US Patent Reform Forum: First to File Discussion and NPE's- The Debate

1)Gene Quinn, President and Founder of IPWatchdog 2)Debate betweeen Dan McCurdy and Raymond Niro
16.00 First-to-file system: Implications of a significant change in the law
• Untangling the complexities of discussing the impact of the first-to-file approach in the context of new definitions of ‘prior art’ and ‘prior use’
• Prior Art: Do pre-issuance submissions by third parties lead to higher quality patents?
• What are the exceptions to the first-to-file approach under AIA?
• Forecasts for the long term and global impact of this reform

17.00 AIA and NPEs: Impact or more of the same?
• What’s the future for NPEs under the reformed legislation?
• Will the Joinder Provision level the playing field and what does the playing field really look like?
• Patent Troll or ‘Skeptisaurus’? Is there a possibility of a more positive perspective?
Mar 27 2012
124 mins
US Patent Reform Forum: First to File Discussion and NPE's- The Debate
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    Judge Michel speaks candidly about some of the frustrations he has experienced since stepping down from the bench in order to be free to engage fully in patent debates. In particular, he describes how he testified before a Congressional subcommittee – and the members seemed not to care that he was (perhaps uniquely) a neutral witness, with no axe to grind.

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  • Part 2: Judge Paul Michel Speaks Out on Patents, Congress and the Supreme Court Recorded: Apr 12 2013 4 mins
    Part 2: Judge Paul Michel Speaks Out on Patents, Congress and the Supreme Court
  • Judge Paul Michel Speaks Out on Patents, Congress and the Supreme Court Part 1 Recorded: Mar 28 2013 6 mins
    The Shield Act is “entirely unnecessary”; the America Invents Act was a missed opportunity; and two recent US Supreme Court decisions were “extremely poorly reasoned and very harmful to a well-functioning system”

    Judge Michel speaks candidly about some of the frustrations he has experienced since stepping down from the bench in order to be free to engage fully in patent debates. In particular, he describes how he testified before a Congressional subcommittee – and the members seemed not to care that he was (perhaps uniquely) a neutral witness, with no axe to grind.

    Now legislators are talking about further changes to the patent system, with specific proposals in the so-called Shield Act. But Michel says the Act proposed “would do vastly more harm than good and is entirely unnecessary”. Interfering with judges in the ways proposed in the Act would be a “threat to justice” says Michel, adding that the problems with the patent system are that it is too slow, too unpredictable, too expensive and too disruptive – and solving them means investing in the USPTO (probably by paying examiners more).

    As he says in the video, Michel is at liberty to speak out now he is retired, but I suspect his concerns are widely shared in the judiciary. During the Forum, I moderated a panel that included Michel’s successor as Chief Judge, Randall Rader: when I asked him directly if new legislation (such as the Shield Act) were needed, he said emphatically “No” and argued that parties and judges already have the tools they need to deal with abusive and expensive litigation.

    I suspect the response from those who feel they have been victims of patent trolls will be: if district court and appeal judges really can deal with abusive litigation, then they should do so. This might involve acting tougher with vexatious plaintiffs and being more willing to award costs in appropriate cases. Maybe we need to see a bit more judicial activity here?
  • Don't lose priority: Best practices under first-to-file Recorded: Dec 19 2012 78 mins
    This webinar will examine potential pitfalls arising from the new first-to-file rules, focusing on how in-house and outside counsel can work together to ensure that priority of applications is maintained. This includes in-house tips for implementing practices to ensure priority is obtained, potential consequences for outside counsel if they don't get to the office first, and what new practices must be put in place to ensure deadlines are met.

    On the agenda:
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    •Recommended procedures

    Speakers:
    •Eileen McDermott, Americas Editor, Managing IP
    •Alexander Franco, Intellectual Property Legal Counsel, Accenture
    •Charles R. Macedo, Partner with Amster, Rothstein and Ebenstein LLP
    •Benjamin Carlsen,IP Attorney at Ecolab USA Inc
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  • IP Licensing: What’s Lurking in Common Provisions? Recorded: Nov 28 2012 81 mins
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    Eileen McDermott, Americas Editor, Managing IP (Moderator)

    Roger M Milgrim, IP Attorney and Author

    Eric E Bensen, IP Attorney and Author

    J Michael Dady, Licensee/Franchise Attorney, Dady & Gardner
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    •The importance of trade secret protection as a strategic part of your overall IP portfolio

    •Protecting trade secrets and preventing loss of rights in your collaborations and collaboration agreements.

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    Krista Carter, Partner, Intellectual Property, Dickstein Shapiro LLP
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    Ann Lee, Corporate Counsel, The Clorox Company
    Deborah E. Fishman, Partner, Intellectual Property, Dickstein Shapiro LLP
  • The State of Patent Eligibility Recorded: Sep 19 2012 83 mins
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  • US Patent Reform Forum: First to File Discussion and NPE's- The Debate Recorded: Mar 27 2012 124 mins
    16.00 First-to-file system: Implications of a significant change in the law
    • Untangling the complexities of discussing the impact of the first-to-file approach in the context of new definitions of ‘prior art’ and ‘prior use’
    • Prior Art: Do pre-issuance submissions by third parties lead to higher quality patents?
    • What are the exceptions to the first-to-file approach under AIA?
    • Forecasts for the long term and global impact of this reform

    17.00 AIA and NPEs: Impact or more of the same?
    • What’s the future for NPEs under the reformed legislation?
    • Will the Joinder Provision level the playing field and what does the playing field really look like?
    • Patent Troll or ‘Skeptisaurus’? Is there a possibility of a more positive perspective?
  • US Patent Reform Forum: Post Grant Review and Litigation Strategies Recorded: Mar 27 2012 94 mins
    14.20 Keynote address: Bob Stoll, former commissioner, USPTO

    14.40 In focus: Post Grant Review and litigation strategies under AIA
    • Scrutinising the requirements of the new PGR system
    • Which patents are vulnerable to a PGR and how are such vulnerabilities defended?
    • How to utilise the new prior-use defence
    • Elimination of the best mode defence
    • Patent portfolio management: Budgeting for increased fees
  • US Patent Reform Forum: Industry perspectives; ITC proceedings; Kappos Keynote Recorded: Mar 27 2012 153 mins
    10.50am An Industry Perspective: We lobbied the cause; the act was passed – where did we land?

