CHECK-IN & CONTINENTAL BREAKFAST

8:45 – 9:00 a.m.

Introduction and Overview
– David J.F. Gross

9:00 – 9:20 a.m.

The Latest on Patent Reform: New Law, Pending Legislation, and More!
Congress, the PTO, and the people who sue the PTO refuse to stand still on the issue of patent reform. In this session, John Dragseth gives you up-to-the-minute updates that are too new even for this brochure. He also discusses various best practices for dealing with the changes, and ways to make the changes a positive thing for your practice.
– John A. Dragseth

9:20 – 10:00 a.m.

Pre-Suit Investigations: Lessons from the Real World
What are some best practices for investigating possible patent infringement and bringing a patent infringement lawsuit? In this session you’ll learn how one of the world’s leading IP companies organizes its infringement investigations.
– Peter L. Olson

10:00 – 10:40 a.m.

The Latest on KSR: Are Courts Granting Accused Infringers More Relief Based on Obviousness?
Last year the Supreme Court clarified the standard for the defense of obviousness in patent cases. This session explores how district courts and the Federal Circuit have applied the Court’s teachings to motions for summary judgment, motions for preliminary injunctions, jury instructions, and post-trial motions. You’ll learn how Erico Int’l Corp. v. Vutec Corp. and other important decisions in this evolving area of law can affect your litigation practice.
– Timothy E. Grimsrud & Deanna J. Reichel

10:40 – 10:55 a.m.

BREAK

10:55 – 11:35 a.m.

The Latest on In Re Seagate: Are Courts Restricting Plaintiffs’ Allegations of Willful Infringement?
Last year the Federal Circuit raised the bar for claims of willful infringement by establishing an "objectively reckless" standard. This session discusses Innogenetics, N.V. v. Abbott Laboratories and other post-Seagate decisions in which courts have applied this important new standard to willfulness claims.
– Thomas J. Leach & Joseph E. Lee

11:35 – 12:15 p.m.

Mock Markman Hearing: Assessing the Impact of Statements Made During Prosecution of a Patent
Every patent case requires the court to construe disputed claim terms. This session presents a mock Markman hearing in which you’ll hear two sides argue over the impact on claim construction of statements made during the prosecution of a patent. At the end of the argument, you’ll use our audience responder system to vote on the proper construction of the disputed terms. See how your vote stacks up against the rest of the audience!
– David J.F. Gross

12:15 – 1:15 p.m.

LUNCH (on your own)

1:15 – 2:15 p.m.

Claim Construction Update: What’s the Latest Trend?
Even after the en banc Phillips case, the Federal Circuit continues to tinker with the rules of claim construction. This session explores the role of extrinsic evidence and the ongoing debate between the "holistic" approach vs. the "proceduralist" approach.
– Professor Timothy R. Holbrook

2:15 – 3:00 p.m.

Be Careful What You Wish For: Will a Broad Claim Construction Doom Your Entire Patent?
In LizardTech v. Earth Resource Mapping and Automotive Techs. v. BMW, the patent-holders sought and won a broad claim construction, only to have their patents invalidated by the Federal Circuit on written description and enablement grounds, respectively. This session discusses the relationship between a broad claim construction and each of these defenses. It also explores the inherent tension between these cases and Phillips and probes the raging dispute within the Federal Circuit regarding the scope and application of these defenses
– Christopher J. Burrell & Ahmed J. Davis

3:00 – 3:15 p.m.

BREAK

3:15 – 4:00 p.m.

Extra-Territorial Jurisdiction: When Does Foreign Activity Trigger Infringement?
As global trade increases, and as corporate revenue comes more and more from activities that can be moved offshore, the ability to extend patent coverage beyond the borders of the U.S. becomes more important. The panel will discuss recent decisions relating to extraterritorial application of patents, including the Federal Circuit’s decisions in NTP v. RIM and Voda v. Cordis, and the Supreme Court’s decision in AT&T v. Microsoft – and ways you can take advantage of such decisions!
– Christian A. Chu & Shawn T. Gordon

4:00 – 4:30 p.m.

It’s a Wrap: Applying the Principles to Your Next Patent Case
You’ll end your day with a question and answer session in which the moderators discuss how to apply the principles from the seminar to your next patent case.
– John A. Dragseth & David J.F. Gross