Agenda
Panels, times and speakers subject to change. Initial descriptions written by IPWatchdog. Descriptions will be updated by the panel to more specifically reflect the conversation that will be had by panelists.
Monday, May 15, 2023
1:30 PM ET
Registration & Networking
Registration with light refreshments, and networking.
Registration with light refreshments, and networking.
,3:10 PM ET
Trials and Tribulations of Enforcing a Patent against Goliath
Patent litigation has long been described as the sport of kings. Since the introduction of the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO), that truism has only grown more apparent. The PTAB was supposed to be a quicker alternative to costly patent litigation but instead has become a costly hurdle to patent…
Patent litigation has long been described as the sport of kings. Since the introduction of the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO), that truism has only grown more apparent. The PTAB was supposed to be a quicker alternative to costly patent litigation but instead has become a costly hurdle to patent…
,4:45 PM ET
Improving and Streamlining Patent Enforcement in America
It has been an interesting past 12 years for U.S. patent litigation. With passage of the America Invents Act (AIA), the industry was told that the Patent Trial and Appeal Board (PTAB) would provide a cheaper alternative to patent infringement litigation. Instead, what we have seen since passage of the AIA is a PTAB process that is typically the opening…
It has been an interesting past 12 years for U.S. patent litigation. With passage of the America Invents Act (AIA), the industry was told that the Patent Trial and Appeal Board (PTAB) would provide a cheaper alternative to patent infringement litigation. Instead, what we have seen since passage of the AIA is a PTAB process that is typically the opening…
,6:00 PM ET
Opening Reception
Beer, wine and cocktails with hors’ d’ oeuvres.
Beer, wine and cocktails with hors’ d’ oeuvres.
,Tuesday, May 16, 2023
8:00 AM ET
9:30 AM ET
Patent Litigation Funding: Evaluating and Formulating Assertion and Monetization Strategies
Over the last several years, we have seen the return of large patent infringement verdicts and verdicts that have also enhanced damages for willful infringement. These verdicts have not gone unnoticed by patent litigation financiers and patent litigators who represent patent owners. How is this landscape changing the way patent owners evaluate and formulate assertion and monetization strategies? How are…
Over the last several years, we have seen the return of large patent infringement verdicts and verdicts that have also enhanced damages for willful infringement. These verdicts have not gone unnoticed by patent litigation financiers and patent litigators who represent patent owners. How is this landscape changing the way patent owners evaluate and formulate assertion and monetization strategies? How are…
,10:50 AM ET
Texas vs. the United States: The Current State of Venue Law and Why it Matters
The decision of where patent litigation occurs is often fundamental to the outcome of cases, and certainly determinative with respect to rulings within a case ranging from motions to dismiss to disclosure requirements and everything in between. But the demise of patent litigation in Texas has been greatly exaggerated. While during 2022 the Federal Circuit embarked upon a path that…
The decision of where patent litigation occurs is often fundamental to the outcome of cases, and certainly determinative with respect to rulings within a case ranging from motions to dismiss to disclosure requirements and everything in between. But the demise of patent litigation in Texas has been greatly exaggerated. While during 2022 the Federal Circuit embarked upon a path that…
,12:10 PM ET
Patent Litigation Variation: The PTAB vs. ITC vs. District Court
The U.S. patent enforcement system is made up of three different tribunals of first instance: (1) the Patent Trial and Appeal Board (PTAB); (2) the International Trade Commission (ITC); and (3) Federal District Courts. Although the substantive law is the same as it relates to patent decision points such as the meaning of a claim (i.e., claim construction) and whether…
The U.S. patent enforcement system is made up of three different tribunals of first instance: (1) the Patent Trial and Appeal Board (PTAB); (2) the International Trade Commission (ITC); and (3) Federal District Courts. Although the substantive law is the same as it relates to patent decision points such as the meaning of a claim (i.e., claim construction) and whether…
,1:10 PM ET
2:20 PM ET
Litigating Standard Essential Patents
Patent owners are increasingly considering more complex strategies when pursuing implementers. Traditional enforcement approaches often include domestic filings at the United States International Trade Commission (ITC) coupled with a companion district court cases, but some patent owners are engaging a worldwide enforcement strategy when stakes are particularly high. Much, if not all, SEP litigation centers around the issue of FRAND…
