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

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

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?

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
•Civil Remedies
•Interface With Criminal Violations of the EEA

Speakers:

R. Mark Halligan, FisherBroyles
Mark L. Krotoski, Morgan, Lewis & Bockius
Linda K. Stevens, Schiff Hardin
Peter J. Toren, Weisbrod, Matteis & Copley

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.

The IP Stars researchers will provide information on this year's research process, which begins in September, and answer questions from IP practitioners and business development executives

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

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.

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.

Topics include:
•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
African economies

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.

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
•Leadership styles
•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.

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

Confirmed speakers:

•Robert A. Surrette, President, McAndrews, Held & Malloy
•Mary Elizabeth Mauro, Intellectual Property Counsel, Stryker Corporation
•Michael Loney, Americas editor, Managing IP (moderator)

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

Managing IP’s next webinar, run in cooperation with Birch Stewart Kolasch Birch LLP, will take place on May 12 at 4pm (eastern standard time); 1pm (pacific standard time) and will discuss ‘Pitfalls in Post-Grant Trials’.

The popularity of USPTO post-grant patent trials have only increased. Whether the PTAB institutes an inter partes review, a post-grant review, or a post-grant validity review of qualified business method patents, each trial has procedural pitfalls with considerable strategic considerations during the Second Phase of the trial (from the institution decision to the final written decision by the Board). This webinar will explore the most common mistakes the third party petitioner or patent owner during the 2nd Phase, with an explanation of key decisions by the PTAB (including those posted on the USPTO microsite) as well as the Federal Circuit. The focus will be on discovery, the patent owner motion to amend, oral hearing, and estoppel.

Speakers include:
•Michael Loney, Americas editor, Managing IP (moderator)
•Eugene Perez, partner, Birch Stewart Kolasch Birch LLP
•Gerald Murphy, partner, Birch Stewart Kolasch Birch LLP

With post-grant trials becoming increasingly popular, having an in-depths understanding of the pitfalls and challenges is essential for sustaining a strong presence in the market place. 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.

This webinar relates to our April 16 discussion focusing on ‘Pitfalls in the first phase of Post Grant Proceedings’. You can listen to it here: https://www.brighttalk.com/webcast/327/149005

Managing IP’s next webinar, run in cooperation with Birch Stewart Kolasch Birch LLP, will take place on April 16 at 4pm (eastern standard time); 1pm (pacific standard time) and will discuss ‘Pitfalls in Post-Grant Proceedings’.

With the passage of the America Invents Act in 2011, the number of filings for USPTO post-grant patent trials has dramatically increased. Whether it is an inter partes review, a post-grant review, or a post-grant validity review of qualified business method patents, each PTAB trial has procedural pitfalls with considerable strategic considerations, even before the PTAB makes an institution decision (also known as the First Phase of the trial).

This webinar will explore the most common mistakes for the third party petitioner and patent owner made during the 1st Phase, with an explanation of key decisions by the PTAB (including those posted on the USPTO microsite) as well as the Federal Circuit. The focus will be on the real party in interest requirement (including privity), joinder and claim construction (interpretation) using the broadest reasonable interpretation standard.

Speakers include:
•Michael Loney, Americas editor, Managing IP (moderator)
•Eugene Perez, partner, Birch Stewart Kolasch Birch LLP
•Gerald Murphy, partner, Birch Stewart Kolasch Birch LLP

With post-grant proceedings becoming increasingly popular, having an in-depths understanding of the pitfalls and challenges is essential for sustaining a strong presence in the market place. 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.

Also, don’t forget to mark your calendar for May 12, when we will follow up with a second webinar on ‘Pitfalls in Post Grant Trials’.

A lot has been made recently about using big data to gain a competitive edge. Perhaps the most familiar example was made famous in the book and movie Moneyball. The book examined how the budget conscious Oakland A’s manager, Billy Beane, used data to compete with the deep pockets of the New York Yankees and other rich teams. With one of the lowest payrolls in baseball, Beane was able to consistently field a winning team, including a twenty game win streak, the second longest in baseball history.
However, Beane did not create baseball stats. In fact, he used data that teams had been collecting for the previous 75 years. What Beane did was to look at the data in a new way and ask a different set of questions: What stats matter the most to win a game? Which players are the most undervalued?
Some in intellectual property management have begun to look at how data can be used to make their organizations more efficient. This webinar will examine how forward thinking IP organizations can use data to optimize their IP management process. Topics covered will include:
-What questions are important to ask?
-How do organizations go about collecting the data necessary to answer those questions?
-How should organizations use data to optimize their IP process?
Speakers will include:
Mark Bullard, VP Product Management, Lecorpio
Jared Engstrom, Senior Patent Attorney, Red Hat

Managing IP, in association with the Managing IP Women in IP Global Network, invites you to join a free web seminar focusing using social media to get ahead.

Speakers include:
Linda J. Thayer, Partner, Finnegan
Mary Kaczmarek, Business and Professional Development Consultant, Skillful Means Marketing LLC
Katherine McGowan, Trademark/Advertising Counsel, LinkedIn
Christine Kao, Intellectual Property & Identity Policy, Twitter

This webinar will cover topics such as:
• Building your personal brand on social media
• Social networking, blogs and content communities; Twitter, Facebook, YouTube
• LinkedIn – making yourself contactable; showing yourself in the best light
• Using social media to keep in touch with old colleagues and connect with new ones
• Using online platforms effectively – contributing as well as information gathering
• How are your clients using social media?
• Finding the right communities for you
• Using social media to win business
• Legal issues to consider: who owns a company channel? How to ensure you avoid liable

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.

Managing IP’s next webinar, run in cooperation with Lecorpio, will take place on December 11 at 6pm (GMT); 1pm (EST) and will discuss strategies for using patents defensively and offensively.

In a patent-driven industry where being first to file is paramount, companies recognize the power of turning ideas into assets. More and more companies now choose to aggressively grow and diligently monitor their intellectual property (IP) portfolios, viewing them as critical business assets. Patent frontrunners IBM and Samsung have set the bar high by collectively securing more than 12,000 patents in 2013 alone. Moreover, over 75% of Google’s patents have been awarded in the last two years and the number of applications from the search giant as well as other Silicon Valley-based tech companies is skyrocketing.

But as companies race to create more IP, how do innovation leaders ensure that their patent portfolio is aligned to strategic priorities? This webinar will discuss how to manage and create a strategic patent portfolio with two innovation leaders.

Speakers:
•Dana Rao, Vice-President, Intellectual Property & Litigation, Adobe
•Douglas Luftman, Vice President, Innovation Services & Chief Intellectual Property Counsel, NetApp
•Bill Soward, COO, Lecorpio
•James Nurton, managing editor, Managing IP (moderator)

Key topics will include:
•How to align the patent portfolio to business objectives
•Ways to operationalize the patent process
•Automating and systemizing IP
•Managing patents for offensive and defensive strategies
•Quality vs. speed


The webinar is free to attend and will last about one hour. The audience is invited to submit questions throughout the webinar, which will be answered during a moderated Q&A session at the end.