May 13-15, 2024
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Agenda

Speakers, panels and times subject to change.

Monday, May 13, 2024

11:30 AM ET

Add to Calendar 05/13/2024 11:30 AM America/New_York Registration & Lunch ,

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
Brendan McCommas
Add to Calendar 05/13/2024 12:30 PM America/New_York 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…

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1:30 PM ET

Add to Calendar 05/13/2024 1:30 PM America/New_York Networking Break ,

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 Brian Andrea
Eric Green
Gary Lobel
Alison Richards
Add to Calendar 05/13/2024 2:00 PM America/New_York 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…

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3:00 PM ET

Add to Calendar 05/13/2024 3:00 PM America/New_York Networking Break ,

3:30 PM ET

In Search of Injunctive Relief: Where to File and Why? *

Because patent damages will generally approximate only what a negotiated pre-infringement license would have cost, implementers often have no real incentive to take a license and instead reasonably engage in what is known as efficient infringement. The litigation and business realities of efficient infringement make access to  injunctive relief an absolute necessity for innovators seeking to address widespread patent infringement. This…

Natalie Bennett
Rob Rodrigues
Jennifer Wu
Add to Calendar 05/13/2024 3:30 PM America/New_York In Search of Injunctive Relief: Where to File and Why? *

Because patent damages will generally approximate only what a negotiated pre-infringement license would have cost, implementers often have no real incentive to take a license and instead reasonably engage in what is known as efficient infringement. The litigation and business realities of efficient infringement make access to  injunctive relief an absolute necessity for innovators seeking to address widespread patent infringement. This…

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4:30 PM ET

Add to Calendar 05/13/2024 4:30 PM America/New_York Networking Break ,

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…

Chief Judge Paul Michel Hon. Paul R. Michel
Judge Pauline Newman Hon. Pauline Newman
Hon. Randall R. Rader
Add to Calendar 05/13/2024 5:00 PM America/New_York 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…

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6:00 PM ET

Cocktail Reception

Join us at the end of day 1 for beer, wine, cocktails and hors d’ oeuvres.

Add to Calendar 05/13/2024 6:00 PM America/New_York Cocktail Reception

Join us at the end of day 1 for beer, wine, cocktails and hors d’ oeuvres.

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Tuesday, May 14, 2024

8:00 AM ET

Add to Calendar 05/14/2024 8:00 AM America/New_York Breakfast & Registration ,

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
Add to Calendar 05/14/2024 9:00 AM America/New_York 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…

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10:00 AM ET

Add to Calendar 05/14/2024 10:00 AM America/New_York Networking Break ,

10:30 AM ET

Patent Damages: What is Really at Stake? *

There are a variety of different types of damages that can be awarded to a successful patent owner who has demonstrated patent infringement after trial. These include a reasonable royalty, lost profits, enhanced damages and attorneys fees. Upon finding of infringement in favor of the patent owner the district court is statutorily mandated to award “damages adequate to compensate for…

David Duski
Elizabeth M. Manno
Sanjay Murthy
Add to Calendar 05/14/2024 10:30 AM America/New_York Patent Damages: What is Really at Stake? *

There are a variety of different types of damages that can be awarded to a successful patent owner who has demonstrated patent infringement after trial. These include a reasonable royalty, lost profits, enhanced damages and attorneys fees. Upon finding of infringement in favor of the patent owner the district court is statutorily mandated to award “damages adequate to compensate for…

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11:30 AM ET

Add to Calendar 05/14/2024 11:30 AM America/New_York Networking Break ,

12:00 PM ET

Litigating Patents in Europe *

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
Wen Xie
Add to Calendar 05/14/2024 12:00 PM America/New_York Litigating Patents in Europe *

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…

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1:00 PM ET

Add to Calendar 05/14/2024 1:00 PM America/New_York Lunch ,

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 Gina Johnson
Gwendolyn Tawresey
Add to Calendar 05/14/2024 2:00 PM America/New_York 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…

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3:00 PM ET

Add to Calendar 05/14/2024 3:00 PM America/New_York Networking Break ,

3:30 PM ET

After Exclusion: How to Mitigate ITC Remedial Orders

The battle is not over simply because a patent owner obtains an exclusion order or cease and desist order from the International Trade Commission (ITC). Indeed, in many respects a remedial order is just the beginning. The party subject to an ITC remedial order can mitigate in a number of different ways, including redesigning articles that violate the ITC order,…

Libbie DiMarco
P. Andrew Riley P. Andrew Riley
Add to Calendar 05/14/2024 3:30 PM America/New_York After Exclusion: How to Mitigate ITC Remedial Orders

The battle is not over simply because a patent owner obtains an exclusion order or cease and desist order from the International Trade Commission (ITC). Indeed, in many respects a remedial order is just the beginning. The party subject to an ITC remedial order can mitigate in a number of different ways, including redesigning articles that violate the ITC order,…

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4:30 PM ET

Add to Calendar 05/14/2024 4:30 PM America/New_York Networking Break ,

5:00 PM 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 Shawnna Yashar
Add to Calendar 05/14/2024 5:00 PM America/New_York 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…

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6:00 PM ET

Cocktail Reception

Join us at the end of day 2 for beer, wine, cocktails and hors d’ oeuvres.

Add to Calendar 05/14/2024 6:00 PM America/New_York Cocktail Reception

Join us at the end of day 2 for beer, wine, cocktails and hors d’ oeuvres.

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Wednesday, May 15, 2024

8:00 AM ET

Add to Calendar 05/15/2024 8:00 AM America/New_York Breakfast & Registration ,

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 Coke Morgan Stewart
Phil Warrick Philip Warrick
Add to Calendar 05/15/2024 9:00 AM America/New_York 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…

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10:00 AM ET

Add to Calendar 05/15/2024 10:00 AM America/New_York Networking Break ,

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
Judge Michael Tierney Hon. Michael Tierney
Add to Calendar 05/15/2024 10:30 AM America/New_York 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,…

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11:30 AM ET

Add to Calendar 05/15/2024 11:30 AM America/New_York Networking Break ,

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
Judge Michael Tierney Hon. Michael Tierney
Add to Calendar 05/15/2024 12:00 PM America/New_York 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…

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1:00 PM ET

Add to Calendar 05/15/2024 1:00 PM America/New_York Lunch ,

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