Philip Brooks' Patent Infringement Updates

Evaluating Patent Investments

The Intellectual Property Prospector and the Beard Group Law and Business Publishers are hosting an audio briefing for identifying and evaluating patent investments on May 15, 2008.

David S. Ruder, Managing Director of Terrier IP Investments LLC and instructor for this briefing, will show you:

    * How patent assets are incorporated into investment strategies, including:
       - Equity investing (fundamental and event)
       - Opportunistic arbitrage (licensing and litigation)
       - Securitization deals
    * Current approaches to patent analytics
    * Today’s top trends and challenges in patent licensing and litigation
    * Investments in patent litigation
    * Impact of recent Supreme Court rulings and potential patent reforms
    * Insights for patent-rich companies seeking capital

David S. Ruder is Managing Director of Terrier IP Investments LLC, an investment advisory firm focused on intellectual property. His expertise is in building businesses based on intellectual property assets. David’s multi-disciplinary background includes experience as an intellectual property lawyer at Kirkland and Ellis, an investment banker with Dean Witter Reynolds, and one of the original team members of Ocean Tomo's mergers and acquisitions practice.

David is the author of the new book, “Strategies for Investing in Intellectual Property” published by the Beard Group and available as part of the special discounted Audio Conference/Book Learning Package. The book has been lauded as “an essential tool for understanding the range of IP investment strategies and how companies can unlock value and profit from them.”

Learn more and register here.

The Increasing Role of Antitrust Principles in Defining Patent Rights

The Antitrust, Pharmaceutical, and Standards Committees of the Intellectual Property Owners Association is hosting the above titled conference on June 9, 2008 in Washington, DC at the Ronald Regan Building and International Trade Center.

This conference will examine the role of competition law by the courts and antitrust enforcement agencies in defining patent rights. Panels will discuss a variety of industries and topics dealing with this ever-challenging intersection of patent and antitrust law.

Licensing IP in the Current Patent Litigation Environment will address the topic of licensing patents in light of the Supreme Court’s decision in MedImmune v. Genentech affecting declaratory relief jurisdiction and in Quanta v. LG Electronics addressing restrictive licensing practices.

Antitrust Implications of Standards Organization IP Policies will address principles of competition as they are applied to the standard setting activities. Such forums have been recognized as simultaneously having both procompetitive and anticompetitive potential, making differentiating between the two difficult – a situation only intensified by the increasing prevalence of IP rights that are incorporated into a standard. The panel will discuss the Federal Trade Commission’s activities in this arena, including the N-Data Solutions and Rambus cases.

Antitrust Liability in Reverse Payments Cases and Lifecycle Management in the Pharmaceutical Industry will focus on recent developments in the pharmaceutical industry and in particular the treatment of “reverse payments” under Hatch-Waxman life-cycle management and orange book listing strategies.

Inequitable Conduct, Walker Process and Handgards Litigation will address the status of inequitable conduct and fraud at the U.S. Patent and Trademark Office and related issues that arise later in a large number of patent infringement cases. Topics will include a review of recent case law; differences between fraudulent procurement in Walker Process and simple inequitable conduct claims following the Federal Circuit’s Dippin’ Dots decision; evolving perspectives on the Noerr-Pennington doctrine; and the problems of market definition and market power in antitrust counterclaims.

More information and registration are available here.

U.S. Patent Commissioner Speaks: Current Developments in Patents

Matthew J. Prinn, Business Development Manager for K&L Gates, extends an invitation to all subscribers and readers of Philip Brooks' Patent Infringement Updates to participate in a May 13, 2008 Webinar.

Luncheon Speaker: John J. Doll, U.S. Commissioner for Patents

U.S. patent law and practice is in its most dynamic period in recent memory.  The landscape of patent laws and regulations is being modified by the Courts, Congress and the USPTO. Recent changes in case law, the Patent Reform Act of 2007, and proposed rules changes combine to make this a unique and challenging time for patent stakeholders.

