US Patent Reform Forum: Industry perspectives; ITC proceedings; Kappos Keynote

1)Sherry Knowles, principle, Knowles Intellectual Property Strategies and Gary Griswold 2)Judge Paul Michel
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
Mar 27 2012
153 mins
US Patent Reform Forum: Industry perspectives;  ITC proceedings;  Kappos Keynote
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  • We’ll take an in-depth look at the new Federal Financial Institutions Examination Council (FFIEC) guidelines on social media and consumer compliance risk, and how they may impact your organization. We’ll break down nearly 20 pages of dense government material, distilling the key topics for legal, compliance, risk and finance professionals, including:

    •The purpose and rationale for the new guidelines
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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
  • Geoffrey Mason, Esq., Founder and CEO of FastPatentPartner, will discuss how leading patent firms are winning cases and clients in new ways by using custom-built, comprehensive patent data sets and proprietary analytics technologies. Both case studies and practical, do-it-yourself advice will be presented regarding:

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  • Social media continues to presents challenges for security professionals as more platforms emerge and more employees and customers than ever interact with them every day. Data leakage via social media platforms and user-generated content websites can compromise customer data, intellectual property, and confidential business operations, as well reveal valuable information that threat actors can use to target your organization.

    We will review common data leakage threats and the importance of monitoring user-generated content, followed by a question and answer session with our experts to review real-life challenges you may be facing.

    What you’ll learn:
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    •Why DLP solutions only solve part of your problems
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  • Heard about big data but not sure of its impact in the legal world?
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    Hear from our customers NXP Semiconductors, Impax Labs, and Fenwick & West, how they are using Legal Analytics as the winning edge in the highly competitive business and practice of law.
  • 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.
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  • South Korea’s legal framework and patent enforcement Recorded: Feb 13 2014 71 mins
    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.
  • Patent trolls & damages Recorded: Dec 17 2013 79 mins
    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
  • IP litigation in Brazil Recorded: Oct 28 2013 83 mins
    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 Recorded: Oct 17 2013 71 mins
    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.
  • Software Patenting in Europe Recorded: Sep 24 2013 65 mins
    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.
  • Latest US biotech patent developments: Monsanto and Myriad Recorded: Jun 27 2013 80 mins
    Biotech patent specialists review developments including US Supreme Court cases Monsanto and Myriad
  • Software patents after CLS Bank v Alice Recorded: Jun 18 2013 78 mins
    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
  • 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:
    •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
  • IP Licensing: What’s Lurking in Common Provisions? Recorded: Nov 28 2012 81 mins
    This webinar, sponsored by Wolters Kluwer Law & Business, will address different aspects of drafting license agreements, which are crucial in increasing IP licensing revenue and decreasing the risk of loss and liability. Speakers will cover topics including:

    Pitfalls in drafting “standard” IP license provisions, such as recitals, grant terminology, representations and warranties, governing law, venue and dispute resolution
    Leveraging trademark assets through the franchise license agreement
    Bankruptcy and the enforcement of the license agreement


    Speakers:

    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
  • Collaborating with Your Eyes Wide Open: Strategies for Protecting Trade Secrets Recorded: Oct 17 2012 89 mins
    Your company invests significant resources in developing its trade secret information, technologies, and processes. These trade secrets are more vulnerable than ever in light of advances in technology, globalization of business endeavors, and an increase in collaborations and business partnerships. This diverse panel, including outside and in-house counsel, will discuss:

    •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.

    The panel will also provide practice and contract pointers and address issues specific to webinar attendees.

    Speakers
    Krista Carter, Partner, Intellectual Property, Dickstein Shapiro LLP
    Thomas C. Feix, The Director of Patents, The Clorox Company
    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
    After the Supreme Court’s decision in Prometheus and its vacatur and remand of the Myriad decision, the question of what constitutes patent eligible subject matter continues to pose a challenge to courts, the PTO and practitioners. This webinar will address the impact of the Prometheus decision on the eligibility question including what guidance it may provide with respect to the eligibility of gene patents, how the PTO is likely to react to the decision and the impact the decision will have on the medical field.
  • 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.

    The speakers are:

    Simon Crompton, editor, Managing IP
    Paul Hunter, Foley & Lardner
    Courtenay Brinckerhoff, Foley & Lardner
    David Dutcher, Invention Law Group
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  • Title: US Patent Reform Forum: Industry perspectives; ITC proceedings; Kappos Keynote
  • Live at: Mar 27 2012 2:45 pm
  • Presented by: 1)Sherry Knowles, principle, Knowles Intellectual Property Strategies and Gary Griswold 2)Judge Paul Michel
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