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Patent Litigation 2016

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From the program: Patent Litigation 2016

Released on: Dec. 3, 2016

Rapid changes in patent law make it necessary that, whether you are the 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, as well ...

Parallel Patent Office Proceedings

Transcripts  Transcripts    

Recorded on: Nov. 21, 2016

SPEAKER: Welcome back. The next session is on parallel proceedings in the Patent Office and the Speaker is Rich Martinelli from Orrick, Rich. RICHARD MARTINELLI: Hi there everybody. It's my pleasure to be here today to talk about parallel proceedings. Just for a brief overview, we're going to be addressing the strategic concerns that litigants face when they're in a district court for ITC action and simultaneously dealing with proceeding before the ...

Strategy and Tactics in Patent Litigation – What You Didn’t Learn From Books

Transcripts  Transcripts    

Recorded on: Nov. 21, 2016

CHRISTOPHER HU: OK. The next session is with Charles Monterio, my colleague from our DC office, and Samir Pandya from SAP. They're going to talk about litigation strategy and tactics, aspects of those topics that they don't teach you in law school. Charles. [SIDE CONVERSATION] SAMIR PANDYA: Hi everyone. My name is Samir Pandya. I am currently Director and Lead Counsel for IP Litigation at SAP in the Global Litigation Group at SAP. So we manage disputes ...

Acts of Multiple Parties – When Do They Constitute Patent Infringement?

Transcripts  Transcripts    

Recorded on: Nov. 21, 2016

CHRISTOPHER HU: The next session is on divided infringement, and the speaker is Carol White, intellectual property council for WL Gore and Associates in Delaware. CAROL WHITE: Good morning, everyone. And thank you for your time. I'm very pleased to be here this morning. I want to think Chris Hu and the PLI team for the opportunity to present today. I thought I'd share a little bit about my background as sort of a little perspective for you as litigators ...

Delivering An Effective Opening Statement in Patent Cases (Plaintiff v. Defendant)

Transcripts  Transcripts    

Recorded on: Nov. 21, 2016

CHRISTOPHER K. HU: Welcome back for the start of the second day afternoon session. The next session is on openings and storytelling and the burden of persuasion and, in just general, persuasion. The panelists are, from my far left, Keith Hummel from Cravath, Swaine, & Moore; Candice Decaire from Kilpatrick, Stockton; and my old friend, Dr. Gil Calvillo, a superstar jury consultant from Los Angeles. So I'm going to turn it over to Gil. And because ...

Recent Developments and Their Effects on Patent Litigation

Transcripts  Transcripts    

Recorded on: Nov. 21, 2016

JOHN BENNETT: Good morning everyone. My name is John Bennett. I'm an IP Litigation partner in Goodwin's Boston office. Most of my area of focus practice is in the pharmaceutical and biotech fields. I have a lot of Hatch-Waxman experience in particular. I've been doing a lot of Hatch-Waxman work really ever since coming out of law school a little over 15 years ago. But our practice, of course, spans a number of different areas. But at least for me, ...

Joint Defense and Indemnification in Patent Litigation – How to Work with Others in the Same or a Sunken Boat

Transcripts  Transcripts    

Recorded on: Nov. 21, 2016

CHRISTOPHER K. HU: Our last presentation today is from Jeffrey Zachmann, who's counsel in IBM's corporate litigation department. Jeff is a regular PLI speaker, and he's going to talk about the joint defense agreements and all of the associated risks and benefits of joint defense, as well as some other topics. Thank you. JEFFREY T. ZACHMANN: Thank you, Chris. Good afternoon. And I stand here before you, the only obstacle between you and the cocktail ...

The Emergence of 101 and 112 as Viable Defenses in Patent Litigation

Transcripts  Transcripts    

Recorded on: Nov. 21, 2016

CHRISTOPHER HU: OK, we're back. The next session is on the emergence of Section 101 and 112 as viable defenses in patent litigation. And this is one of my pet topics because I've always been a huge fan of these so-called lower echelon defenses. And I assume many of you weren't here a few years ago when we had Dave Kappos, the former director of the Patent Office here, who said it's a huge mistake to rank defenses and put 101 and 112 at the bottom. Our ...

NPEs – The Special Issues Arising From Disputes with NPEs

Transcripts  Transcripts    

Recorded on: Nov. 21, 2016

SPEAKER 1: Our next session is on the special issues involving non-practicing entities. The moderator is Eric Lobenfeld, who will introduce the other panelists. Eric, are you going to stand, sit? ERIC LOBENFELD: Yes. Yes. [CHUCKLING] ERIC LOBENFELD: He asked me if I was going to stand or sit, and I thought "yes" was an appropriate answer. Like Yogi said, when you get to the fork in the road, take it. So good afternoon, everybody, and thank you ...