Patent owners are increasingly considering more complex strategies when pursuing implementers. Traditional enforcement approaches often include domestic filings at the United States International Trade Commission (ITC) coupled with a companion district court cases, but some patent owners are engaging a worldwide enforcement strategy when stakes are particularly high. Much, if not all, SEP litigation centers around the issue of FRAND…
,3:40 PM ET
Using the ITC as Part of a Larger Patent Litigation Strategy
Patent owners are increasingly considering more complex strategies when pursuing implementers. While traditional approaches often include domestic filings at the United States International Trade Commission (ITC), companion district court case or multi-district filings do considerably increase leverage. Some patent owners also increasingly pursue a worldwide enforcement campaign when stakes are particularly high. Resorting to a full-court press that leverages the…
Patent owners are increasingly considering more complex strategies when pursuing implementers. While traditional approaches often include domestic filings at the United States International Trade Commission (ITC), companion district court case or multi-district filings do considerably increase leverage. Some patent owners also increasingly pursue a worldwide enforcement campaign when stakes are particularly high. Resorting to a full-court press that leverages the…
,5:00 PM ET
Getting Past the Conflict and Resolving Patent Infringement Disputes
We all know the conventional wisdom says that “over 90% of cases settle.” While a few patent cases grab headlines and seem to be existential battles, that conventional wisdom holds in our world as well, and almost all cases resolve short of trial. What positions a case for settlement on favorable terms? How can you plan to put your case…
We all know the conventional wisdom says that “over 90% of cases settle.” While a few patent cases grab headlines and seem to be existential battles, that conventional wisdom holds in our world as well, and almost all cases resolve short of trial. What positions a case for settlement on favorable terms? How can you plan to put your case…
,6:00 PM ET
Cocktail Reception
Beer, wine and cocktails with hors’ d’ oeuvres.
Beer, wine and cocktails with hors’ d’ oeuvres.
,Wednesday, May 17, 2023
8:00 AM ET
9:30 AM ET
Litigating in Parallel: Do’s and Don’ts for Concurrent PTAB, ITC and District Court Litigation
The creation of the Patent Trial and Appeal Board (PTAB) forever changed patent enforcement proceedings in the United States. While the PTAB was advertised by supporters as an alternative to expensive patent litigation, the truth has been very different. Over 80% of patent challenges filed at the PTAB relate to disputes that are ongoing in federal district court, making the…
The creation of the Patent Trial and Appeal Board (PTAB) forever changed patent enforcement proceedings in the United States. While the PTAB was advertised by supporters as an alternative to expensive patent litigation, the truth has been very different. Over 80% of patent challenges filed at the PTAB relate to disputes that are ongoing in federal district court, making the…
,10:50 AM ET
An In-House Perspective on Patent Litigation
This panel will be an off-the-record conversation about issues in-house counsel face with respect to patent litigation. Panelists will discuss planning litigation (from the patent owner’s perspective) and what happens when a complaint is served (from the defendant’s perspective), including the different dynamics that play out vis-a-vis settlement and negotiations when a defendant is sued without warning. Panelists will also…
This panel will be an off-the-record conversation about issues in-house counsel face with respect to patent litigation. Panelists will discuss planning litigation (from the patent owner’s perspective) and what happens when a complaint is served (from the defendant’s perspective), including the different dynamics that play out vis-a-vis settlement and negotiations when a defendant is sued without warning. Panelists will also…
,12:10 PM ET
Litigating Patents: A Judge’s Perspective
This off-the-record and un-recorded panel conversation will take place with Judge Ryan Holte of the U.S. Court of Federal Claims, Vice Chief Judge Michael Tierney, Administrative Patent Judge of the Patent Trial and Appeal Board (PTAB), and retired ITC Administrative Law Judge, Theodore Essex. This panel will be moderated by former Administrative Patent Judge Jim Carmichael.
This off-the-record and un-recorded panel conversation will take place with Judge Ryan Holte of the U.S. Court of Federal Claims, Vice Chief Judge Michael Tierney, Administrative Patent Judge of the Patent Trial and Appeal Board (PTAB), and retired ITC Administrative Law Judge, Theodore Essex. This panel will be moderated by former Administrative Patent Judge Jim Carmichael.
,1:10 PM ET