Overview

UT Law's Advanced Patent Law Institute in Austin covers the latest developments and impacts of key cases in patent law, and features a sophisticated array of presentations and discussions on prosecution and litigation topics, including:

  • An in-depth look at post-grant proceedings, including current trends, litigation strategies, and “lessons learned” in post-grant patent trials
  • Presentations from nationally-recognized academics—Mark A. Lemley, Stanford Law School; Dennis Crouch, University of Missouri School of Law; John M. Golden, The University of Texas School of Law; and David Hricik, Mercer University School of Law
  • Learn the impact of key patentable subject matter cases in both software and life sciences
  • Recent developments in claims construction, including the Supreme Court’s review of the appeal standard Teva Pharmaceuticals v. Sandoz
  • Insight from sitting District Court Judges Rodney J. Gilstrap and James L. Robart, as well as former Chief Judge of the Federal Circuit, Randall Rader, on the current landscape for damages and remedies and their experiences hearing patent cases
  • A discussion of Octane Fitness and Highmark and the impact on fee shifting under Section 285
  • An update on patent troll litigation, including proposed legislation, rule changes, and expected developments
Don’t miss this nationally-recognized faculty with some of the nation’s leading patent prosecution and litigation practitioners, senior IP counsel of major corporations, Judges from the Federal Circuit, U.S. District Courts and USPTO, and the top academics in the field.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Nov. 6, 2014
    Presiding Officer:
    Michael P. Adams, Jackson Walker L.L.P. - Austin, TX
  • 7:30 am
    Austin Only
    Registration Opens
    Includes continental breakfast.

  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    1.00 hr
    Recent Developments in Claims Construction
    It is a hot year for claim construction issues, at the Federal Circuit, the U.S. District Courts—and thanks to the rise of IPR/CBMR post-grant proceedings—at the PTAB as well. Hanging over all is the Supreme Court's review of the appeal standard on claim construction in Teva Pharmaceuticals v. Sandoz. "To defer or not to defer, that is the question” and, if so, to what will deference be owed? See where we are now and where we’ll likely be at year-end. Fasten your seat belts, it’s going to be a bumpy ride!

    Kenneth R. Adamo, Kirkland & Ellis LLP - Chicago, IL

  • 9:30 am
    0.50 hr
    Broadest Reasonable Interpretation
    The broadest reasonable interpretation (BRI), once only of interest to patent prosecutors, has now invaded the world of patent litigators in proceedings before the PTAB. Find out just how broadly examiners and PTAB judges may be construing your claims. 

    Mark E. Scott, Conley Rose, PC - Austin, TX

  • 10:00 am
    Break

  • 10:15 am
    0.50 hr
    The Evolving Law on Domestic Industry in the ITC
    The contours of the domestic industry requirement for Section 337 investigations continues to develop. Explore recent decisions regarding the economic and technical aspects of this requirement in order to understand what is necessary to establish or challenge the existence of a domestic industry before the ITC.

    Lynn I. Levine, Morrison & Foerster LLP - Washington, DC

  • 10:45 am
    0.50 hr
    ITC Tactics: Trips and Traps in the Rules and Procedures
    A review of recent decisions and insights into how best to approach—and not run afoul of—the Commission Rules and ALJ ground rules.

    Benjamin Levi, McKool Smith - Washington, DC

  • 11:15 am
    0.50 hr
    Recent Divided Infringement Developments
    The issue of divided infringement continues to arise in many patent infringement cases and recent rulings by the Supreme Court and the Federal Circuit are important both for what issues they resolve and what issues they leave open. 

    Ronald J. Pabis, Greenberg Traurig, LLP - Washington, DC

  • 11:45 am
    Pick Up Lunch
    Included in registration.

  • Thursday Afternoon, Nov. 6, 2014
    Presiding Officer:
    David W. O'Brien, Haynes and Boone, LLP - Austin, TX
  • LUNCHEON PRESENTATION

  • Austin Only
    Thank You to Our Luncheon Sponsor
    Greenberg Traurig, LLP

  • 12:05 pm
    0.75 hr
    Perspectives on the Supreme Court
    The Supreme Court continues to take interest in patent law. What is this Court, and what are its members up to?

