Agenda
Speakers, panels and times subject to change.
Monday, May 13, 2024
11:30 AM ET
12:30 PM ET
Patent Litigation Review: Cases and Issues to Watch *
This panel will kick off our 4th annual Patent Litigation Masters™ program, with a review of the most important cases and issues. What is in store for the rest of 2024 and beyond with the Supreme Court continuing to refuse any reconsideration or refinement of the law of patent eligibility, bills pending that would reform the PTAB and return patent…
Scott McKeown
Stephen McBride
Brendan McCommas
This panel will kick off our 4th annual Patent Litigation Masters™ program, with a review of the most important cases and issues. What is in store for the rest of 2024 and beyond with the Supreme Court continuing to refuse any reconsideration or refinement of the law of patent eligibility, bills pending that would reform the PTAB and return patent…
,2:00 PM ET
Patent Litigation Due Diligence: Preparing for an Inevitable Patent War
Startups and SMEs often find themselves pursuing exciting new technologies and innovations, which while immature are not attractive targets for patent enforcement. As nascent technologies grow and become more widely adopted, and the companies employing those technologies grow and the market expands, those pursuing the now maturing innovations do become attractive targets for patent enforcement campaigns. The threat of patent…
Brian Andrea
Eric Green
Gary Lobel
Alison Richards
Startups and SMEs often find themselves pursuing exciting new technologies and innovations, which while immature are not attractive targets for patent enforcement. As nascent technologies grow and become more widely adopted, and the companies employing those technologies grow and the market expands, those pursuing the now maturing innovations do become attractive targets for patent enforcement campaigns. The threat of patent…
,3:30 PM ET
In Search of Injunctive Relief: Why, When and Where *
Availability of injunctive relieve in patent litigation has been a hotly debated topic for many years. Ever since the U.S. Supreme Court decided eBay v. MercExchange it has been extremely difficult, if not impossible, to obtain an injunction against an infringer. But today, in addition to the reality imposed by the law, the fear of a PR backlash is causing companies…
Natalie Bennett
Rob Rodrigues
Jennifer Wu
Availability of injunctive relieve in patent litigation has been a hotly debated topic for many years. Ever since the U.S. Supreme Court decided eBay v. MercExchange it has been extremely difficult, if not impossible, to obtain an injunction against an infringer. But today, in addition to the reality imposed by the law, the fear of a PR backlash is causing companies…
,5:00 PM ET
Patent Litigation Perspectives: Where We Stand Now *
A great deal has changed with respect to U.S. patents over the two generations. The United States transitioned from a system where far fewer patents were sought and where courts rarely, if ever, saw a patent they thought was valid and enforceable, into a patent system where patents were an extremely valuable asset backed by a Federal Circuit that was…
Hon. Paul R. Michel
Hon. Pauline Newman
Hon. Randall R. Rader
A great deal has changed with respect to U.S. patents over the two generations. The United States transitioned from a system where far fewer patents were sought and where courts rarely, if ever, saw a patent they thought was valid and enforceable, into a patent system where patents were an extremely valuable asset backed by a Federal Circuit that was…
,6:00 PM ET
Cocktail Reception
Join us at the end of day 1 for beer, wine, cocktails and hors d’ oeuvres.
Join us at the end of day 1 for beer, wine, cocktails and hors d’ oeuvres.
,Tuesday, May 14, 2024
8:00 AM ET
9:00 AM ET
Patent Owner Strategies for Enforcing Patents *
There is little doubt that the way patent rights are viewed and protected has transformed over the last 15 to 17 years. The patent system in the U.S. over that timeframe has come to incentivize efficient infringement and make it harder, if not impossible, to resolve patent infringement disputes through arms-length negotiations. Efficient infringement, enabled by increased procedural challenges and…
Amanda Streff Bonner
Michael Gulliford
Ben Herbert
Benjamin Weed
There is little doubt that the way patent rights are viewed and protected has transformed over the last 15 to 17 years. The patent system in the U.S. over that timeframe has come to incentivize efficient infringement and make it harder, if not impossible, to resolve patent infringement disputes through arms-length negotiations. Efficient infringement, enabled by increased procedural challenges and…
,10:00 AM ET
10:30 AM ET
Seeking FRAND: The Licensing and Litigation of SEPs *
Innovators commit to providing access to the patents that are or may become necessary to implementations of the standard (i.e., standard essential patents) for a rate that is fair, reasonable and non-discriminatory, or FRAND. This makes what is fair, reasonable, and non-discriminatory the central issue in virtually all licensing negotiations and litigations. What is a FRAND rate is illusive because…
Brian P. Johnson
Jon Putnam
Michael Rader
Shawnna Yashar
Innovators commit to providing access to the patents that are or may become necessary to implementations of the standard (i.e., standard essential patents) for a rate that is fair, reasonable and non-discriminatory, or FRAND. This makes what is fair, reasonable, and non-discriminatory the central issue in virtually all licensing negotiations and litigations. What is a FRAND rate is illusive because…
,11:30 AM ET
12:00 PM ET
Litigating Patents in Europe: Germany vs. the UPC *
On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court. The Unified Patent Court (UPC) began on June 1, 2023. The driving force behind the UPC is to make patent enforcement in Europe more efficient, by allowing patent owners to bring an infringement action in a single place rather than 17 different jurisdictions. With so much uncertainty about…
