Managing IP: patents

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Trends and developments in patents

Global updates on law, licensing and litigation in patents and related areas

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South Korea’s legal framework and patent enforcement Recently, as the number of patent infringement actions filed by foreign companies against Korean competitors has increased, Korean companies have responded aggressively with counteractions in multiple countries, frequently including Korea. Under this changing environment, the quality and size of the Korean patent portfolio plays a critical role in balancing the overall positions between the disputing parties.

With recent cases such as the Apple v. Samsung disputes, Osram v. LG Innotek & Samsung LED and the “Viagra case” between Pfizer and Hanmi Pharmaceutical, having a clear understanding of the South Korean legal framework and enforcement practice becomes crucial in successfully protecting your patent portfolio and other forms of IP rights.

Whether you, or your clients, face litigation in Korea, or will potentially be facing it in the future, this webinar will help you understand the essence of Korea’s legal framework, analyse different enforcement options, and give advice on effective counter-measures.

Speakers include:
• James Nurton, managing editor, Managing IP (moderator)
• Mr. J. Kenneth Oh, vice president, head of IP division, LG Display Co., Ltd.
• Mr. Duck Soon Chang, partner, Kim & Chang
• Mr. Stephen T. Bang, partner, Kim & Chang

The webinar will focus on South Korea’s legal framework and patent enforcement practice, covering:
• Enforcement options in South Korea
• How to utilize the bifurcated court system
• Effective counter-measures to an invalidity defence
• Analysis and discussion of South Korea’s most notable patent infringement cases

The live audience will be able to ask questions of the speakers during the webinar, which will be in English and will last one hour.
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Feb 13 2014
71 mins
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  • Recently, as the number of patent infringement actions filed by foreign companies against Korean competitors has increased, Korean companies have responded aggressively with counteractions in multiple countries, frequently including Korea. Under this changing environment, the quality and size of the Korean patent portfolio plays a critical role in balancing the overall positions between the disputing parties.

    With recent cases such as the Apple v. Samsung disputes, Osram v. LG Innotek & Samsung LED and the “Viagra case” between Pfizer and Hanmi Pharmaceutical, having a clear understanding of the South Korean legal framework and enforcement practice becomes crucial in successfully protecting your patent portfolio and other forms of IP rights.

    Whether you, or your clients, face litigation in Korea, or will potentially be facing it in the future, this webinar will help you understand the essence of Korea’s legal framework, analyse different enforcement options, and give advice on effective counter-measures.

    Speakers include:
    • James Nurton, managing editor, Managing IP (moderator)
    • Mr. J. Kenneth Oh, vice president, head of IP division, LG Display Co., Ltd.
    • Mr. Duck Soon Chang, partner, Kim & Chang
    • Mr. Stephen T. Bang, partner, Kim & Chang

    The webinar will focus on South Korea’s legal framework and patent enforcement practice, covering:
    • Enforcement options in South Korea
    • How to utilize the bifurcated court system
    • Effective counter-measures to an invalidity defence
    • Analysis and discussion of South Korea’s most notable patent infringement cases

    The live audience will be able to ask questions of the speakers during the webinar, which will be in English and will last one hour.
  • NOTE: All slides are now ready for download under: http://slidesha.re/1bRku0n

    Recently, there has been a rise in allegations that the high costs of the patent litigation system in the US are being exploited to reach settlements even on low-value patents. This has led to concerns from technology companies as well as end-users that the patent system is impeding business development and innovation.

    Key to this debate is the question of damages in litigation: How are they awarded? What is proportionate? Are any changes in the law needed? In this webinar, our panellists will look at the issues raised by the troll debate, what strategies plaintiffs and defendants can adopt and what changes, if any, are needed.

    Whether you, or your clients, face threats from trolls, or will potentially be affected in the future, this webinar will help you understand the essence of the problem, how existing laws can already face these challenges and the consequences of new legislation on the issue.

    Speakers include:
    • James Nurton, managing editor, Managing IP (moderator)
    • Eric E. Bensen, intellectual property author and independent consultant
    • Bryan W. Butler, IP Counsel, IBM
    • Charles R. Macedo, Partner, Amster, Rothstein & Ebenstein LLP

    The webinar will focus on patent trolls and damages, covering:
    • What is ‘troll-behaviour’, and what is acceptable?
    • How can existing laws be utilized to tackle the problem?
    • What is being done to change the situation, and will these initiatives be effective or harmful?

    With the troll issue being discussed around the world, there is still a lack of definition and clear understanding. This webinar will provide an invaluable guide for patent owners who are affected by this problem, or might be in the future, as well as their advisers. The live audience will be able to ask questions of the speakers during the webinar, which will be in English and will last one hour.

    NOTE: All slides are now ready for download under: http://slidesha.re/1bRku0n
  • Managing IP, in association with Guerra IP, invites you to join this free web seminar focusing on IP litigation in relation to companies’ overall IP portfolio strategy in Brazil. The seminar will take place at 12pm EDT/ 2pm BRST/ 4pm GMT.

    Brazil is the world’s 6th largest economy and companies are giving more focus to this rapidly expanding market. Whether you, or your clients, are currently doing business in Brazil, or will potentially move into this market sometime in the future, this webinar will help you understand how IP litigation should factor into your overall IP strategy in this regulation heavy country.

    Speakers include:
    •James Nurton, managing editor, Managing IP (moderator)
    •José Graça Aranha, Regional Director for Latin America, WIPO
    •Colette Durst, senior IP counsel Trademarks, Tyco
    •Sherry Rollo, partner, Husch Blackwell
    •Ricardo Pinho, partner, Guerra IP Brazil

    The webinar will focus on IP litigation, covering:
    * Applicable laws and rules, and also the practical, strategic issues surrounding choice of venue, costs, timing, damage recovery and injunctive relief
    * Case studies and the perspectives of in-house counsel who have recent experience of litigation in the country

    Brazil is a large country, and for many has an unfamiliar legal system. This webinar will provide an invaluable guide for patent and trade mark owners who are investing in the country now or plan to in the future, as well as their advisers. The live audience will be able to ask questions of the speakers during the webinar, which will be in English and will last one hour.
  • A guide to IP protection and strategic investment in Myanmar, September 2013:
    •The unfolding of business in the ‘last frontier’ market of Asia: How domestic industry in progressing and how multi-nationals are expanding in Myanmar

    •How can they make IP pay?

    •An overview of new legislation in Myanmar pertaining to IP, Licensing and Trade: Identifying the gaps in IP rights legislation

    •The government’s moves to comply with TRIPS: Commitment and timeframe

    •Insightfully strategising for a future of rapid development and change: How multinational companies can gain edge and effectively invest in the burgeoning market whilst safeguarding their intellectual assets.
  • In this webinar we will look at the situation surrounding software patents in Europe. Following an up-to-date overview of European patent law around software, our panel will consider the relative importance of patent protection in different countries, some successful and unsuccessful cases and whether the national route can offer a favourable alternative to the EP route. They will also discuss the effect of European software patentability on filing strategies and provide practical guidance to aid prosecution. You will be invited to submit questions to the panel live during the broadcast and there will be time at the end for the panelists to respond to your individual queries.
  • Is the recent Federal Circuit decision in CLS Bank v Alice the death of thousands of US patents? Our panel will discuss the judges' opinions, what the ruling means for patent applicants and whether the US Supreme Court will have to take up the case
  • 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?
  • 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:
    •Brief overview of priority under the AIA
    •Implications for public disclosures and private disclosures
    •Role of provisional filings under AIA
    •Role of ndas under AIA
    •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
    •Christopher Hilberg,Senior Patent Attorney, Best Buy

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