    John M. Golden, The University of Texas School of Law - Austin, TX

  • 12:50 pm
    Break

  • 1:05 pm
    0.50 hr
    Post-Grant Proceedings: Outcomes and Trends
    It has been two years since the first post-grant proceeding was filed. Find out where we are and the likely direction for these proceedings.

    Teresa Stanek Rea, Crowell & Moring, LLP - Washington, DC

  • 1:35 pm
    0.50 hr
    Litigation Strategies: PTAB vs. District Court
    A look at the interface between the USPTO and the courts, including stays, claim construction rules, impact of one proceeding on the other, discovery, and timing and race to finality.

    Robert Greene Sterne, Sterne, Kessler, Goldstein & Fox P.L.L.C. - Washington, DC
    Donald R. Banowit, Sterne, Kessler, Goldstein & Fox P.L.L.C. - Washington, DC

  • 2:05 pm
    0.75 hr
    Post-Grant Patent Trials "Lessons Learned" Part I: Petition & Pre-Trial
    Getting your post-grant patent trial instituted, or defending against institution, requires navigating an intricate web of statutory requirements as well as PTAB rules and practices. Review the nut and bolts of drafting a grantable petition, as well as considerations for patent owners in challenging a petition in the pre-trial stage. Redundancy, applicable statutory bars, real party in interest/privity issues, joinder, use of expert declarations and other key factors and strategies relevant to the petition stage for IPR or CBM review are discussed.

    Moderator:
    Peter J. Ayers, Lee & Hayes PLLC - Austin, TX
    Panelists:
    David W. O'Brien, Haynes and Boone, LLP - Austin, TX
    Michael Rosato, Wilson Sonsini Goodrich & Rosati - Seattle, WA

  • 2:50 pm
    Break

  • 3:00 pm
    0.75 hr
    Post-Grant Patent Trials "Lessons Learned" Part II: Post Institution & Hearing
    A PTAB trial begins with the institution decision and follows with unique motion practice, discovery, briefing, and oral advocacy. Understand PTAB trial mechanics as seen from the perspectives of judges, petitioners, and patent owners, and explore the institution process, developing the evidentiary record, all phases of the trial briefing, and the oral hearing. Plus, hear experiences from real cases on what works most effectively, mistakes to avoid, and how to best position a case for appeal to the Federal Circuit.

    Moderator:
    David L. McCombs, Haynes and Boone, LLP - Dallas, TX
    Panelists:
    Michael L. Kiklis, Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria, VA
    W. Karl Renner, Fish & Richardson P.C. - Washington, DC
    Hon. Stacey G. White, U.S. Patent and Trademark Office, Patent Trial and Appeal Board - Dallas, TX

  • 3:45 pm
    0.75 hr
    What's New in Damages and Remedies
    A discussion of the current landscape, including the impact of recent decisions providing guidance on acceptable patent damages methodology.

    Moderator:
    Alan D. Albright, Sutherland Asbill & Brennan LLP - Austin, TX
    Panelists:
    Hon. J. Rodney Gilstrap, U.S. District Court, Eastern District of Texas - Marshall, TX
    Shirley Webster, Ocean Tomo, LLC - Houston, TX

  • 4:30 pm
    1.00 hr
    0.50 hr ethics
    Judicial Panel
    Distinguished judges from the Federal Circuit and District Courts discuss their experiences hearing and trying patent cases.

    Moderator:
    Hon. David J. Folsom, Jackson Walker L.L.P. - Texarkana, TX
    Panelists:
    Hon. J. Rodney Gilstrap, U.S. District Court, Eastern District of Texas - Marshall, TX
    Hon. Randall R. Rader, Former Chief Judge, U.S. Court of Appeals for the Federal Circuit - Washington, DC
    Hon. James L. Robart, U.S. District Court, Western District of Washington - Seattle, WA

  • 5:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Nov. 7, 2014
    Presiding Officer:
    Brent K. Bersin, Grant Thornton LLP - Houston, TX
  • 7:30 am
    Austin Only
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.75 hr
    Patentable Subject Matter: Software and Business Methods
    The Supreme Court decision in Alice v. CLS Bank has significant implications for both litigators and prosecutors in all areas of technology. Section 101, it seems, is here to stay. Learn more on what that means in practice.

