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Recent Case Law Developments and Practical Implications in Patent Litigation

Contains material from Nov 2018

Recent Case Law Developments and Practical Implications in Patent Litigation
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Session 1: Federal Circuit and SCOTUS Update - A whirlwind summary of the most important developments in Supreme Court and Federal Circuit case law over the last year.
 
Session 2: Recent Developments in Claims Construction - The driver of patent application preparation/prosecution, district court trials, Federal Circuit appeals, and AIA post-grant review proceedings, remains—claim construction. Review 2017-2018 claim construction cases and issues at the Federal Circuit and trial court levels. And examine the PTAB’s procedural and substantive claim construction “rules, practices and etc.," including the PTAB proposal to drop BRI and adopt Phillipsconstruction under all circumstances, and possible rule and practice changes to mandate PTAB consideration of claim constructions from other proceedings.
 
Session 3: Changes to Venue Rules and the Rise of Multi-District Litigation - The U.S. Supreme Court’s ruling in TC Heartland has changed the landscape for patent venue. Explore what constitutes a company’s “regular and established place of business” and the possible impact of this recent case. 
 
Session 4: Judicial Panel - Hear distinguished judges from the District Court discuss their experiences hearing and trying patent cases.

Includes: Video Audio Paper Slides


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1. Federal Circuit and SCOTUS Update (Nov 2018)

Mark A. Lemley

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(mp4)
61 mins
(mp3)
60 mins
(pdf)
99 pgs
Session 1 —61 mins
Federal Circuit and SCOTUS Update (Nov 2018)

A whirlwind summary of the most important developments in Supreme Court and Federal Circuit case law over the last year.

Originally presented: Nov 2018 Advanced Patent Law Institute

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

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2. Recent Developments in Claims Construction (Nov 2018)

Kenneth R. Adamo

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(mp4)
48 mins
(mp3)
48 mins
(pdf)
193 pgs
(pdf)
21 pgs
Session 2 —48 mins
Recent Developments in Claims Construction (Nov 2018)

The driver of patent application preparation/prosecution, district court trials, Federal Circuit appeals, and AIA post-grant review proceedings, remains—claim construction. Review 2017-2018 claim construction cases and issues at the Federal Circuit and trial court levels. And examine the PTAB’s procedural and substantive claim construction “rules, practices and etc.," including the PTAB proposal to drop BRI and adopt Phillips construction under all circumstances, and possible rule and practice changes to mandate PTAB consideration of claim constructions from other proceedings.

Originally presented: Nov 2018 Advanced Patent Law Institute

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

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3. Changes to Venue Rules and the Rise of Multi-District Litigation (Nov 2018)

Darlene Ghavimi, Sherri Wilson

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(mp4)
34 mins
(mp3)
33 mins
(pdf)
17 pgs
Session 3 —34 mins
Changes to Venue Rules and the Rise of Multi-District Litigation (Nov 2018)

The U.S. Supreme Court’s ruling in TC Heartland has changed the landscape for patent venue. Explore what constitutes a company’s “regular and established place of business” and the possible impact of this recent case.

Originally presented: Nov 2018 Advanced Patent Law Institute

Darlene Ghavimi, Conley Rose, PC - Austin, TX
Sherri Wilson, Dykema Cox Smith - Austin, TX

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4. Judicial Panel (Nov 2018)

Hon. Alan D Albright, Hon. Kimberly C. Priest Johnson

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(mp4)
59 mins
(mp3)
58 mins
Session 4 —59 mins
Judicial Panel (Nov 2018)

Hear distinguished judges from the District Court discuss their experiences hearing and trying patent cases.

Originally presented: Nov 2018 Advanced Patent Law Institute

Hon. Alan D Albright, U.S. District Court, Western District of Texas - Waco, TX
Hon. Kimberly C. Priest Johnson, U.S. District Court, Eastern District of Texas - Plano, TX