Thursday, October 3, 2013

Fifth Annual Conference on the Role of the Courts in Patent Law and Policy, November 1, 2013

I'll be one of the speakers on patent remedies at this free conference on November 1 in Washington, D.C.  Among the other speakers (on a variety of topics) will be Federal Circuit Judge Kathleen O'Malley, District Judges Robinson and Gilstrap, former USPTO Director David Kappos, and acting USPTO Solicitor Nathan Kelley.  Sponsors are Cisco Systems, Inc., Google Inc., Samsung Electronics Co., Ltd., and Verizon Communications, Inc.

I wonder if the government shutdown will be over by then?

Friday, November 1, 2013   •   8:30 am – 3:45 pm   •   Georgetown University Law Center
120 F Street NW, 12th Floor, Washington, DC 20001
The Fifth Annual Conference on
The Role of the Courts in Patent Law and Policy
Hosted by Georgetown University Law Center and
Berkeley Center for Law & Technology

To register or see the full conference brochure, click here.

8:30 – 9:00 am Continental Breakfast
9:00 – 9:10 am   Welcome   
9:10 – 9:40 am  Opening Remarks: Safeguarding the Judicial Function
The Honorable Kathleen M. O'Malley, Circuit Judge, U.S. Court of Appeals
for the Federal Circuit
9:45 – 11:00 am  Panel 1: More Efficient Patent Litigation
With a median cost per case of over $5 million, patent litigation has been called the "sport of kings." The high cost supports a patent assertion business model that demands settlements based on nuisance value rather than merits, and drains resources from more productive activities. The panel will discuss ideas for increasing the efficiency and reducing the cost of patent litigation, including the use of litigation alternatives such as bringing patent challenges to the PTO under the AIA.

Moderator: Peter S. Menell, Koret Professor of Law, Berkeley Law
  • The Honorable Sue L. Robinson, District Judge,
    U.S. District Court for the District of Delaware
  • The Honorable James Rodney Gilstrap, District Judge,
    U.S. District Court for the Eastern District of Texas
  • Edward Reines, Weil, Gotshal & Manges LLP
  • Tina M. Chappell, Senior Litigation Attorney, Intel
11:00 – 11:15 am  Coffee Break
11:15 am – 12:30 pm  Panel 2: Remedies in Patent Cases
Nine years after the Supreme Court's decision in eBay v. MercExchange, many questions remain about when a court should deny an injunction, especially in cases involving complex products, and what damages remedy is appropriate following a denial. The panel will discuss these and other related remedy issues.

Moderator: Kenneth S. Korea, Vice President & Head
of US IP Center (SV), Samsung

  • Thomas F. Cotter, Briggs and Morgan Professor of Law,
    University of Minnesota Law School
  • Martha K. Gooding, Jones Day
  • Kevin T. Kramer, Deputy General Counsel –
    Intellectual Property, Yahoo!
  • Dr. Gregory K. Leonard, Edgeworth Economics, LLC
12:45 – 2:00 pm   Luncheon: Towards a More Perfect Union — Putting Patent System's Challenges in Context
David J. Kappos, Cravath, Swaine & Moore LLP
2:15 – 3:30 pm   Panel 3: Case Law Year-in-Review
This panel will discuss highlights from the past year, including decisions from the Supreme Court and the Federal Circuit on patentable subject matter in the Myriad and CLS Bank cases; the ITC's domestic industry requirement discussed in InterDigital v. Nokia; and other cases of interest.

Moderator: Dan Lang, Vice President, Intellectual Property,
Cisco Systems, Inc.

  • Mark R. Freeman, Civil Division – Appellate Staff,
    U.S. Department of Justice
  • William F. Lee, WilmerHale
  • John R. Thomas, Professor of Law, Georgetown Law Center
  • Nathan Kelley, Deputy General Counsel for Intellectual Property Law and Acting Solicitor, U.S. Patent and Trademark Office

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