    Mark A. Lemley, Stanford Law School and Durie Tangri LLP - Stanford and San Francisco, CA

  • 9:15 am
    0.75 hr
    Patent Drafting in the Era of Nautilus
    A discussion of crafting claims and supporting disclosure to meet the more complex standards of definiteness under Nautilus, the “all elements” rule for a single direct infringer under Limelight and the critical post-grant challenges to claiming mistakes under the America Invents Act.

    Harold C. Wegner, Foley & Lardner - Washington, DC

  • 10:00 am
    Break

  • 10:15 am
    0.92 hr
    Troll Litigation Update
    The President, Congress and several industry sectors have demanded reforms against abusive patent litigation. Much of the criticism is focused on so-called trolls or non-practicing entities. Review the status of initiatives taken to remedy perceived abuses in patent litigation, including proposed legislation, USPTO and Federal rule changes, as well as expected and possible changes through court decisions.

    Darryl J. Adams, Baker Botts - Austin, TX
    William L. LaFuze, Vinson & Elkins LLP - Houston, TX
    Byron E. Springer Jr., Intellectual Ventures - Bellevue, WA

  • 11:10 am
    0.83 hr
    Key Issues for In-House Counsel
    Inside patent counsel continues to face challenges around portfolio expenses, invention prioritization, outside counsel management, litigation defense, monetization and other issues. Explore these challenges across many industries and discuss best practices and problems that have been faced.

    Moderator:
    Keith E. Witek, Advanced Micro Devices, Inc. - Austin, TX
    Panelists:
    James J. MacDonald, Juno Therapeutics, Inc. - Seattle, WA
    Eric B. Min, eBay Inc. - Austin, TX
    Mark E. Patrick, Texas Instruments Incorporated - Dallas, TX

  • 12:00 pm
    Pick Up Lunch
    Included in registration.

  • Friday Afternoon, Nov. 7, 2014
    Presiding Officer:
    William D. Wiese, DuBois, Bryant & Campbell, L.L.P. - Austin, TX
  • LUNCHEON PRESENTATION

  • Austin Only
    Thank You to Our Luncheon Sponsor
    Kenyon & Kenyon LLP

  • 12:05 pm
    0.75 hr
    Evidence Based Patent Law: Trends and Statistics, and What They Mean for Your Practice and Your Patent Portfolio
    Patent law has seen dramatic changes over the past decade, both in terms of the legal doctrines and procedures as well as the market players. The result is that old practitioner rules of thumb either no longer apply or are out-dated. Get the newest data from the USPTO, courts, and other sources to highlight new rules of thumb and pitfalls both in patent practice.

    Dennis Crouch, University of Missouri School of Law - Columbia, MO

  • 12:50 pm
    Break

  • 1:05 pm
    0.75 hr ethics
    Ethics, Money and Fee Agreements
    Learn the ethical issues that can arise from alternative fee arrangements, such as flat and capped fees, both in litigation and prosecution. There are thorny issues such as choice of law that come with multi-state federal litigation and divisions of fees among lawyers in different firms. Analyze efforts by lawyers to limit their exposure to risk by providing "outs" in contingent fee cases.
    This session has moved to 2:50 PM Friday

    David Hricik, Mercer University School of Law and Taylor English Duma LLP - Macon and Atlanta, GA

  • 1:50 pm
    0.50 hr
    Life Sciences Update: One Year After Mayo and Prometheus
    A look at the impact of the Myriad and Prometheus decisions, plus an analysis of recent Federal Circuit Court decisions and USPTO practice with regard to life sciences patent eligibility.  

