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Understanding the Intellectual Property License 2013

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From the program: Understanding the Intellectual Property License 2013

Released on: Dec. 23, 2013

Licensing can be used to gain access to intellectual property at a lower cost than developing or purchasing intellectual property assets, and as a way of generating new sources of revenue out of existing intellectual property assets. Companies are increasingly turning to licensing because it offers valuable economic and strategic opportunities. Virtually every business today must confront licensing issues and, therefore, a solid base of knowledge ...

Open Source and Free Software 2013: Benefits, Risks and Challenges

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From the program: Open Source and Free Software 2013: Benefits, Risks and Challenges

Released on: Dec. 25, 2013

This program will address the critical issues that IP, technology and business lawyers need to consider when handling open source software in today’s economy. Armed with this information, you will be better able to help your clients make intelligent choices and decisions about how to take advantage of the benefits and manage the risks presented by open source software.Lecture Topics  [Total time 06:21:10]Segments with an asterisk (*) are available ...

Dealing With Experts, Including Rule 26 Employee Experts

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Recorded on: Nov. 13, 2013

Taken from the Web Program Patent Litigation 2013 Recorded November, 2013 in New YorkDealing With Experts, Including Rule 26 Employee Experts [01:02:12] Expert witnesses play a critical role in patent litigation with respect to both liability and damages issues. Often a company’s best resource on the technology at issue or state of the marketplace is one of its employees. The employee (typically a “non-retained” or “inside” expert) can provide valuable ...

Three Years After Bilski - The Patentability Of Business Methods

Transcripts  Transcripts    

Recorded on: Nov. 13, 2013

SPEAKER 1: Welcome back. Our next speaker is Carolyn Blankenship, who's senior vice president and chief intellectual property counsel for Thomson Reuters. Carolyn's going to be speaking about the patentability of business methods, three years after Bilski. And I hope Carolyn has answers, because I don't. CAROLYN BLANKENSHIP: Thank you, Chris. And I really appreciate the fact that you've entrusted me with this, what I think is probably one of the ...

Ethical Issues in Patent Litigation

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Recorded on: Nov. 13, 2013

CHRIS HU: OK, now we're down to our last one, the one you've all been waiting for on ethics. And I'm going to resist the temptation to say legal ethics and oxymoron in the same sentence. Our speaker is Ed Polk who I've heard speak many times and I always find it informative and entertaining. And he's going to talk about ethical issues in patent litigation. Ed. C. EDWARD POLK, JR: Thank you. We still have this right. Again my name is Edward Polk. ...

Willful Infringement and Current Defensive Strategies

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Recorded on: Nov. 13, 2013

CHRISTOPHER K. HU: OK. The next session is on Willful Infringement and Current Defensive Strategies. It has to do with opinions of counsel and other related topics. Our speakers are Heather Faltin, who's a senior patent counsel at Comcast in Philadelphia and David Brightman, vice president, associate general counsel of Yahoo in Sunnyvale, California. And David I'm going to apologize to you again, this time publicly. Last night he told me that he ...

Parallel Patent Reexaminations and PTAB Proceedings

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Recorded on: Nov. 13, 2013

GEORGE E. BADENOCH: Well, good morning everyone. As Chris said, this is an interesting time in the area of patent litigation. And then he went on to say the Federal Circuit has attempted to clarify the law in several areas. Of course, every time the Federal Circuit attempts to clarify the law, that's what keeps this program going. So we appreciate that. There's obviously a lot of controversy in this area. One thing that's interesting is that patent ...

Dealing With Experts, Including Rule 26 Employee Experts

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Recorded on: Nov. 13, 2013

CHRISTOPHER HU: Our next speaker is Eric Lobenfeld from Hogan Lovells who's going to talk about dealing with experts, including inside experts. And if Peter Schwechheimer, our damages guy, is still hear, Eric is going to talk about how difficult it is to deal with people like you. ERIC J. LOBENFELD: But I won't say what Judge Posner says, though, because I'll be more polite. Good morning, everybody, thank you for attending today. I'm going to cover ...

