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102(e) now and forever (i.e., new 102 (d)): Effects of Priority Under 119, 120, 121, 356

Transcripts  Transcripts    

Recorded on: Jul. 24, 2012

JOHN WHITE: Good afternoon. It's 3:45, and now we begin our push towards 5 o'clock and the end of our program. And so I will be delivering that part of our talk. But before I begin, I'll introduce myself, because that's what I do, you see, as moderator. So I'm standing in today for Bob Spar. Bob Spar did the slides that we're going to look at. He was the former director at the PTO in charge of the Office of Patent Legal Administration. And Bob knows ...

35 USC 103 and CAFC

Transcripts  Transcripts    

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 ...

Prior Art, Obviousness, and the America Invents Act in 2013

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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 ...

35 USC 103 and the CAFC

Transcripts  Transcripts    

Recorded on: Jul. 24, 2012

JOHN M. WHITE: Ben, we will now make a seamless transition to 103, and this is obviousness in the context of, for the most part, the CAFC dealing with district court decisions. And what becomes of those decisions and I'll let Rebecca take it from there. And she'll run us through to the next break, which is 3:30. REBECCA GOLDMAN RUDICH: OK. Everybody awake? JOHN M. WHITE: Yep! REBECCA GOLDMAN RUDICH: OK because I'm going to give you the spelling ...

Assoc. for Mol. Path. v. Myriad: Isolated Human DNA is Not Patent-Eligible Subject Matter 2013 (Audio-only)

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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 ...

Bowman v. Monsanto: Supreme Court Reinforces the Limits of the “Patent Exhaustion” Defense 2013 (Audio-only)

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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 ...

CLS Bank Int'l v. Alice Corp.: Federal Circuit Splits on Patent Eligibility of Computer-Implemented Inventions 2013 (Audio-only)

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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 ...

Advanced Licensing Agreements 2014

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From the program: Advanced Licensing Agreements 2014

Released on: Feb. 12, 2014

Licensing transactions are more complex and more important than ever. The constantly evolving legal, regulatory and technical landscape drives the need to stay current in a wide variety of 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, ...

Advanced Patent Licensing 2013: How to Make Money Without Getting Sued

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From the program: Advanced Patent Licensing 2013: How to Make Money Without Getting Sued

Released on: Nov. 8, 2013

In the current economy, the heat is on to monetize patent portfolios. Thus, understanding patent transactions has never been more important. Experts in patent licensing will tell you how to get the most money from patent licensing, how to negotiate patent license agreements, and discuss “The Good, The Bad and The Ugly” examples from actual patent license agreements. The program will emphasize practical tips for structuring, negotiating and drafting ...

All Things Chemical and Biotechnical at the PTO, Part I (or, Why We're Special)

Transcripts  Transcripts    

Recorded on: Feb. 24, 2011

JOHN M. WHITE: Welcome to the second day of The Patent Law Institute. This is a special section devoted to all things chemical. That's what we'll be working on for the next two hours. Its chemical and pharma. And I know that we have a lot of people out there in northern New Jersey especially but also others that are quite interested in what happens in the chemical and pharma world at the PTO, because it's a little different now isn't it. You know ...

All Things Chemical and Biotechnical at the PTO, Part II

Transcripts  Transcripts    

Recorded on: Feb. 24, 2011

JOHN WHITE: Welcome back to the second hour of our morning. We're going to continue with chemical practice. And after another hour of more chemical doings at the patent office, we're going to transition to PTO-related related topics from a PLI author. And I'll go ahead and reintroduce our chemical speaker, Gerry Murphy. He's with the firm Birch, Stewart, Kolasch, & Birch, down there in Virginia, with offices also in San Diego. And they've been ...

Alternative and Emerging Models in Patent Monetization

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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. ...

Alternative and Emerging Models in Patent Monetization

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Recorded on: Apr. 17, 2013

Taken from the Web Program IP Monetization 2013: Maximize the Value of Your IP Assets Recorded April, 2013 in San FranciscoAlternative and Emerging Models in Patent Monetization [01:01:31] A panel of experts will examine new and emerging models being employed in IP monetization, including the IPXI patent license exchange, crowdsourcing strategies, and emerging techniques being employed to acquire, finance and sell patents and technology.The purchase ...

Analysis of a Patent License Agreement

Transcripts  Transcripts    

Recorded on: Oct. 23, 2012

MARK S. HOLMES: Thank you, John, and welcome back. To me this is the most enjoyable parts of the whole program. And I want to thank our panelists we're going to introduce now for appearing. On my far left is Winston Henderson. He's a vice president and general counsel at NanoTerra, a Boston-based nanotechnology company with life science and non-life science divisions. Before that, he was at Surface Logix, which is a biopharmaceutical and drug development ...

Analysis of the Patent Landscape: Asserting Your Rights and the New Face of Patent Litigation; District Courts, ITC, IPR, and PGR

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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 ...

Understanding Patent Law 2013

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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 ...

Anatomy and Timeline for a District Court Patent Infringement Case

Transcripts  Transcripts    

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 ...

Anatomy and Timeline for a District Court Patent Infringement Case

Transcripts  Transcripts    

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, ...

Anatomy and Timeline for a District Court Patent Infringement Case

Transcripts  Transcripts    

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 ...

Fundamentals of Patent Litigation 2013

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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 ...

Antitrust Considerations

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Recorded on: Sep. 23, 2013

Taken from the Web Program Building a Law Department IP Licensing Program 2013: Driving Shareholder Value Recorded September, 2013 in San FranciscoAntitrust Considerations [00:48:40] Regulatory limitations/impacts Hart Scott Rodino Private “defensive” actions The purchase price of this segment includes the following article(s) from the Course Handbook available online: Presentation Material Antitrust ConsiderationsRichard S. Taffet Antitrust ...

Appeals to the Court of Appeals for the Federal Circuit

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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 ...

Before the Trial - the Pleadings, Motions and Other Factors that Determine What Gets to Trial in a Patent Case

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Recorded on: Nov. 13, 2013

CHRISTOPHER K. HU: Welcome back. Our last session today is before the trial, the pleadings, motions, and other factors that determine what gets to trial in a patent case. And our speaker Connie Huttner from Vinson & Elkins. Connie? CONSTANCE S. HUTTNER: Hello everybody, the good news is I'm the last speaker of the day. And then you'll be able to go home. And also the Veterans Day parade is over. So you'll actually be able to walk down the street. ...

Before the Trial - The Pleadings, Motions and Other Factors that Determine What Gets to Trial in a Patent Case

Transcripts  Transcripts    

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 ...

Patent Litigation 2013

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From the program: Patent Litigation 2013

Released on: Nov. 25, 2013

Rapid changes in patent law make it necessary that, whether you are plaintiff’s or defendant’s counsel, you are up-to-date on the current state of the law and can quickly develop successful litigation strategies and tactics. This program is taught by a faculty of both outside and in-house lawyers who have earned national reputations in patent litigation by trying and managing a wide variety of bench and jury patent trials, and provides comprehensive ...

Featured Faculty/Authors
George M. Wilson, MBA, CPA

George M. Wilson, MBA, CPA ~ Director, SEC Institute, a Division of PLI

Mina Park

Mina Park ~ Director, Banking and Capital Markets Origination Legal, Asia Pacific, Citi

Harvey I. Saferstein

Harvey I. Saferstein ~ Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.