9:00AM-10:00AM

Where To File? Jurisdictional Trends In Patent Litigation

Adam Alper & Michael De Vries/David Djavaherian

Kirkland & Ellis LLP/Broadcom Corporation

Where patent infringement claims are litigated can often dramatically affect the progress, process, and outcomes of patent litigation. Various factors contribute to the popularity of certain venues, while constant changes in the legal landscape have caused subtle and sometimes not-so-subtle shifts in where patentees and accused infringers choose to file suit. This panel examines the latest jurisdictional trends in patent litigation, including the impacts of those trends on the popularity of the ITC and various district courts (including the Eastern District of Texas and Delaware) as venues for resolving patent disputes.

10:30AM-12:00PM

Claim Construction Re-Set

Steven Carlson, Benjamin Elacqua & Thad Kodish/Hoyt Webb

Fish & Richardson, P.C./Legrand North America, Inc.

This discussion will focus on recent developments in the area of claim construction, such as how courts are dealing with claim construction in multi-defendant or consolidated cases, and how the AIA may influence the Markman process. The panel will also touch on recent developments in the law and practice, such as whether the de novo standard will continue to survive, how courts treat plain meaning if there is a competing construction, and the use of expert testimony during a Markman hearing.

1:30PM-2:15PM

Rethinking Patent Portfolios as a Result of AIA - Changes in Strategies

Paul Barker

Finnegan

Just when you thought you had your patenting strategies all figured out, the most drastic changes in patent law in many years arrive. In view of those changes, make sure you are not operating on outdated principles and find ways to take advantage of the new law. This session will address specific areas where companies can maximize potential benefits and avoid pitfalls of the new law.

2:20PM-3:05PM

What Is All the Fuss About Joint Direct Infringement? (The Saga of Akamai/McKesson)

James Elacqua/Brian Love/David Ruschke/Nicky Espinosa

Skadden, Arps, Slate, Meagher & Flom LLP/Santa Clara Law School/Medtronic Cardiovascular/Intuitive Surgical, Inc.

What happens when the steps of a patented method are allegedly performed by multiple entities, but no one entity performs all of the steps? This issue of "joint infringement" (or "divided infringement") is becoming more prevalent in patent cases. Our panel will discuss the recent en banc decisions in the Akamai and McKesson cases, in particular, (1) the effect, if any, of the nature of the relationship between the relevant actors on direct or indirect infringement allegations, and (2) liability for inducing infringement or contributory infringement where separate entities perform separate steps of a patented method.

3:25PM-4:10PM

Risk Management and Intellectual Property Issues

Tom Chen and Gary Edwards/Sandy Godsey/Greg Warder

Haynes and Boone, LLP/eBay Inc./Integrated Device Technology, Inc.

The panel will discuss strategies companies use to augment their patent portfolio for defensive purposes. Topics include how to direct internal development to achieve specific objectives, with representative examples; the nuts and bolts of patent acquisitions, including identification of assets, valuation methodologies, risks, and due diligence considerations; and the evolving use of defensive patent aggregation organizations. Perspectives include those of both established and emerging technology companies in a variety of industries.

4:15PM-5:00PM

Patent Damages Update

Vera Elson & Edward Poplawski

Sidley Austin LLP

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 regarding: (i) the changing landscape for using comparable licenses to determine royalty damages and/or reliance on other evidence to benchmark damages; (ii) determining royalty damages for standards-based patents; and (iii) plaintiffs’ ever more creative attempts to obtain royalties on your world-wide sales and the interplay with extraterritoriality restriction in patent law.