...

Recorded on: Jun. 11, 2013

TANYA FORSHEIT: Hey, are we on? Can everyone hear us, hopefully? We're going to go ahead and get started with our next panel, which is on contract issues. And I'm going to introduce-- everyone knows who I am already since I've been here all morning. I'm going to introduce my co-panelists, one of whom, Perry Robinson, is here and one of whom, David Bloch, will be joining us momentarily. He is caught up somewhere. But he will be here very soon. So ...

Recorded on: Jun. 11, 2013

JANINE ANTHONY BOWEN: So I'm the first panelist up and my co-panelist is Rachel Evans. Rachel joined Accenture in 2003 and is currently the director of legal services for IT Offerings. Her areas of focus include complex IT transactions, cloud computing, open source software, and software as a service. Rachel has been an in-house technology lawyer for 19 years, working at IBM and with Seibel Systems prior to joining Accenture. Rachel grew up in the ...

Recorded on: Jun. 11, 2013

JANINE ANTHONY BOWEN: Welcome back. It is now 2:15. And we're getting ready to have our Privacy panel. And we have three excellent privacy experts talking with us today. And so I'll introduce them all and let them have at it for their time. First, we have Heidi Salow. Heidi is currently the vice president and senior privacy officer of Thomson Reuters. She's an expert in privacy and data security, intellectual property, e-commerce, and global data ...

Recorded on: Jun. 11, 2013

TANYA FORSHEIT: The last panel of the day, the final presenter of the day on ethics, and this is the credits everybody's been waiting for, so the best part of the day. We are very fortunate to have Merri Baldwin with us. Merri is a shareholder at the San Francisco office of Rogers Joseph O'Donnell PC. Her practice focuses on business litigation and matters related to attorney conduct, legal malpractice, professional responsibility and ethics, and ...

Recorded on: Jun. 6, 2013

GARY M. HNATH: Good afternoon, everybody. My name is Gary Hnath, and it's my great pleasure to talk to you about Section 337 cases at the ITC. How many of you have are familiar with the use of the ITC as a place to enforce patents? A few people. If I asked that question three or four years ago, people would put probably maybe one or two hands in the audience. But it is becoming increasingly important. Just yesterday, around 4 o'clock morning, we ...

Recorded on: Jun. 6, 2013

IAN N. FEINBERG: Welcome back. So because of our little schedule shift-- and actually, as I looked at the schedule, we probably should have done it in this order rather than the scheduled order-- we're now going to have our program on the Markman process and hearing. And our speaker is Madison Jellins, who has more than 20 years of experience in patent litigation and strategic counseling, mostly in the pharmaceutical and medical device clients. So ...

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, ...

Recorded on: Jun. 6, 2013

IAN FEINBERG: OK. I'm going to assume-- oh. We go. OK. Welcome back those of you who are still here. Our next speaker is Joseph Lavelle. He is a patent lawyer focusing primarily on the preparation and trial of patent infringement cases. By the way, he also has a reg number, meaning he's also license under the PTO. He's handled a number of appeals to the Court of Appeals for the Federal Circuit. He's an author, teacher, and lecturer regarding antitrust ...

Recorded on: Jun. 6, 2013

IAN FEINBERG: So our first two programs today are "Patent Prosecution for Litigators" and "Elements and Burdens in a Patent Infringement Case and the Defendant's Response." Our first speaker on patent prosecution for litigators is Sanjeet Dutta. Sanjeet is a partner in King & Spalding's Silicon Valley office. His practice focuses on patent litigation, patent prosecution, license agreements, and IP diligence and audits. He's ...

Recorded on: Jun. 6, 2013

SPEAKER 1: All right, now. JOSHUA M. MASUR: OK. Actually, it's funny because I think the reason that I'm here is that I'm one of the few people who, when they're told they are being asked to talk about complaints and answers for an hour, says only an hour? And in fact, it looks like I'm going to get a little more than an hour with you. So that will be even more fun. And I think we're going to continue the tradition that we've started already of ...