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35 USC 103 and CAFC

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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 ...

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 2013

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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, ...

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 ...

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 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

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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, ...

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 ...

USPTO Post-Grant Patent Trials 2013

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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 ...

Biotech and Pharma Licensing in Asia

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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 ...

Developments in Pharmaceutical and Biotech Patent Law 2013

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From the program: Developments in Pharmaceutical and Biotech Patent Law 2013

Released on: Apr. 15, 2013

Pharmaceutical and biotech patent law is an important and rapidly changing practice area, and the program is designed to give you the information you need to maintain your practice edge, concentrating on new developments from 2012 and placing them in the context of constantly evolving areas of the law.Technological innovation, Federal Circuit appellate oversight, and Supreme Court decisions continue to drive significant changes in the law. Several ...

Intellectual Property Law Institute 2013

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From the program: Intellectual Property Law Institute 2013

Released on: Oct. 21, 2013

PLI’s Intellectual Property Law Institute is a “must” program for IP lawyers. This program provides a complete analysis of key events in all areas of IP, providing updates on cases, legislation and government agency developments that IP lawyers need to know.A highlight of the program is a panel of in-house IP counsel from prominent companies discussing the many facets of current interest for dealing with IP and suggesting some best practices ...

Patent Law Institute 2013 (7th Annual)

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From the program: Patent Law Institute (7th Annual)

Released on: Apr. 2, 2013

The Institute is designed to be of ultimate practice value to all three subgroups in the patent law community: patent prosecutors, patent litigators, and strategic/transactional lawyers.Do not miss this unique opportunity to sharpen your practice skills and network with federal judges, USPTO officials, in-house counsel and outside patent lawyers.Lecture Topics  [Total time 12:46:15] Segments with an asterisk (*) are available only with the purchase ...

Breakout Session III: Litigation: Developments in Pharma & Biotech Patent Litigation

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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 ...

Breakout Session V: Strategic/Transactional: Hot Topics in Technology Transfer and Licensing

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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 ...

Claim Construction in Pharma/Biotech Cases

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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 ...

Corporate Counsel Panel

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Recorded on: Mar. 20, 2013

SCOTT ALTER: So to keep things on time, we're gonna go ahead and get started. This is the corporate counsel panel also known as what keeps corporate in-house counsel up at night. And for that we have some outstanding corporate counsel to talk about these issues with us. Too close. Stay a little bit away from the microphone, I'm told here. Our first panelist is T. J. Angioletti who is Associate General Counsel, Technology Transactions for Netflix. ...

Discovery Practice Before the PTAB

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Recorded on: Apr. 3, 2013

SCOTT: Welcome back, everybody. We're going to get started so we can get everybody to lunch on time. So the next module is focusing on discovery, which is a new component of these PTAB mechanisms. There was, as we all learned recently thanks to the federal circuit case last week, there's certainly no discovery in inter partes reexamination. And that was pointed out by Congress, that patent owners, in particular, wanted to challenge some of these declarations ...

Featured Faculty/Authors
Nathan A. Schachtman

Nathan A. Schachtman ~ Nathan A. Schachtman, Esq., PC

Gary A. Adler

Gary A. Adler ~ Bingham McCutchen LLP

Sabine Chalmers

Sabine Chalmers ~ Chief Legal & Corporate Affairs Officer, Anheuser-Busch InBev