Litigation strategies after the America Invents Act
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.
Eileen McDermott, editor, Managing IP (moderator)
Alan Kowalchyk, attorney, Merchant & Gould
Kevin Rhodes, chief intellectual property counsel, 3M
Julie Daulton, attorney, Merchant & Gould
RecordedNov 29 201191 mins
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Simon Baggs (Incopro), Dan Glover (McCarthy Tetrault), Helen Saunders (Incopro). Moderator Sanjana Kapila (Managing IP)
Millions of locations online are dedicated to infringing intellectual property, including by offering copyright content without any licence and selling counterfeit products. It doesn’t stop there. Infringers will fake accounts to harvest data, run operations to trap people into paying for services that they never receive and give access to products that are illegal and often dangerous.
All responsible Internet operators can play their part in stopping this proliferation of unlawful activity online. Hosts of websites act to take down an illegal website when notified. Social media platforms remove harmful posts when notified.
But search engines will do very little, if anything. Indexing the world’s information has gone too far.
So, what can be done to redress the balance?
Join us as we analyse:
• What is happening online, with practical case study examples on issues affecting the pharma, sports, consumer product, motoring and electrical sectors
• The case law that shows how search engines can be required to do more
• What next steps brands can take to get more cooperation from search engines
Managing IP: Ed Conlon; Olivares: Alejandro Luna F., Gustavo Alcocer, José Miguel Lecumberri, Ingrid Ortiz
Join Olivares and Managing IP for a complimentary webinar on May 14th at 4pm GMT/11am EST as we review the interplay between Cannabis and IP in Mexico.
Topics to be discussed include:
• Regulation of the use of Cannabis in Mexico.
• Current legal framework.
• Intellectual Property & Cannabis.
• International trade law issues.
• Cannabis business in Mexico from the corporate perspective.
• Steps and predicted developments on the legal framework of Cannabis in Mexico.
Join Gowling WLG and Managing IP for a complimentary webinar on February 12 at 4pm GMT/11am EST as we review the challenges posed by the future development of connected cars and autonomous vehicles. Guest speakers Matt Hervey and James Nurton will discuss strategies for innovative and disruptive technology trends. Topics to be discussed include:
• Challenges to the automotive industry: scale of investment needed, new entrants, competition for AI skills
• Patentability of AI in automotive applications
• Alternatives to patenting including the importance of trade secrets, copyright, designs and branding
• Is data properly recognised in IP?
• SEPs and connected vehicles and the potential for standards for AVs
• Growth of litigation in the automotive sector and licensing models
• IP for mobility as a service
Julie Smith, Pressurevalve; Michael Loney, Managing IP (moderator)
Coaching is now a key component of many development packages, but do we really understand what it is and how to use it to our advantage?
In this practical session we’ll explore the following questions:
•What is coaching and what isn’t coaching?
•What type of challenges and goals can coaching help with?
•What happens in the coaching process?
•Are you ‘coachable’?
•How do you find a coach and assess whether they are the right fit for you?
Julie Smith is Director and Coach at Pressurevalve Ltd. As well as being a qualified executive coach, she’s also an experienced leader with 15+ years in management positions. Ten of these were in senior posts, including heading national operations and an interim CEO post. This means she understands the complexities, challenges and rewards of leadership. Key success factors in her coaching include helping people develop: skills in viewing situations from different perspectives, self-awareness, decision-making, confidence, self-belief, self-coaching and resilience. As well as coaching, Julie: designs and facilitates sessions for leadership programmes in London and New York, runs network groups for leaders and is Chair of the Global Taskforce of the American Express Leadership Academy, Alumni Network. If you’d like more information on Julie’s coaching services, plus self-coaching resources, visit: https://www.pressurevalvecoaching.com/free-stuff
Justin Simpson, RWS, founder of inovia; Xia Zheng, founder, president of AFD China Intellectual Property
The data trends do not lie: China will soon become the top filer of IP in the world, both home and abroad. What does this mean for your business? Join RWS and Managing IP for our webinar China IP Trends: the shift in patent filing as we take a look at the data and give you tips to stay ahead of your competitors. Guest speakers Justin Simpson, RWS, founder of inovia and Xia Zheng, founder, president of AFD China Intellectual Property, will review trends from WIPO and discuss important strategies for filing in China, including some of the advantages of their system and common mistakes even experienced filers fall victim to.
•Keys to Success: Understanding the Patent System in China
•National Filing Numbers in China: Looking at the Data
James Nurton (Managing IP), Robert Poolman (Minesoft) Costas Stephanides (RWS inovia) & Andy Cloughley (Miller Sturt Kenyon)
Join RWS inovia, Minesoft & Managing IP Magazine for a complimentary webinar on March 30, 2017 at 3pm GMT/ 10am EST, as we review challenges and solutions associated with patent searching in China, Taiwan, Japan and South Korea. The webinar will also discuss filing trends in Asia compared to strategies in the West.
