On-Demand Learning

Patent

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: Good afternoon. We are welcoming ourselves back, I'm welcoming you back to the last segment of our program today. We'll run until, I think, five-- BOB SPAR: Do you have questions on there? JOHN WHITE: --30? Yes. And we have some questions. We run until 5 o'clock, I'm sorry. I was too enthusiastic about this, 5:30. But we have some questions. Let me go over some questions we have from those on the web. And I'll try to extend this toward ...

Recorded on: Jul. 23, 2013

JOHN: Welcome back. It's 11:15. We're back on cameras that work for all those out there in the ether. And welcome back to all those in live attendance as well. Our next segment of the program is fascinating-- not that the others were not fascinating as well. Because it's all very interesting. I feel like a frequent flyer customer. When I'm standing in line with my boarding pass and they say, our preferred customers, please, and I obviously don't go. ...

Recorded on: Jul. 23, 2013

JOHN M. WHITE: Welcome back. It is now the afternoon session. And again, just to be mindful, we're recording and transmitting this around the web. And so we'll stick right to the time schedule. But don't let that interrupt your need to get some coffee, stretch your legs, that sort of thing. But for us, we're recording. So we'll stick to it. And so we begin the afternoon. Now, the afternoon kicks off with a look at old 102(f) and 102(g) and how it ...

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. 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: Jul. 2, 2013

MARTA: And that's it. I took a smidge longer than I wanted. But I'm going to turn it over to our two panelists. Jane Gunnison is a partner from Ropes and Gray in New York. She's been practicing patent law in the areas I already mentioned in the biotech life sciences space for about 20 years now. And she's had a lot of experience in all different areas of technology and will be bringing that viewpoint. Sitting next to her is Chris Tobin, who's a partner ...

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 ...

Recorded on: May. 17, 2013

MARC ROTH: We'd like to invite everyone to please come back into the room. We'd like to get started for the afternoon session. We have two more panels this afternoon, and we're very excited about them. PETER BROWN: Three. Total of three. MARC ROTH: Three. Sorry. Three. So if everyone can please make their way back into the room it'd be much appreciated. OK. We can just get started. Our next session is actually one of the more interesting sessions ...

Recorded on: Apr. 17, 2013

JOSE A. ESTEVES: OK. We're gonna go ahead and get started. So our presenter for the next hour is Joe Yang. And he will be talking about developments in patent law that impact patent monetization. Joe is a partner at PatentEsque Law Group, LLP, where he specializes in the use of patents as business assets. He handles all types of IP transactions and has served as an arbitrator. He previously served as VP and general counsel of Cryptographic Research, ...

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. ...

Recorded on: Apr. 17, 2013

JOSE A. ESTEVES: So to keep things moving, while our panelists take their place, I'm going to start with the introductions for our last panel. And our last panel is going to try to take things up a little bit higher, and talk about themes and issues affecting patent monetization. Our speakers, in alphabetical order, are Robert Aronoff. Robert is a Managing Partner at Pluritas, LLC. He is also the founder of Pluritas, which is a leading Intellectual ...

Recorded on: Apr. 17, 2013

JOSE ESTEVES: OK. We're going to get started here. We've got our second to last panel. And for this panel, we're going to be discussing patent monetization and the current environment. And we're lucky to have three panelists here with us. First, we have, in alphabetical order, we've got Abha Divine. Abha is Managing Director and Founder of Techquity Capital Management. Abha's career demonstrates proven results in the successful planning and launch ...

Recorded on: Apr. 3, 2013

ROB STERNE: And we're very, very fortunate to have Dave Kappos, who recently stepped down from being our director at the PTO. I was at the PTO yesterday for a reexam interview with Deborah Jones and Art Unit 3991, and mentioned that Dave was going to be on our program today. And everyone in the room at the PTO, as well as the people at the guard desks and everywhere else, have only the nicest things to say about our speaker. Dave, you should know ...

Recorded on: Apr. 3, 2013

SCOTT A. MCKEOWN: So continuing on. And Dave's a tough act to follow, but again we're very happy to have him here. I think we got the benefit of both the PTO slides and Dave's insight, which is great. So tough act to follow. So what I want to do in this next hour is a little bit just try to pull everything together in terms of the mechanics of these procedures. And I'm not going to get into the mechanics too much other than at a very high level, ...

Recorded on: Apr. 3, 2013

SCOTT MCKEOWN: Welcome back, everybody. We're ready to kick off the afternoon session. But before we do, we did have one question that came in late. And that question was, must an IPR petition be accompanied by an expert declaration? For example, the questioner wants to know if you have clear disclosures in the prior art, maybe you can just come in without the declaration. The short answer is of course there's no requirement that you file a declaration. ...

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 ...

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 ...

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 ...