    • Case notes from the pharmaceuticals and life science industry perspective
    • Comparative reflections from the IT and software industry
    • Discussions on implications of AIA for the future of patenting
    • Advantages of trade secrets in the light of AIA: Considering recent trade secrets case law
    and developments

    11.50 Key considerations: The Joinder Provision; ITC proceedings and the new rules on false marking
    • Will the Joinder Provision of AIA result in more ITC filings?
    • Analysisng the relationship between post-grant procedures, litigation and ITC investigations
    • Pros and cons of ITC under AIA
    • Is this the end of false marking litigation and how will or should ‘Competitive Injuries’ be
    defined?
    • A look at the opportunities and risks in the new enforcement landscape

    12.50pm Keynote address: David Kappos, undersecretary of commerce for intellectual property and director of the USPTO
  • US Patent Reform Forum: Roundtable: AIA rulemaking overview Recorded: Mar 27 2012 94 mins
    9.00am Opening Remarks- James Nurton, Managing Editor, MIP UK

    9.10am Key Note Address-Robert Armitage, Senior VP and General Counsel, Eli Lilly

    9.30am Roundtable: AIA rulemaking overview
    • Where are we now? Update on the rulemaking progress
    • Demystifying the latest developments and their implications for patent owners
    • Anticipating the introduction of Supplemental Examination
    • A guide to the USPTO practice reforms and the effects on US companies
  • IP enforcement in China Recorded: Mar 14 2012 64 mins
    Managing IP, in association with inovia, invites you to join a free webinar, 'How to enforce IP in China', on March 14 at 10am PST/ 1PM EST/6PM GMT.
    This webinar brings together several highly qualified speakers to look at aspects of IP enforcement in China, including the Chinese patent process itself, the risks associated with entering the local market and finding the most cost-effective method of enforcement. First-hand experience from our speakers will demonstrate the importance of utility models and of filing early, among other things.
  • Litigation strategies after the America Invents Act Recorded: Nov 29 2011 91 mins
    Our panel of accomplished IP counsel and attorneys will provide insight on how the America Invents Act will affect litigation and defense strategies, including multi-defendant suits, the new prior-use defense, elimination of the best mode defense and the end of false marking litigation.

    Speakers:

    Eileen McDermott, editor, Managing IP (moderator)
    Alan Kowalchyk, attorney, Merchant & Gould
    Kevin Rhodes, chief intellectual property counsel, 3M
    Julie Daulton, attorney, Merchant & Gould
  • How US patent reform will affect your filing Recorded: Nov 9 2011 77 mins
    The America Invents Act changes many aspects of filing patents in the US, with shifting to a first-to-file system only the most public. This seminar, in association with Wolters Kluwer, will run through the important changes that companies looking to file US patents need to bear in mind, including prior art, business methods and the new expedited examination system.

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    Simon Crompton, editor, Managing IP
    Paul Hunter, Foley & Lardner
    Courtenay Brinckerhoff, Foley & Lardner
    David Dutcher, Invention Law Group
  • Views from the inside: corporate counsel on trends in IP practice Recorded: Sep 21 2011 80 mins
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  • 美国专利法改革 Recorded: Sep 20 2011 70 mins
    当您登录网络研讨会后,请点击播放器中的“Attend”按钮。在研讨会开始前的5分钟,您需要点击“Enter Now”按钮,进入现场收听。

    您也可能需要在研讨会开始前的2至4分钟,刷新您的浏览器。

    如果您遇到任何问题,请立即联系:samantha.woo@euromoneyasia.com
  • Prepare for the new post-grant system Recorded: Sep 15 2011 94 mins
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    This webinar will examine the new post-grant system, including the elimination of inter partes reexamination, establishment of post-grant review proceedings, special transitional post-grant review of business method patents and supplemental examination.

    Speakers:

    Eileen McDermott, Americas editor, Managing IP (moderator)
    Laura Johnson, vice president of intellectual property, DexCom, Inc.
    Peng Chen, partner, San Diego, Morrison & Foerster
    Mehran Arjomand, partner, LA, Morrison & Foerster
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    Lawrence Sung - University of Maryland School of Law
    Andrew Strong - Kalon Biotherapeutics
  • Kappos answers your patent reform questions Recorded: Jul 12 2011 84 mins
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    In this live interview, Eileen McDermott will pose your questions about patent reform to USPTO director David Kappos. Submit your questions for Kappos anonymously when you register for this free webinar, which is the first in a series of webcasts examining impending changes to the US patent system.
  • Enercon explained – patent oppositions and revocations in India Recorded: Apr 19 2011 75 mins
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    Peter Ollier, Asia editor, Managing IP
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    D P Vaidya, head, engineering, Lakshmi Kumaran & Sridharan
    Bertram Huber, principal, IP*SEVA
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    Thilo Schmelcher, Michalski Huettermann & Partner
    Eric Notegen, Hoffmann-La Roche
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  • Title: US Patent Reform Forum: First to File Discussion and NPE's- The Debate
  • Live at: Mar 27 2012 8:00 pm
  • Presented by: 1)Gene Quinn, President and Founder of IPWatchdog 2)Debate betweeen Dan McCurdy and Raymond Niro
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