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35 USC 103 and CAFC

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Recorded on: Jul. 23, 2013

Taken from the Web Program Prior Art, Obviousness, and the America Invents Act in 2013 Recorded July, 2013 in San Francisco35 USC 103 and CAFC [00:56:38] KSR in 2012-13 in the District Courts KSR as implemented by the CAFC in 2012-13 Rader: “…from my perspective 103 has not changed…under KSR.” Where do we go from here: Did the AIA change anything but a word? The purchase price of this segment includes the following article(s) from the Course ...

Akamai-McKesson: The En Banc Federal Circuit Takes on "Divided Infringement"

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Recorded on: Oct. 4, 2012

Taken from the briefing Akamai-McKesson: The En Banc Federal Circuit Takes on "Divided Infringement" recorded October, 2012. Who can be liable for patent infringement, when only the combined actions of multiple entities (but none of them individually) perform the steps required by the patent? In recent years, such a question of so-called “divided” patent infringement has created complexities for ...

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 ...

America Invents Act Pro Bono Program for Inventors and Small Businesses

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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 ...

Analysis of a Patent License Agreement

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Recorded on: Oct. 23, 2012

Taken from the Web Program Advanced Patent Licensing 2012: Current Developments and Best Practices Recorded October, 2012 in San Francisco Analysis of a Patent License Agreement [02:02:00] The 30 page license agreement: where are the land mines? Are you a deal killer? When to kill the deal What makes a patent license fair for both sides? What are the hot legal buttons? Are patent owners becoming more willing to indemnify ...

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. 3, 2013

Taken from the Web Program Understanding Patent Law 2013 Recorded June, 2013 in New YorkAnalysis of the Patent Landscape: Asserting Your Rights and the New Face of Patent Litigation; District Courts, ITC, IPR, and PGR [01:33:17] Analysis of the Patent Landscape; patentability, freedom to operate, invalidity, and infringement Determine whether and how to assert patent rights Overview of patent litigation: Sequence, timing and costs Unique ...

Anatomy and Timeline for a District Court Patent Infringement Case

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Recorded on: Jun. 6, 2013

Taken from the Web Program Fundamentals of Patent Litigation 2013 Recorded June, 2013 in San FranciscoAnatomy and Timeline for a District Court Patent Infringement Case [01:04:44] Likelihood of going to trial, time at trial and success rates in various districts The AIA’s new joinder rules, including choice of venue and transfer motions after the AIA Which districts have the most patent cases filed by patent owners, and the most filed by accused ...

Appeals to the Court of Appeals for the Federal Circuit

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Recorded on: Apr. 5, 2013

Taken from the Web Program USPTO Post-Grant Patent Trials 2013 Recorded March, 2013 in New YorkAppeals to the Court of Appeals for the Federal Circuit [00:58:36] Appeal route Standards of review Briefing schedule Effective briefs Oral argument Practice tips The purchase price of this segment includes the following article(s) from the Course Handbook available online: Federal Circuit Standard of Review for Inter Partes Patentability ...

Are You Ready to Enter the U.S. Biosimilars Pathway?

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Recorded on: Aug. 16, 2012

Taken from the briefing Are You Ready to Enter the U.S. Biosimilars Pathway? recorded August, 2012. The U.S. Biosimilars legislation was signed into law in March 2010.  The FDA published draft Guidance documents to implement Biosimilars in the Spring of 2012.  With many biologic drugs poised to come off patent in the next few years, Biotech and Biosimilars companies are preparing to test the U.S. Biosimilars system.  Several ...

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: Oct. 1, 2012

Taken from the Web Program Patent Litigation 2012 Recorded September, 2012 in San Francisco Before the Trial - The Pleadings, Motions and Other Factors that Determine What Gets to Trial in a Patent Case [01:03:16] This session will cover specific pleading requirements (such as for inequitable conduct), motions to dismiss and transfer, motions for summary judgment, motions in limine and other factors that determine what actually is tried in a patent ...

Biotech and Pharma Licensing in Asia

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Recorded on: Apr. 4, 2013

Taken from the Web Program Developments in Pharmaceutical and Biotech Patent Law 2013 Recorded April, 2013 in New YorkBiotech and Pharma Licensing in Asia [01:00:22] This session will discuss the legal aspects of optimizing a patent portfolio by licensing in Japan, Taiwan and other Asian countries.The purchase price of this Web segment includes the following article(s) from the Course Handbook available online: Pharmaceutical and Biotechnology ...

Bowman v. Monsanto: Supreme Court Reinforces the Limits of the "Patent Exhaustion" Defense

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Recorded on: May. 31, 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 ...

Breakouts: PATENT & TRADEMARK

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Recorded on: Oct. 17, 2012

Taken from the Web Program Intellectual Property Law Institute 2012 Recorded October, 2012 in San Francisco Breakouts: PATENT & TRADEMARK [01:32:18] America Invents Act - One Year Later Implementation of the first-to-file rule Procedural changes such as: - post-grant proceedings for third parties - post-grant proceedings for patent owners - pre-issuance submission by third parties - pre-grant derivation proceedings  ...

Breakout Session I: Litigation: Managing Patent Litigation: Containing Costs and Maintaining Efficiency

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Recorded on: Mar. 19, 2013

Taken from the Web Program 7th Annual Patent Law Institute Recorded March, 2013 in San FranciscoBreakout Sessions I: Litigation, Prosecution, Strategic/Transactional [01:01:09] Breakout: Litigation ** Webcast **Managing Patent Litigation: Containing Costs and Maintaining Efficiency Tips on efficient management of outside counsel Alternative fee arrangements Best practices with litigation vendors and consultants Avoiding e-discovery nightmares ...