Hear the U.S. Commissioner for Patents, John Doll, comment on current developments in patents, most especially those occurring at the U. S. Patent and Trademark Office, and participate in questions and answers.

Moderator: Stephen C. Glazier, K&L Gates, Washington, D.C. office

Registration is complimentary; however, virtual seating is limited, so please register as soon as possible using this link.

AAAU Reference Center

The American Arbitration Association has developed guides, Frequently Asked Questions (FAQ) documents, and reports to help enhance users' knowledge of alternative dispute resolution in general, and about its application in particular areas or industries.

The suitability of arbitration as a prompt and effective means of resolving Intellectual Property (IP) disputes has been well recognized in recent years, and the AAA provides useful information to help raise clients' awareness and address questions.  The following is a list of these IP-related publications:

• ALTERNATIVE DISPUTE RESOLUTION FOR COPYRIGHT AND TRADEMARK MATTERS
• INTELLECTUAL PROPERTY WHITE PAPER
• RESOLVING INTELLECTUAL PROPERTY DISPUTES OUT OF COURT
• Patent Litigation: A Radically Changed Environment for Licensors and Licensees

Access the publications here (registration required).

Markman Hearings and Claim Construction in Patent Litigation 2008

The Practising Law Institute (PLI) is hosting the above titled conference in New York City on July 9, 2008.  The conference is also available via live webcast.  The conference is chaired by Thomas L. Creel of the Law Office of Thomas L. Creel P.C..

Companies and their patent lawyers anxious to resolve the ever-increasing number of costly patent disputes must deal with the 1994 Supreme Court case Markman v. Westview Instruments, which was supposed to add speed and predictability to patent cases. In Markman, the high court held that “judges, not jurors, are the better suited to find the acquired meaning of patent terms.” After Markman, trial court judges started holding separate proceedings away from the jury - so called Markman hearings - to determine the scope of a patent’s claims. Thus, Markman hearings play a key and crucial role in the outcome of patent litigation and also in the drafting and prosecution of patent applications. Because there is no intermediate appeal, Markman has added a whole new level of lawyering, cost, delay and, some say, uncertainty to patent litigation.

What You Will Learn

• Overview of Markman and its progeny; the promises and the realities of Markman in practice
• Claim construction hearing procedure, strategies and tactics
• New! How to prepare and prosecute patent applications to obtain appropriate claim construction
• Discovery, timing, alternatives and challenges in multi-patent and multi-party cases
• A demonstration of an actual hearing
• Evidentiary considerations and the use of demonstratives and other extrinsic evidence
• Use of experts, inventors and masters
• Claim construction from an appellate perspective
• After the Markman hearing - effect on further trial proceedings
• Special Feature! How judges from around the nation view Markman hearings and their suggestions for effective advocacy

More information and registration are available here.

The Strategic Value of Patent Claim Construction

This IncreMental Advantage seminar will cover all of the pertinent issues regarding claim construction and interpretation:

• The Role of Claim Construction in Patent Preparation

• A Review of the Strategic Utility of Claims

• Evolution of Claim Construction

• A Review of the Impact of Current Legislation and Rulings on Claim Construction and Interpretation

• A Discussion of Claims Analysis as a Valuation Metric

The Lead Presenter is Paul B. Hunt, a partner in the Indianapolis office of Barnes & Thornburg LLP. He is the administrator of the firm’s Indianapolis office Intellectual Property Department.

The course will be held in three locations this summer:

Chicago, IL- June 23, 2008

San Francisco, CA- July 14, 2008

Washington, DC- August 5, 2008

More details and registration are available here.

IP Litigation at the ITC: Recent Developments and Best Practices

Managing IP will host a free web seminar, in association with Finnegan Henderson, covering recent developments and enforcement at the ITC on Wednesday March 26 at 12 noon EST.

The US International Trade Commission (ITC) is playing an increasingly prominent role in patent enforcement in the US - for both American and overseas companies.