    Ana Christina Ward, Asuragen, Inc. - Austin, TX

  • 2:20 pm
    0.50 hr
    0.25 hr ethics
    Is Your Case Exceptional?
    A discussion of fee shifting under Section 285 after Octane Fitness and Highmark and how they revised the analysis for awarding attorneys’ fees.

    Adrienne E. Dominguez, Thompson & Knight LLP - Dallas, TX

  • 2:50 pm
    0.75 hr ethics
    Using Social Media Ethically
    An exploration of some of the aggressive uses of social media by companies, employees, and attorneys, including the legal and ethical boundaries being recognized by some and ignored by others. Particular attention is given to the Disciplinary Rules of Professional Conduct, the Stored Communications Act, the Computer Fraud and Abuse Act, and the National Labor Relations Act and the limits each impose on the use of social media as a weapon in litigation. The admissibility of social media evidence at trial is also addressed.
    This session has moved to 1:05 PM Friday

    Jason Boulette, Boulette & Golden L.L.P. - Austin, TX

  • 3:35 pm
    Adjourn

Conference Faculty

Kenneth R. Adamo

Kirkland & Ellis LLP
Chicago, IL

Darryl J. Adams

Baker Botts
Austin, TX

Alan D. Albright

Sutherland Asbill & Brennan LLP
Austin, TX

Peter J. Ayers

Lee & Hayes PLLC
Austin, TX

Donald R. Banowit

Sterne, Kessler, Goldstein & Fox P.L.L.C.
Washington, DC

Jason Boulette

Boulette & Golden L.L.P.
Austin, TX

Dennis Crouch

University of Missouri School of Law
Columbia, MO

Adrienne E. Dominguez

Thompson & Knight LLP
Dallas, TX

Hon. David J. Folsom

Jackson Walker L.L.P.
Texarkana, TX

Hon. J. Rodney Gilstrap

U.S. District Court, Eastern District of Texas
Marshall, TX

John M. Golden

The University of Texas School of Law
Austin, TX

David Hricik

Mercer University School of Law and Taylor English Duma LLP
Macon and Atlanta, GA

Michael L. Kiklis

Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.
Alexandria, VA

William L. LaFuze

Vinson & Elkins LLP
Houston, TX

Mark A. Lemley

Stanford Law School and Durie Tangri LLP
Stanford and San Francisco, CA

Benjamin Levi

McKool Smith
Washington, DC

Lynn I. Levine

Morrison & Foerster LLP
Washington, DC

James J. MacDonald

Juno Therapeutics, Inc.
Seattle, WA

David L. McCombs

Haynes and Boone, LLP
Dallas, TX

Eric B. Min

eBay Inc.
Austin, TX

David W. O'Brien

Haynes and Boone, LLP
Austin, TX

Ronald J. Pabis

Greenberg Traurig, LLP
Washington, DC

Mark E. Patrick

Texas Instruments Incorporated
Dallas, TX

Hon. Randall R. Rader

Former Chief Judge, U.S. Court of Appeals for the Federal Circuit
Washington, DC

Teresa Stanek Rea

Crowell & Moring, LLP
Washington, DC

W. Karl Renner

Fish & Richardson P.C.
Washington, DC

Hon. James L. Robart

U.S. District Court, Western District of Washington
Seattle, WA

Michael Rosato

Wilson Sonsini Goodrich & Rosati
Seattle, WA

Mark E. Scott

Conley Rose, PC
Austin, TX

Byron E. Springer Jr.

