2020 Advanced Patent Law (Austin) eConference

Recent Developments in Claim Construction (Dec 2020)

The baseline of patent application preparation/prosecution, district court trials, Federal Circuit appeals, and AIA post-grant review proceedings, is claim construction. Review the important 2019-2020 claim construction cases and issues at the Federal Circuit and trial court levels, as well as at the PTAB. Examine the PTAB’s procedural and substantive claim construction “rules, practices, and etc." And discuss adherence to the APA by the PTAB under various circumstances, plus rule and practice changes to mandate PTAB consideration of claim constructions from other proceedings.

Originally presented: Nov 2020 Advanced Patent Law Institute

Kenneth R. Adamo, Law Office of KRAdamo - Chicago, IL

Antitrust 2020: Changing Politics, Technology and Problems Have Caused Upheaval! A Real-Time Presentation of Disruption in Antitrust and Competition Law (Dec 2020)

Since the beginning of this year, there have been profound changes in the antitrust and competition landscape. New lawsuits are being filed and existing cases pressed hard despite the COVID-19 pandemic. Technology companies need to be aware of the storm now breaking over licensing for 5G in lawsuits pending in federal courts in Texas and Delaware. The 180 degree change at the Department of Justice that has the Antitrust Division actively litigating with non-practicing patent entities against companies that produce technology, software, semiconductors and telecom products. COVID-19 drove a dramatic to the ground rules and procedures for collaboration for companies that can provide essential technology, products and services. This real-time presentation illustrates what is happening right now and how it could impact you.

Originally presented: Nov 2020 Advanced Patent Law Institute

Danielle Joy "DJ" Healey, Fish & Richardson P.C. - Houston, TX

Section 101 Update: Alice at Six (Dec 2020)

Hear an update on this year’s patentable subject matter cases and other developments. What have we learned over the last six years and what can we expect moving forward? Plus, hear some suggested do’s and don’ts for prosecution and litigation.

Originally presented: Nov 2020 Advanced Patent Law Institute

Steve Borgman, Kilpatrick Townsend & Stockton LLP - Houston, TX
Janice Le Ta, Perkins Coie LLP - Austin, TX
Michael W. Piper, Conley Rose, PC - Plano, TX
Gina N. Shishima, Norton Rose Fulbright - Austin, TX

Section 101 in Two Realms: Practical Tips for Addressing Ongoing Challenges in Getting Patents in the Life Sciences and in Software (Dec 2020)

A year after the newest USPTO guidelines on patent eligibility, our panelists discuss prosecution suggestions in the software/business and the bio/pharma technical areas, in particular, our best pragmatic advice on managing your 101 challenges at USPTO and including a focus on patent applications concerning COVID-19 diagnostic tests, serology tests, vaccines, and therapeutics as examples for the pharma challenges and opportunities we are facing.

Originally presented: Nov 2020 Advanced Patent Law Institute

Steve Borgman, Kilpatrick Townsend & Stockton LLP - Houston, TX
Michael W. Piper, Conley Rose, PC - Plano, TX
Gina N. Shishima, Norton Rose Fulbright - Austin, TX

Increasing Innovation and Transforming Industries through Open Source (Dec 2020)

Innovation is being democratized where users of products and services—both firms and individual consumers—are increasingly able to innovate for themselves. They’re building open source into the fabric of their R&D and development models, bringing speed to innovation that collaborating in open source enables. Users that innovate can develop exactly what they want, rather than relying on manufacturers to act as their agents. What is the place of patents and how are they affected by such innovation?

Originally presented: Nov 2020 Advanced Patent Law Institute

Karen F. Copenhaver, The Linux Foundation - Boston, MA
Umesh M. Desai, AT&T Labs - Austin, TX

The COVID-19 Effect on the Practice of Patent Law (Dec 2020)

Explore the practical and procedural effects of the COVID-19 pandemic on the practice of patent law from the perspective of litigation, patent prosecution, working from home, and in-house management.

