2014 All Hands Meeting
November 7th Main Session
Advanced IP Track Agenda

Royalty Damages in Patent Litigation

Vera Elson & Ed Poplawski
Wilson Sonsini Goodrich & Rosati PC

Join us for a damages update on issues that may significantly impact your exposure (or recovery) in high-stakes patent litigation. The panel will provide an update on the current status of the law and practical implications regarding: (i) the changing landscape for pursuing royalty damages; and (ii) key developments on lost profits damages. This will include dramatic changes in conventional royalty assessment, the evolution of alternative ways to determine royalties, and challenges to allowing presentation of royalty methodologies to a jury.

Two Years of the PTAB: Tales from In-House and Outside Counsel

Erika Arner, M. Paul Barker & Aaron Capron/Lisa Buccino/Renny Hwang/Kirupa Pushparaj
Finnegan/SAP/Google Inc./Square, Inc.

In the two years since the first filings of petitions for inter partes review and post-grant review of covered business method patents, practitioners have pioneered through untested procedures, learned myriad lessons, and recalibrated strategies in response to the new realities of patent practice. There is much more to come as the first post-grant review cases enter the process and the Federal Circuit rules on Patent Trial and Appeal Board (PTAB) decisions. This session brings together panels of in-house and outside counsel to share their insights and best practices in this exciting new arena.

Patent Office Litigation By the Numbers: How effective are the new procedures for resolving litigation? And how dangerous are the new procedures to your own patents?

Wayne Stacy/Molly Kocialski
Cooley LLP/Oracle America, Inc.

The America Invents Act implemented new proceedings for reviewing the patentability of issued patents. These new procedures have already profoundly changed patent litigation and patent prosecution. But change does not necessarily correlate with effectiveness. How effective are these procedures in resolving patent litigation? And do they pose a threat to your own patents? Too often these questions are answered based on hyperbole and personal, past experiences with patent litigation. Drawing from a proprietary dataset of over 150,000 data points culled from the Patent Office records, this presentation provides objective answers about the effectiveness of using AIA proceedings to challenge patents and the risks they pose to your own patent portfolio.

Multijurisdictional IP issues

David Barron/C.J. Veverka & David R. Wright
Wragge Lawrence Graham & Co LLP/Maschoff Brennan

Surviving PTAB Trials as a Patent Owner: How to Protect Your IP Portfolio Value Against The PTAB "Death Squads"

Eliot Williams
Baker Botts

The creation of adversarial Trials before the Patent Trial and Appeals Board in the 2011 America Invents Act was in response to numerous complaints over the last decade that the ex parte patent examination process was leading to the issuance of low quality patents, which were impeding innovation and raising litigation costs for industry participants. For this reason, the panels of judges hearing these PTAB Trials have been called "death squads, killing property rights." The PTAB’s Chief Judge has reportedly agreed (in part) with that characterization, saying that the AIA “calls on” the PTAB to be “doing some ‘death squadding.’ ” Accordingly, the existence of the PTAB Trial procedure potentially threatens the value of many sizable patent portfolios. In this session, presenter Eliot Williams, who testified before the House Judiciary Committee in its hearings regarding implementation of the AIA, will analyze strategies that have been successful for patent owners in PTAB trials to-date. Mr. Williams will also discuss strategic procedural options for the Patent Owner to consider -- such as reissue proceedings to impede the PTAB’s jurisdiction, terminal disclaimers to avoid application of the "broadest reasonable interpretation" of disputed claim terms, and other ex parte patent prosecution strategies that may help the patent owner minimize the potential disruption that a PTAB Trial could have on IP portfolio value and patent enforcement programs.


Robert Kramer

APJs and the Evolving Landscape of IPRs, CBMs and PGR

Katherine Kelly Lutton & W. Karl Renner
Fish & Richardson, P.C.

Fish & Richardson Chair of the Post-Grant Practice Karl Renner and Fish & Richardson Silicon Valley Patent Litigator Kathi Lutton will moderate a panel of APJs on the landscape in terms of IPRs, CBMs and PGR. What is the PTO doing to manage these post-grant procedures, what are they seeing and what do the statistics really tell us (or not tell us).

Please Note: Program details are subject to change without notice

Participating Law Firms & Companies