This is a webcast of the live San Francisco session.Why you should attend
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 a website is becoming an NPE target.
A number of bills are already pending in Congress. The President’s initiatives include 5 executive and 7 legislative proposals that could impact the U.S. Patent and Trademark Office and the International Trade Commission. And, the Federal Trade Commission is conducting a Rule 6(b) investigation into whether NPEs are disrupting competition in some high-tech markets.
Join our expert faculty of in-house counsel and law firm patent lawyers to understand the current state of NPE litigation and to preview the impact of these significant initiatives in just one day.
What you will learn
- Understand the key trends in this quickly developing area of patent law
- Gain insight into C-Suite NPE litigation concerns while building successful businesses
- Take home strategies for dealing with NPE cases from experts
- Master the latest damages case law and how to apply it to your litigation
- Learn from a panel of experienced plaintiff and defense counsel as they explore NPE litigation from their unique perspectives
- Get prepared for possible administrative and legislative changes that will significantly impact NPE litigation
Who should attend
General counsels, chief IP counsel and patent litigators who want to understand the latest trends in NPE litigation and patent litigation more generally.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
All times are P.S.T.
Morning Session: 9:00 a.m. - 12:30 p.m. (P.S.T.)
9:00
Program Overview
R. David Donoghue
9:15
The View from the C-Suite: How a Start-Up GC Faces NPEs
- A relatively new GC of a young start-up talks about the rude awakening he faced upon taking his first GC position
- How to handle the increasing flow of NPE demands and suits
- Having a rational conversation with your C-level suite
- Dealing with budgeting issues
- How troll cases play into selling the company, getting financing, etc.
Sean Patrick Butler
10:15 ITC: Recent Developments in Domestic Industry and ITC Law
- Status of domestic industry case law
- Changes in ITC law
- Strategies for fighting NPEs at the ITC
Stefani E. Shanberg
11:15 Networking Break
11:30 Panel on NPE litigation
- Discussion of the polarization of NPE cases and parties
- How to get better results. Cooperation?
- Addressing misconceptions and stereotypes (NPEs do not do a sufficient Rule 11 investigation, etc.)
Anthony E. Dowell, Peter Kirk, Amy G. O’Toole
12:30 Lunch Break
Afternoon Session: 1:45 p.m. - 5:00 p.m. (P.S.T)
1:45 Damages Update: Apportionment, RAND, and Other Federal Circuit Decisions
- Federal Circuit apportionment case law – is anything really changing?
- A comprehensive look at the evolving law of RAND damages
- What the N.D. Illinois Innovatio essentiality ruling means for RAND determinations
- How RAND rates are being set in district courts across the country
- Are the 25% "rule" and the Nash Bargaining Solution dead?
Cynthia Bright, Ahmed J. Davis, Sonal N. Mehta
2:45 Overview of NPE Reform Legislation with a Focus on the Practical Impact of Legislation
- Look at existing/competing bills or signed laws
- Focus on practical impact of the legislation or new law on NPE cases
- Look at the FTC's 6(b) investigation
Tim Porter
3:45 Networking Break
4:00 Strategies for Defending Against NPEs
- New PTO procedures
- Bifurcation (recent case law allowing appeal at the end of the first portion of a bifurcated proceeding)
- Touch on legislation if it is close to being signed into law or has been signed into law
- The increasing effectiveness of exhaustion defenses
- The power of standards setting bodies and RAND analysis
R. David Donoghue, Steven E. Jedlinski
5:00 Adjourn
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Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
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1Indiana: Considered a distance education course. There is a 6 credit limit per year.
2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.
5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
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