With its unique procedures and remedies, and increasingly IP-experienced Commissioners, the ITC is becoming a vital consideration in many enforcement strategies - especially in industries such as telecoms and semiconductors where fast and effective relief against infringement is required.

In this free Managing IP web seminar, a panel of IP practitioners with experience of acting before the ITC will discuss how it can be of use to IP owners and provide strategic advice on handling disputes there. They will also discuss recent developments and cases.

The event will also include an interactive Q&A session between participants and our panel.

Current List of Participants

• James Nurton, Editor, Managing IP
• Hildy Bowbeer, Assistant Chief Intellectual Property Counsel, 3M Innovative Properties Company
• Thomas L. Jarvis, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner
• Smith R. Brittingham, Finnegan, Henderson, Farabow, Garrett & Dunner

More details and registration are available here.

Nanotechnology Patents and Copyrights: Strategies for Securing and Protecting IP Rights

Strafford Publications is hosting this teleconference on April 15, 2008.

Nanotechnology, one of the most dynamic emerging technologies, presents novel and complex problems for the patenting process. The unprecedented patent "land grab" taking place in the nanotechnology area will no doubt lead to problems down the road.

Uncertainty as to scope of nanotechnology patents leaves researchers, developers, investors and others confused over IP rights. Such uncertainty will likely lead to patent enforcement challenges and result in litigation. What can patent owners and their counsel do now to protect these IP rights?

The panel will review these and other key questions:

• How can IP owners enforce nanotechnology copyrights without litigation?
• What are the unique considerations regarding who holds the prior art with nanotechnology?
• What key steps should IP owners take to protect their rights in nanotechnology?

More information and registration details are available here.

WRG Webinar on Bankruptcy and Intellectual Property

World Research Group is hosting a webinar titled, "Bankruptcy and Intellectual Property: Protecting Your Rights in Uncertain Times" on March 28, 2008.  Robert Eisenbach (who also writes In the Red®: The Business Bankruptcy Blog) and Richard Kanowitz of Cooley Godward Kronish LLP will lead the webinar.

Overview

Intellectual Property has become a vital corporate asset. Protecting these assets in a bankruptcy is crucial to both Licensors and Licensees. When a Licensee files bankruptcy, a Licensor frequently wants to prevent its licenses from being transferred to possible competitors or other third parties, while the Licensee needs to preserve IP licenses as a means of emerging stronger from bankruptcy and boosting its prospective acquisition value. A bankruptcy filing by a Licensor raises other issues, including to what extent Licensees may retain their license rights.

Agenda

The discussion will focus on:

• Bankruptcy’s effect on patent, copyright and trademark licenses;
• The latest court decisions impacting bankruptcy and IP rights ;
• Section 365(n) and its effect on foreign rights; and
• Protecting your Rights -- Strategies for both Licensors and Licensees.

WRG is extending a 20% discount off the $299 list price to readers of Philip Brooks' Patent Infringement Updates (reference the following discount code when registering: CQR334).  More information and registration details are available here.

Patenting Business Methods for Internet-Based Commerce

World Research Group is hosting a seminar titled, "Patenting Business Methods for Internet-Based Commerce" on February 26-27, 2008 in New York City.  Some of the activities you will learn about during the conference include:

• Effectively manage and respond to troll activity
• Assess the likelihood of receiving an injunction in a post eBay world
• Develop a comprehensive portfolio and defensive patent strategy to mitigate the risk of third-party infringement
• Examine the current developments in patent law as it impacts Internet-based businesses
• Investigate and respond to patent assertion letters post Seagate
• Create organizational sensitivity to intellectual property risk and opportunities
• Structure your legal and business strategies in correspondence with evolving technology
• Evaluate the merits of licensing your business methods patents for Internet-based commerce
• Manage patents in collaborations and joint ventures
• Effectively enforce Internet-based patents in international territory
• Respond to the effect of KSR v. Teleflex on obtaining and enforcing business method patents for the Internet

More details and registration are available here.