Patent Remedies (Including Injunctions): The Aftermath of Recent Federal Circuit Decisions

Transcripts  Transcripts    

Recorded on: Nov. 21, 2016

CHRIS: Good morning, welcome back. The first session today is Damages and Remedies. The speakers are Paul Gupta from Reed Smith and Peter Schwechheimer, an economist from Analysis Group. Paul, Peter? PAUL GUPTA: Thanks very much, Chris. It's great to be back here again. This is a room I know all too well. And Peter and I are particularly pleased that we get to be the warm-up act for the judges. We know you're all here for the judges, not for us, ...

Ethics Issues in Patent Litigation

Transcripts  Transcripts    

Recorded on: Nov. 21, 2016

CHRISTOPHER HU: OK, our last talk today is on Ethics and the speaker is Robert Faber from the firm of Ostrolenk and Faber. As you know, the author of the famous book on patent claim drafting. And Bob, it's all yours. ROBERT FABER: Thank you. CHRISTOPHER HU: Thanks. ROBERT FABER: Thank you, Chris. I'm going to talk to you this afternoon about the two issues in ethics. Is there anybody-- everybody can hear me, I assume, right? If there's any issue ...

Trade Secrets 2016: What Every IP Attorney Should Know

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From the program: Trade Secrets 2016: What Every IP Attorney Should Know

Released on: Dec. 13, 2016

The "Big Three" categories of intellectual property are traditionally patents, copyrights and trademarks. But potentially even more valuable is the fourth category of trade secrets. New technologies and cross-border transactions place valuable secrets at increased risk. Legislatures throughout the world are recognizing that fact and responding with new laws. If you work at or counsel a technology company or any other company that creates or works ...

Judge’s Panel on Trade Secrets Litigation

Transcripts  Transcripts    

Recorded on: Dec. 6, 2016

VICTORIA CUNDIFF: Welcome back. We're heading into one of the high points of today's discussion, because we get to hear from people who have sat in an elevated position in the courtroom who will be sharing their thoughts with you about trade secrets litigation, and more generally resolving disputes in this area. Marti Johnson from Skadden, Arps has identified and worked with our judges and put together a very interesting discussion. Marti is like ...

Protecting Trade Secrets in and Outside the U.S.

Transcripts  Transcripts    

Recorded on: Dec. 6, 2016

PAMELA PASSMAN: As they're getting settled, I'd like to introduce to you our next two panelists. They are Laura Wen-yu Young and Pamela Passman. And they're are going to be talking to us about protecting trade secrets with a particular focus on what many clients tend to think of as the nightmare scenario, they feel that they can control their trade secrets domestically in their or an organization. They're very concerned about, so what if they transfer ...

Trade Secrets Crash Course

Transcripts  Transcripts    

Recorded on: Dec. 6, 2016

VICTORIA A. CUNDIFF: So why is there such a focus on trade secrets? It seems that every time you turn around, there's a news article about trade secrets law. Well, trade secrets are valuable. Perhaps between 1% and 3% of the GDP of most commercially advanced countries are tied up in trade secrets law. We can't tell for sure, of course, but those are the best estimates that we can come up with. Trade secrets are increasingly easy to misappropriate. ...

Trade Secrets Valuation and Damages

Transcripts  Transcripts    

Recorded on: Dec. 6, 2016

VICTORIA CUNDIFF: Well, in our judge's panel, it was noted that many trade secrets cases, as is true of any litigation, settle before there is a final judgment, final injunction, or a final damages award. However, those of us who practice in the field have noted that there is an uptick in damages awards in the cases that actually do go the distance. There are more of them, and they are higher in amount than ever before. And so in thinking through ...

Trade Secret Litigation

Transcripts  Transcripts    

Recorded on: Dec. 6, 2016

VICTORIA A. CUNDIFF: Many of our speakers will be around throughout the day and so you can catch up with us at your convenience. I'm very pleased to introduce the litigation discussion now, although of course we've been talking about litigation in a way throughout the day and will continue to do so. But now we're going to be drilling down and we've got two terrific experts in this field to talk with us. David Almeling is a partner at O'Melveny & ...