Intellectual Ventures
Bellevue, WA

Robert Greene Sterne

Sterne, Kessler, Goldstein & Fox P.L.L.C.
Washington, DC

Ana Christina Ward

Asuragen, Inc.
Austin, TX

Shirley Webster

Ocean Tomo, LLC
Houston, TX

Harold C. Wegner

Foley & Lardner
Washington, DC

Hon. Stacey G. White

U.S. Patent and Trademark Office, Patent Trial and Appeal Board
Dallas, TX

Keith E. Witek

Advanced Micro Devices, Inc.
Austin, TX

Planning Committee

Amber Lee Hagy—Co-Chair

Greenberg Traurig, LLP
Austin, TX

David W. O'Brien—Co-Chair

Haynes and Boone, LLP
Austin, TX

Michael P. Adams

Jackson Walker L.L.P.
Austin, TX

Tom Adolph

Adolph Locklar
Houston, TX

Alan D. Albright

Sutherland Asbill & Brennan LLP
Austin, TX

Michael C. Barrett

Cirrus Logic
Austin, TX

Brent K. Bersin

Grant Thornton LLP
Houston, TX

Jane Politz Brandt

Thompson & Knight LLP
Dallas, TX

Christa Brown-Sanford

Baker Botts
Dallas, TX

Edwin S. Flores

Chalker Flores, LLP
Dallas, TX

Hilda C. Galvan

Jones Day
Dallas, TX

Mark Thomas Garrett

Norton Rose Fulbright
Austin, TX

John Garvish

McKool Smith
Austin, TX

John M. Golden

The University of Texas School of Law
Austin, TX

David J. Healey

Fish & Richardson P.C.
Houston, TX

Joanna Jefferson

The University of Texas School of Law
Austin, TX

Robert L. King

Silicon Laboratories
Austin, TX

William L. LaFuze

Vinson & Elkins LLP
Houston, TX

Mark A. Lemley

Stanford Law School and Durie Tangri LLP
Stanford and San Francisco, CA

David L. McCombs

Haynes and Boone, LLP
Dallas, TX

Kevin J. Meek

Baker Botts
Austin, TX

Lance Morman

OverMont Consulting, LLC
Houston

Eric L. Natinsky

Quick Technologies Inc.
Austin, TX

Floyd R. Nation

Winston & Strawn LLP
Houston, TX

James J. Nawrocki

IPFC Corp.
Houston, TX

Steven J. Pollinger

McKool Smith
Austin, TX

Jennie Salazar

The JLSalazar Law Firm, PLLC
Houston, TX

Mark E. Scott

Conley Rose, PC
Austin, TX

José C. Villarreal

Wilson Sonsini Goodrich & Rosati
West Lake Hills, TX

Ana Christina Ward

Asuragen, Inc.
Austin, TX

Shirley Webster

Ocean Tomo, LLC
Houston, TX

William D. Wiese

DuBois, Bryant & Campbell, L.L.P.
Austin, TX

Keith E. Witek

Advanced Micro Devices, Inc.
Austin, TX

Stephanie Wood

Farney Daniels PC
Georgetown, TX

James D. Woods

UHY Advisors, Inc.
Houston, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
MCLE Credit
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.

Key Dates

Austin – Nov 6-7, 2014 – Four Seasons Hotel
Conference Concluded
Live Webcast – Nov 6-7, 2014
Conference Concluded
Buy
Austin
Last day for Individual early registration: Oct 29, 2014

Add $50 for registrations received after this time

Last day for Group 10% (5-9) (5 registrants minimum) early registration: Oct 29, 2014

Add $50 for registrations received after this time

Last day for Group 20% (10+) (10 registrants minimum) early registration: Oct 29, 2014

Add $50 for registrations received after this time

Last day for cancellation (full refund): Oct 31, 2014

$50 processing fee applied after this date

Last day for cancellation: Nov 3, 2014
Live Webcast
Last day for Individual early registration: Nov 7, 2014

Add $0 for registrations received after this time

Last day for cancellation (full refund): Oct 31, 2014

$50 processing fee applied after this date

Last day for cancellation: Nov 3, 2014

Venue

speaker

98 San Jacinto Boulevard
Austin, TX 78701-4082
512.685.8100 (reservations)
Map

Accommodations

$255.00 room rate good through October 6, 2014 (subject to availability).

Reserving your room online?  Please use the following corporate/promo code: UTPAT1029.

Please note: online reservations can only be accepted for conference-related room nights (November 5-7, 2014). Please contact the Four Seasons Hotel Reservations Department directly at 512.685.8100 if you’d like to extend your stay.

Parking Information

$12 Event Daily; $16 Valet Daily; $32.50 Overnight Self-Parking or Valet.

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