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

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Recorded on: Jun. 11, 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 ...

Foreign Filing Best Practices: An Update on the Patent Cooperation Treaty

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Recorded on: Apr. 10, 2013

Taken from the briefing Foreign Filing Best Practices: An Update on the Patent Cooperation Treaty recorded April, 2013.With today’s global industries and markets, foreign patent protection is an essential part of IP strategy. Since entering force in 1978, the Patent Cooperation Treaty (PCT) has been a popular route for applicants acquiring patent rights in different countries because of the distinct advantages that the PCT offers versus ...

How Technology Is Creating the Third Industrial Revolution and Techniques to Finance New Businesses

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Recorded on: May. 17, 2013

Taken from the Web Program Information Technology Law Institute 2013: Privacy and Cybersecurity, Mobile Advertising, Digital Distribution, Social Media and the Third Industrial Revolution Recorded May, 2013 in San FranciscoHow Technology Is Creating the Third Industrial Revolution and Techniques to Finance New Businesses [00:59:29] The transformative potential of goods created with 3D printers Using technology to "print" samples, custom goods ...

Industrial Design, User Experience, and Maximizing Patent Protection

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Recorded on: Jun. 6, 2013

Taken from the briefing Industrial Design, User Experience, and Maximizing Patent Protection recorded June, 2013.Innovations in product form and user interactivity is front-and-center in many of today’s R&D organizations.  More and more, attorneys are being challenged with protecting the user experience that sometimes transcends the individual elements of an invention.  In this session we explore how the user experience and ...

Patent and Technology Licensing

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Recorded on: Mar. 25, 2013

Taken from the Web Program Advanced Licensing Agreements 2013 Recorded March, 2013 in New York Patent and Technology Licensing [01:01:20] Avoiding the most frequently made mistakes Technology vs. IP vs. blended licenses Why patent licensing is different Understanding grant types and degrees of exclusivity Indemnification and change of control issues Negotiation strategies Comparing licensee and licensor ...

Patent and Technology Licensing

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Recorded on: Dec. 12, 2012

Taken from the Web Program Understanding the Intellectual Property License 2012 Recorded December, 2012 in San Francisco Patent and Technology Licensing [01:03:09] Standard clauses and variations Important differences between patent and other technology licenses Defining the license scope (including fields of use and territorial limits) Negotiating compensation (royalties, milestone payments, license fees, etc.) Representations, ...

Patent Enforcement Update

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Recorded on: Feb. 12, 2013

Taken from the Web Program IP Enforcement and Litigation 2013: Criminal and Civil Update Recorded February, 2013 in New York Patent Enforcement Update [01:02:43] The impact of new patent legislation on patent litigation Patent case law trends When and how to use ITC proceedings for patent or other IP enforcement Update on Proposed Amendments to ITC Rules of Practice and Procedure The purchase price of this segment includes ...

Patent Litigation Before the Judicial Panel on Multidistrict Litigation and in MDL Proceedings

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Recorded on: May. 20, 2013

Taken from the briefing Patent Litigation Before the Judicial Panel on Multidistrict Litigation and in MDL Proceedings recorded May, 2013.Patentees continue to file multiple suits asserting the same or overlapping patents that the Judicial Panel on Multidistrict Litigation (JPML) consolidates for pretrial proceedings. This trend may increase with the changes to the joinder requirements made by the America Invents Act.Elaine Herrmann Blais ...

Practice before the Patent Trial and Appeals Board, Part One

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Recorded on: Oct. 4, 2012

Taken from the Web Program How to Effectively Prosecute AIA Post-Grant Proceedings 2012 Recorded October, 2012 in San Francisco Practice before the Patent Trial and Appeals Board, Part One [01:05:49] Pre-Trial Process - Preparing a Petition - Preparing a Preliminary Response - Use of Experts - Considerations after Decision on Petition The purchase price of this segment includes the following article(s) from the Course Handbook available online: Presentation ...

Preparing for Patent Warfare, Trolls and Other IP Issues

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Recorded on: Oct. 11, 2012

Taken from the Web Program Corporate Counsel Institute 2012 Recorded October, 2012 in New York Preparing for Patent Warfare, Trolls and Other IP Issues [01:01:10] Preparing to bring/defend big cases, including choice of forum issues Defending against NPEs Recent developments in patent law Activity in Germany and EU issues Impact on in-house lawyers The purchase price of this segment includes the following article(s) ...

Role of Patents in Business and the Impact of the America Invents Act

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Recorded on: Nov. 6, 2012

Taken from the briefing Role of Patents in Business and the Impact of the America Invents Actrecorded November, 2012. Changes instituted by the recently enacted America Invents Act will impact all industries. This presentation will summarize the critical role patents are playing in business decisions today. Lecture Topics  [Total Time: 01:05:25] An overview of the value of patents and how they are being leveraged as a business ...

Featured Faculty/Authors
Lisa J. Sotto

Lisa J. Sotto ~ Hunton & Williams LLP

David W. Pollak

David W. Pollak ~ Morgan, Lewis & Bockius LLP

Katie M. Lachter

Katie M. Lachter ~ Hinshaw & Culbertson LLP