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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 ...

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 ...

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, ...

Advanced Patent Licensing 2012: Current Developments and Best Practices

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From the program: Advanced Patent Licensing 2012: Current Developments and Best Practices

Released on: Nov. 5, 2012

In the current economy, more and more companies are seeking to monetize their patent portfolios. Thus, understanding patent transactions has never been more important. Experts in patent licensing will cover recent legal developments; techniques for drafting agreements for patent licensing, purchases and sales; and practical advice on negotiation and enforcement considerations. Lecture Topics  [Total time 06:15:55] Segments with an asterisk ...

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

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 a Patent License Agreement

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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

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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 ...

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 ...

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: 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 2012

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From the program: Patent Litigation 2012

Released on: Oct. 12, 2012

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 ...

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 ...

Breakouts: PATENT & TRADEMARK

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Recorded on: Oct. 16, 2012

SPEAKER 1: OK, we're back. If you're looking for the patent session, you're in the right place. We've been laboring for the past year under a new statute and here to give us some observations about it is Jennifer Sklenar, who's a partner at Arnold and Porter, where she's in the intellectual property group. Jennifer? JENNIFER SKLENAR: Thank you. Well, it's great to be here and especially to see some familiar faces that I have not seen for a while. ...

Intellectual Property Law Institute 2012

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From the program: Intellectual Property Law Institute 2012

Released on: Oct. 30, 2012

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, including updates on cases, legislation and government agency developments that IP lawyers need to know. A highlight of the program will be a panel of in-house IP counsel from prominent companies discussing the many facets of dealing with IP and related issues in a global context ...

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