Keynote: The AIA and Its Effects After Two Years

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Recorded on: Nov. 13, 2013

CHRISTOPHER K. HU: OK. Now I have the privilege of introducing David Kappos, who's a partner at Cravath, Swaine & Moore. From 2009 to 2013, Dave was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office. And I tried very hard not to say commissioner. Some of us who are a little older always refer to the head of the patent office as the commissioner. Before that, Dave had a long career with IBM, including ...

Expert Direct/Cross-Examination

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Recorded on: Nov. 13, 2013

SPEAKER 1: OK, we're going to get started with the second to the last presentation. This is on expert direct and cross examination. There's going to be a demonstration. Our speakers are David Gross from Faegre Baker Daniels and Tim Sullivan. David. Tim. DAVID J.F. GROSS: Hi. Good afternoon. So today, we're going to do a live demonstration of an expert direct and an expert cross, so we can all get in the feel, get the vibe of what happens in a real ...

Program Overview

Transcripts  Transcripts    

Recorded on: Nov. 13, 2013

JOHN M. MOLA: It's now my pleasure to introduce to the longtime chair of the New York City Patent Litigation program, Christopher K. Hu. And Chris is a partner at Dickstein Shapiro. And he's resident here in the New York City office. So it's my pleasure to turn the program over to you Chris Hu. CHRISTOPHER K. HU: Thank you, John. Welcome to this year's version of Patent Litigation. I think this is a really interesting time in patent litigation. In ...

Recent Developments and Changes in Patent Law and Their Effects on Patent Litigation

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Recorded on: Nov. 13, 2013

  SPEAKER 1: The next topic is the recent developments and changes in patent law and their effects on patent litigation. The speakers are Elaine Herrmann Blais and Nick Mitrokostas from Goodwin Procter in Boston. Elaine, Nick, I don't know which one of you is going first today. ELAINE HERRMANN BLAIS: I'll start. SPEAKER 1: OK. ELAINE HERRMANN BLAIS: So this topic I always think of a little bit as the catch-all. What are others not covering? ...

Patent Damages

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Recorded on: Nov. 13, 2013

CHRISTOPHER HU: Welcome back. The first session today is the session on damages. Our speakers are Jennifer BianRosa, my colleague from Dickstein Shapiro, and Peter Schwechheimer, a vice president at Charles River Associates, or CRA, in Boston. Peter, you're going first. PETER SCHWECCHEIMER: So the title of the talk today, Review of Recent Developments and Structural Issues in Patent Infringement Damages. We'll start off by-- just give you a little ...

Infringement Based on the Acts of Multiple Parties

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Recorded on: Nov. 13, 2013

CHRISTOPHER K. HU: OK. We need to get started again. Welcome back. The next topic is the increasingly-important subject of infringement based on the acts of multiple parties, and the speaker is Gene Lee from Ropes and Gray. Gene? GENE W. LEE: Thanks Chris. Good afternoon everybody. I've seen some old friends already. It's my pleasure to be here today to present on a topic of great interest to me, sometimes called divided infringement, sometimes called ...

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. ...

Patent and Technology Licensing

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Recorded on: Dec. 11, 2013

JOSEPH YANG: Hello, and welcome back. Everybody hear me in the back? Is it loud enough? OK. I'd like to spend the next hour talking about patent and technology licensing. And it's kind of an odd topic because patents and technology are always treated together in these conferences, and it makes sense because patents are the IP asset class that were created specifically to deal with technology. But it's kind of weird class because there are significant ...

Non-Practicing Entity Patent Litigation 2013: Plaintiff and Defense Perspectives

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From the program: Non-Practicing Entity Patent Litigation 2013: Plaintiff and Defense Perspectives

Released on: Dec. 26, 2013

Non-practicing entity (NPE) patent litigation is proliferating. It is estimated that 60 percent of patent lawsuits are now filed by NPEs and that these litigations cost the economy $29 billion annually in direct legal costs.President Obama has taken aim at NPEs focusing national and international attention on NPE litigation.  It is a significant and growing problem for successful companies across virtually every industry.  Any company with ...