Michael Fleuchaus
Volkmar Henke
On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court. The Unified Patent Court (UPC) began on June 1, 2023. The driving force behind the UPC is to make patent enforcement in Europe more efficient, by allowing patent owners to bring an infringement action in a single place rather than 17 different jurisdictions. With so much uncertainty about…
,2:00 PM ET
Satisfying the Domestic Industry Requirement at the ITC *
While the ITC is a desirable forum for patent owners, it is not available to everyone. The jurisdictional statute — 19 U.S.C. § 1337 — has a standing requirement. Generally speaking, to access the ITC Section 337 requires that an ITC complainant show (1) that it maintains the required level of economic activity within the United States, and (2) this…
Janine Carlan
Joshua Hartman
Gina Johnson
Gwendolyn Tawresey
While the ITC is a desirable forum for patent owners, it is not available to everyone. The jurisdictional statute — 19 U.S.C. § 1337 — has a standing requirement. Generally speaking, to access the ITC Section 337 requires that an ITC complainant show (1) that it maintains the required level of economic activity within the United States, and (2) this…
,3:30 PM ET
After Exclusion: How to Mitigate ITC Remedial Orders
The ITC has broad discretion to enter powerful remedial orders that exclude all infringing articles (not just those adjudicated in the ITC investigation) from entry into the United States. Respondents facing potential ITC remedial orders can mitigate the impact and scope of ITC remedial orders in a number of ways, including by redesigning the infringing articles, successfully challenging the asserted…
Paul Bartkowski
Libbie DiMarco
P. Andrew Riley
The ITC has broad discretion to enter powerful remedial orders that exclude all infringing articles (not just those adjudicated in the ITC investigation) from entry into the United States. Respondents facing potential ITC remedial orders can mitigate the impact and scope of ITC remedial orders in a number of ways, including by redesigning the infringing articles, successfully challenging the asserted…
,5:00 PM ET
Patent Damages: What is Really at Stake? *
This panel will discuss the latest hot topics in patent litigation damages, as well as tips for practitioners on both sides of the “v” on how to handle these issues and how best to work with clients. Some of the topics to be discussed include: Damages based upon foreign activities in light of the Federal Circuit’s recent decision in Brumfield…
Brian Biggs
David Duski
Elizabeth M. Manno
Sanjay Murthy
This panel will discuss the latest hot topics in patent litigation damages, as well as tips for practitioners on both sides of the “v” on how to handle these issues and how best to work with clients. Some of the topics to be discussed include: Damages based upon foreign activities in light of the Federal Circuit’s recent decision in Brumfield…
,6:00 PM ET
Cocktail Reception
Join us at the end of day 2 for beer, wine, cocktails and hors d’ oeuvres.
Join us at the end of day 2 for beer, wine, cocktails and hors d’ oeuvres.
,Wednesday, May 15, 2024
8:00 AM ET
9:00 AM ET
Winning and Losing at the Federal Circuit
Winning and losing at the Federal Circuit sometimes seems arbitrary, and panel dependent. Still, there are many attorneys that have a very high win percentage when representing clients at the Federal Circuit. What have these attorneys learned about the secret to success on briefs and during oral argument? How can appellants and appellees increase their chances of winning at the…
Matthew Dowd
Farheena Rasheed
Coke Morgan Stewart
Philip Warrick
Winning and losing at the Federal Circuit sometimes seems arbitrary, and panel dependent. Still, there are many attorneys that have a very high win percentage when representing clients at the Federal Circuit. What have these attorneys learned about the secret to success on briefs and during oral argument? How can appellants and appellees increase their chances of winning at the…
,10:00 AM ET
10:30 AM ET
PTAB Winning Strategies for Owners and Petitioners *
Unlike most district court judges, the Administrative Patent Judges (APJs) that make up the Patent Trial and Appeal Board (PTAB) are technically savvy engineers and scientists, many with advanced degrees and many years of industry experience. As a result, what works in district court or on appeal to the Federal Circuit often does not work while appearing at the PTAB,…
Scott McKeown
Kristi Sawert
Stephen T. Schreiner
Hon. Michael Tierney
Unlike most district court judges, the Administrative Patent Judges (APJs) that make up the Patent Trial and Appeal Board (PTAB) are technically savvy engineers and scientists, many with advanced degrees and many years of industry experience. As a result, what works in district court or on appeal to the Federal Circuit often does not work while appearing at the PTAB,…
,11:30 AM ET
12:00 PM ET
Patent Litigation Ethics: Evading Trouble, Avoiding Sanctions and Staying Ethical *
Ethics and patent enforcement has been center stage recently in several high-profile matters in the district court and at the Patent Trial in Appeal Board (PTAB). In one particular case between OpenSky Industries, LLC (the Petitioner) vs. VLSI Technology LLC (the Patent Owner), in a fight over the validity of claims of U.S. Patent No. 7,523,373, attorneys for OpenSky offered…
Jerry Cohen
Steve Marshall
Hon. Michael Tierney
Ethics and patent enforcement has been center stage recently in several high-profile matters in the district court and at the Patent Trial in Appeal Board (PTAB). In one particular case between OpenSky Industries, LLC (the Petitioner) vs. VLSI Technology LLC (the Patent Owner), in a fight over the validity of claims of U.S. Patent No. 7,523,373, attorneys for OpenSky offered…
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