Michael McGraw – partner at Fitzpatrick; Zachary Garrett – associate at Fitzpatrick; Michael Loney – Americas editor at MIP
On June 13, 2016, the United States Supreme Court decided that the two-part Seagate test being used to decide whether or not an infringer is subject to enhanced damages was inconsistent with the statutory authority (35 U.S.C. §284) relied on for those claims. How has that decision impacted the District and Federal Circuit Court rulings?
Join Fitzpatrick and Managing IP for a complimentary webinar as we discuss Halo and the impact it has had on claims made under §284 in the district courts since June.
The webinar will be moderated by Michael Loney, Americas editor at Managing IP, and will feature Michael McGraw and Zachary Garrett, attorneys from Fitzpatrick, as they discuss the following topics:
- The end of Seagate and the Federal Circuit’s two-part test
- Halo and the current standard for enhanced damages
- Impact on the District Court cases following Halo
- Impact on the Federal Circuit cases following Halo
R. Mark Halligan; Mark Krotoski; Linda Stevens; Peter Toren
The Defend Trade Secrets Act of 2016 provides the first federal civil cause of action for trade secrets misappropriation. Join us for a discussion of the cases filed under the new statute and an exploration of the emerging legal and strategic issues facing DTSA litigants.
Topics to be addressed by the panel include the identification and management of trade secret assets to avoid their misappropriation; the strategic considerations for referring a trade secrets case to the criminal authorities after a breach has occurred; the primary differences between litigating trade secrets claims under state and federal law; and a review of the first wave of cases being filed under the new federal statute.
Join RWS inovia and Managing IP Magazine for a complimentary webinar as we discuss Brexit and implications for the Unitary Patent (UP), the Unitary Patent Court (UPC) and other important patent related issues.
The UP was established with the intent of providing a single European patent covering 26 nations. With the recent vote for Brexit, there is uncertainty as to when and how the UP will come into force. If it does, it may not include the UK, one of the largest economies in Europe.
How will this affect your patent portfolio? Join us for the discussion!
The webinar will be moderated by James Nurton, managing editor, Managing IP and will feature Reinhard Ottway, CEO of RWS Group, Gary Smith, former Director of the PCT at WIPO, and Justin Simpson, Founder of inovia as they discuss the following topics:
Following Brexit what are the implications for the UK, Europe, and beyond?
How will this affect your filing and enforcement strategies?
How will this impact the cost of receiving patent protection?
R. Mark Halligan, FisherBroyles, Mark L. Krotoski, Morgan, Lewis & Bockius, Linda K. Stevens, Schiff Hardin, Peter J. Toren,
An in-depth discussion and update on the federal Defend Trade Secrets Act of 2016 that became effective on May 11, 2016 including a review of the key provisions of the DTSA and the nexus to the Uniform Trade Secrets Act (UTSA) and the Economic Espionage Act of 1996 (EEA).
This webinar will include the following topics:
•History of the DTSA
•Analysis of the Uniform Trade Secrets Act and the Economic Espionage Act (EEA) Interface With the DTSA
•Ex Parte Seizure Provisions of the DTSA
•Extraterritorial Jurisdiction and RICO Predicate Acts
•Litigation Strategies: Plaintiff’s Perspective
•Litigation Strategies: Defendants’ Perspective
•Immunity and Whistleblower Provisions
•Interface With Criminal Violations of the EEA
R. Mark Halligan, FisherBroyles
Mark L. Krotoski, Morgan, Lewis & Bockius
Linda K. Stevens, Schiff Hardin
Peter J. Toren, Weisbrod, Matteis & Copley
Steve Pollinger, Courtland Reichman, Craig Tolliver - McKool Smith; Vinit Nijhawan, ex-Managing Director, Boston University
Patent litigation and trials present unique challenges and opportunities for universities and other academic institutions. The panel will discuss these unique circumstances in depth, including national data on university patent litigation, effective university trial themes, PTAB validity challenges, university standing in patent infringement litigation, the assignment versus license of patent rights, and the enforcement of running royalty provisions. In addition, the panel will give an overview of successful enforcement actions brought by prominent academic institutions in federal court and the ITC, and provide the trial lawyer's perspective regarding what made these actions successful.
Justin Oliver and Jonathan Berschadsky - Fitzpatrick, Cella, Harper & Scinto; Michael Loney - Managing IP
A discussion of an insightful statistical analysis of IPR and CBM trials at the PTAB. The analysis avoids pitfalls that obscure true picture of PTAB proceedings. More importantly, the discussion will address how the statistics should shape your PTAB trial strategies.