Learning About Competitors Lawfully

Transcripts  Transcripts    

Recorded on: Dec. 6, 2016

VICKI CUNDIFF: Well, we've talked a lot about protecting trade secrets, what to do when you suspect encroachments, how to deal with litigation, and to boot mediation of trade secrets claims. But one of the things that we should focus on is not all defendants in trade secrets disputes have misappropriated trade secrets. We've talked about the fact that it's perfectly lawful to independently develop the same information that the plaintiffs in a trade ...

Trademark Fair Use: Update and Overview

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Recorded on: Dec. 9, 2016

Taken from the briefing Trademark Fair Use: Update and Overview recorded December, 2016 in New York. This Briefing will address "trademark fair use," a frequent and puzzling issue in day-to-day trademark practice. The occasion is an important 2016 opinion from the United States Second Circuit Court of Appeals, Int’l Information v. Security University, 823 F3d 153, 2016 BL 157781, __USPQ2d __ (2d Cir 2016). This case has significantly added ...

Trademark Fair Use: Update and Overview

Transcripts  Transcripts    

Recorded on: Dec. 12, 2016

AMY TAUB: It is now my pleasure to turn this briefing over to Richard Kirkpatrick. RICHARD L. KIRKPATRICK: Hello. Today's topic is update on trademark fair use. I begin with an advertisement on the first and second page of the PowerPoint materials. I do this for two reasons. First, a reminder never to give an opinion about fair use to a client unless you've seen the actual proposed usage. It's all in the seeing. And the trick is to guess what a judge ...

Apple Inc. v. Samsung Electronics Co., Ltd.: En Banc Federal Circuit (Re)Defines Appellate Function in Patent Cases

MP3 Audio  Audio Download (MP3)    Audio Only On-Demand Web  On-Demand One-Hour Briefing    

Recorded on: Dec. 13, 2016

Taken from the briefing Apple Inc. v. Samsung Electronics Co., Ltd.: En Banc Federal Circuit (Re)Defines Appellate Function in Patent Cases recorded December, 2016 in New York. On October 7, 2016, the Court of Appeals for the Federal Circuit issued a surprise en banc opinion in one branch of the ongoing Apple v. Samsung smart phone wars. In an 8-3 opinion (by Circuit Judge Moore, with a concurrence in the result from Circuit Judge Hughes and ...

Apple Inc. v. Samsung Electronics Co., Ltd.: En Banc Federal Circuit (Re)Defines Appellate Function in Patent Cases

Transcripts  Transcripts    

Recorded on: Dec. 14, 2016

AMY TAUB: It is now my pleasure to turn this briefing over to Ira Levy of Goodwin Procter. IRA LEVY: Amy thank you very much. And hello, everyone. Thanks for joining us today for this briefing on Apple v. Samsung. And, again, just to be clear, we're going to focus today on the recent en banc opinion from the Federal Circuit not the more recent Supreme Court decision on Apple v. Samsung. The cell phone wars, in addition to keeping the companies busy, ...

Intellectual Property Rights Enforcement 2017

On-Demand Web Programs  On-Demand Web Programs    Web Segment  Web Segment    MP3 Audio  Audio Download (MP3)    MP4 - Mobile Video Seg  Video Download (MP4)    

From the program: Intellectual Property Rights Enforcement 2017

Released on: Jan. 27, 2017

This program is designed to bring you up-to-date on developments in intellectual property rights enforcement.  From the physical world to the Internet, learn how to protect your company’s or your client’s investments in IP against infringement by the billion dollar piracy industry. This program will put you in a better position to think outside of the box when it comes to enforcement options and strategies and keep you up to date ...

IP Remedies

Transcripts  Transcripts    

Recorded on: Jan. 24, 2017

KATHLEEN E. MCCARTHY: The next session is a new section we came up with to talk about IP remedies in general, sort of across the board, covering different types of intellectual property. And we have here with us Justin Pierce, who's a Partner and Chair in the IP Property Division at Venable, where his practice covers a wide range of intellectual property matters, including patent litigation, trademarks, and brand protection and international government ...

Copyright and Trademark Enforcement Update

Transcripts  Transcripts    

Recorded on: Jan. 24, 2017

SPEAKER 1: Time for our next [INAUDIBLE] SPEAKER 2: Yeah. So I will just, as we're getting set up here, I will-- making sure I'm complying with any FTC-type endorsement requirements, I want to say that the influencers that we're having on our next Trademark and Copyright panel, I've worked with both of them over the years. So full disclosure that my endorsement of this next panel has to do with ongoing connections with both of them. [INAUDIBLE] SPEAKER ...


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