Royalty-Free Patents and Open Standards in Open Source Software

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Recorded on: Dec. 16, 2013

LARRY: You know I like all this other stuff about Open Source, but this next topic is the one that really turns me on. Because there are so many issues that have hit the press recently about patents and patents in software. And, from the vantage point-- as Gwynn said just a moment ago-- from the vantage point of a lot of people in the Open Source community, these guys are evil. They own patents. They are stopping us. On the other hand, this is Open ...

Program Overview

Transcripts  Transcripts    

Recorded on: Dec. 17, 2013

SPEAKER 1: It's now my pleasure to introduce the chair of today's program, our David Donoghue, who's a partner in the law firm Holland & Knight, resident in their Chicago office. So welcome from the Windy City to the Bay Area. Dave is a trial attorney and a deputy practice group leader of Holland & Knight's intellectual property team, focusing almost 15 years of experience upon intellectual property litigation and particularly upon patent ...

Damages Update: Apportionment, RAND, and Other Federal Circuit Decisions

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Recorded on: Dec. 17, 2013

DAVID DONOGHUE: Welcome back. Thank you for joining us for the afternoon session. We made sure to have some exciting panelists and topics for the afternoon knowing that it can be hard to sit through the CLE after lunch. Our first panel is going to discuss patent damages. We have three panelists. Cynthia Bright is Vice President and Associate General Counsel for IP Litigation and Public Policy at Hewlett-Packard. She has led the IP Litigation team ...

Overview of NPE Reform Legislation with a Focus on the Practical Impact of Legislation

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Recorded on: Dec. 17, 2013

SPEAKER 1: So while we-- I think we're set. I will go ahead and introduce Laura Sheridan. She's Patent Counsel with Google, focusing on patent strategy and policy. And I can tell you from experience that she has a very deep depth of knowledge with this subject matter. She's been watching and following the maze that is the various bills very close. So, Laura? LAURA A. SHERIDAN: OK, thank you very much. So I'm going to be giving an overview of patent ...

Strategies of Defending Against NPEs

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Recorded on: Dec. 17, 2013

R. DAVID DONOGHUE: Welcome back. Thank you for joining us for the last hour, especially those of you on the East Coast, where it's getting quite late. You've already heard a lot from me, so I won't reintroduce myself. I'm speaking for this last hour with my colleague, Steve Jedlinski. Steve is a patent attorney, a patent litigator, at Holland & Knight. He is somewhat unique in that he brings some depth of experience with patent prosecution, which ...

The View from the C-Suite: How a Start-Up GC Faces NPEs

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Recorded on: Dec. 17, 2013

SPEAKER 1: And so with that, I'm going to introduce Sean Butler. Sean is senior corporate counsel for Cisco's Cloud Networking Group. Sean came to Cisco as general counsel of Meraki, a cloud-managed networking company. Sean helped to lead the Meraki team through Cisco's acquisition of Meraki over a very short period-- nine weeks from term sheet to closing. Sean, in his bio materials, if you read them, refers to himself as a reluctant lawyer. Those ...

ITC: Recent Developments in Domestic Industry and ITC Law

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Recorded on: Dec. 17, 2013

SPEAKER 1: So now I have the privilege of introducing Stefani Shanberg. Stefani is a partner at Wilson Sonsini, here in San Francisco, where she focuses on patent litigation with a particular emphasis in ITC matters. My experience tells me, quite clearly, that she also has a specialization in winning, meeting her clients' expectations, and understanding the realities of her clients' businesses, which is critical. Particularly, as we heard from Sean, ...

Panel on NPE litigation

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Recorded on: Dec. 17, 2013

DAVID DONOGHUE: All right, welcome back. We're going to reconvene with a panel. As I promised, we'll be looking at both sides of the issue for this hour. I'll briefly introduce everyone. Starting with Tony Dowell on my right. Tony Dowell is a trial lawyer and a patent litigator. He is with Taft Stettinius & Hollister in Indianapolis. Tony, as I said, is a trial lawyer, and he's a patent lawyer. He's represented non-practicing entities, and despite ...

Featured Faculty/Authors
Rebecca Walker

Rebecca Walker ~ Kaplan & Walker LLP

K. Susan Grafton

K. Susan Grafton ~ K&L Gates LLP

Garner K. Weng

Garner K. Weng ~ Hanson Bridgett LLP