This webinar will cover topics including:
• A Dive Into Key PTAB statistics
• Overall success rates, on a claim by claim basis
• Comparisons of success rates for statutory grounds
• Trends in institution rates
• Comparisons to district court success rates
• Differences in technology areas
• The likely reasons behind the numbers
• A glimpse into the future
Barry Brager, Managing Partner, Perception Partners; Michael Loney, Americas Editor, Managing IP
The presentation is about a magic eight (ball). Not quite the answer machine you knew as a kid, but similar.
Today your clients expect outside counsel to manufacture answers on demand. Answers about extrinsic risks, expressed in terms of what client stakeholders are doing in legal, technology and business terms. And they may want you to bring the answers to the table before they commit to the firm. You can't just shake the old 8ball for answers but you also can't cost-effectively predict problems before they arise. Or can you?
Spend 45 minutes with Anaqua to hear from World Leading IP Strategist Barry Brager as he discusses 8 factors of insight you can bring to the table in your client development - far in advance of your next client win.
Barry is a Certified Licensing Professional that brings a unique combination of expertise in entrepreneurship, analytics and marketing to the firm’s diverse teams, tools and techniques. In his role, Barry helps clients fully leverage innovation and IP strategy with a range of Expert Services from IP creation to IP monetization that have supported decisions related to billions in IP transactions.
Simon Brown, Kevin Curran, Charles Macedo, Jenny Pienaar, James Nurton
Broadcasting live from the MIP Africa Roadshow taking place on April 6 in New York, this 60 minute webinar will discuss the vastly different approaches needed to effectively protect your IP rights in Africa.
•The last frontier: How African laws and systems are evolving in an ever-changing world
• Adopting strategies for protecting and enforcing IP rights in Africa – unique challenges
• Navigating vastly different approaches across territories in order to effectively protect IP rights
• Gaining traction from the significant economic improvements that have occurred in many
Presenters: Simon Brown, partner and chair of trade marks department, Adams & Adams; Kevin Curran, global IP counsel, Ascensia Diabetes Care; Charles Macedo, partner, Amster Rothstein & Ebenstein; Jenny Pienaar, partner - trade mark litigation, Adams & Adams; James Nurton, managing editor, Managing Intellectual Property.
Clare Wardle, Kingfisher Plc; Charlotte May QC, 8 New Square; Sara Ashby, Redd Solicitors; Anna Carboni, Redd Solicitors
Managing IP, in association with the Managing IP Women in IP Global Network, invites you to join a free web seminar focusing on leadership in the IP professions.
This webinar will cover:
•Attributes that make a good leader
•Formal leadership schemes
•Preparing for a leadership role
•How to engage mentors to aid you in your journey as a leader
•Tracking your progress
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.
In this webinar Alyssa Harvey Dawson, Vice President of the Global IP and Licensing team at Harman, will share how Harman has leveraged technology and metrics to focus its IP strategy, optimizing its processes to support smarter, quicker decisions.
Steve Preston, Anaqua’s Senior Vice President of Marketing, will join to discuss how other organizations are benchmarking their processes, and quickening their pace of innovation by leveraging technology.
Robert A. Surrette, President, McAndrews, Held & Malloy; Mary Elizabeth Mauro, Intellectual Property Counsel, Stryker Corp
Managing IP’s upcoming webinar ‘Effective obviousness arguments in district court and PTAB’, held in association with McAndrews, Held & Malloy, will take place on November 4 at 5:00pm London time (12pm Eastern/11am Central/9am Pacific).
In this webinar speakers will discuss:
•Obviousness: the evolving legal standard and its policy rationale
•What PTAB/district data tells us (does not tell us) about trends in obviousness holdings
•Patent holder tactics to combat obviousness during prosecution and after
•Strategies for challenging and defending a patent with no validity presumption and a broadest reasonable interpretation
•Best practices for petitioners at the PTAB and defendants in litigation
•Practical tips for deploying and combating the objective indicia of non-obviousness
•Robert A. Surrette, President, McAndrews, Held & Malloy
•Mary Elizabeth Mauro, Intellectual Property Counsel, Stryker Corporation
•Michael Loney, Americas editor, Managing IP (moderator)
James Nurton, Jakob Schnaidt, Kingsley Egbuonu, Phil Cox
Join our researchers and special guests to find out about the research process for the 2016 edition of IP Stars. They will explain the methodology and timing and will answer questions about submitting information and taking part in interviews
Supplementary protection is vital for patent owners in the pharmaceutical and related industries, but Europe’s SPC regime has thrown up many challenging questions. Specialists from IP law firm Marks & Clerk and from industry will discuss the latest cases and the issues addressed in this one-hour webinar