Originally presented: Nov 2020 Advanced Patent Law Institute

Ozz Siddiq, Lennox International - Richardson, TX
Shannon W. Bates, Harper Bates & Champion LLP - Dallas, TX
Tara L. Clothier, Essilor of America, Inc. - Dallas, TX
José C. Villarreal, Perkins Coie LLP - Austin, TX

PTAB Policy Shifts (Dec 2020)

The Federal Circuit, the U.S. Supreme Court, and the Iancu administration continue to push the evolution of the PTAB. This presentation covers fast-moving highlights of where we are and where we may be going. Change is certain.

Originally presented: Nov 2020 Advanced Patent Law Institute

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

PTAB Practice Strategies (Dec 2020)

Discuss new developments impacting practice before the Board, including evolving standards on the PTAB's exercise of discretion, timing of parallel litigation, pressure on litigants, and more.

Originally presented: Nov 2020 Advanced Patent Law Institute

David W. O'Brien, Haynes and Boone, LLP - Austin, TX
Scott A. McKeown, Ropes & Gray LLP - Washington, DC
Emily R. Whelan, Wilmer Hale - Boston, MA

Privilege Issues and Discoverability of Agreements (Dec 2020)

With the explosive growth of litigation funding, parties (and funders) face challenging issues related to the discoverability of funding agreements and engagement agreements. This presentation explores the relevance of such agreements and whether they are protected by attorney-client privilege, work product, common interest, or otherwise.

Originally presented: Nov 2020 Advanced Patent Law Institute

Kevin Kudlac, Connor Kudlac Lee, PLLC - Austin, TX

Judicial Panel (Dec 2020)

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

Originally presented: Nov 2020 Advanced Patent Law Institute

Hilda C. Galvan, Jones Day - Dallas, TX
Hon. Alan D Albright, U.S. District Court, Western District of Texas - Waco, TX
Hon. Sean D. Jordan, U.S. District Court, Eastern District of Texas - Plano, TX
Hon. Maryellen Noreika, U.S. District Court, District of Delaware - Wilmington, DE

Women in IP Breakfast Panel: Challenges and Current Issues Facing In-House Counsel (Dec 2020)

Originally presented: Nov 2020 Advanced Patent Law Institute

Ann LaFeir, USAA - San Antonio, TX
Brianna Hinojosa-Smith, Yum! Brands, Inc. - Plano, TX
Irene Kosturakis, BMC Software, Inc. - Houston, TX
Keith E. Witek, Google, Inc. - Mountain View, CA

Year in Review: Federal Circuit and SCOTUS Update (Dec 2020)

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

Originally presented: Nov 2020 Advanced Patent Law Institute

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

The Appointments Clause, Severability, and Forfeiture in Arthrex (Dec 2020)

The Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (2019), purported to save the power of the USPTO’s administrative patent judges to conduct inter partes review by abrogating for-cause removal protection for those judges. This presentation examines the Appointments Clause concerns that motivated that abrogation, whether severing the for-cause removal protection was a proper response, and whether the Appointments Clause challenge should have been considered forfeit as not raised before the USPTO.

Originally presented: Nov 2020 Advanced Patent Law Institute

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

Worldwide Patent Litigation Trends (Dec 2020)

A look at litigation trends and practices in multiple international jurisdictions.

Originally presented: Nov 2020 Advanced Patent Law Institute

Kat Li, McKool Smith - Austin, TX
Klaus Haft, HOYNG ROKH MONEGIER Europe LLP - Düsseldorf, Germany
He Jing, GEN Law - Beijing, China

International Prosecution (Dec 2020)

Hear tips on how to prepare for a global filing and examine issues and considerations in different jurisdictions, with a special emphasis on European patents and China.

Originally presented: Nov 2020 Advanced Patent Law Institute

Jimmy Chen, IBM China Co. Ltd - Beijing, China
Tim Graham, IBM UK Ltd - Winchester, United Kingdom

Nuts and Bolts of Remote Litigation (Mar 2021)

A discussion of various aspects of litigating patent disputes remotely, including best practices for handling remote hearings, depositions, and even trials.

Originally presented: Nov 2020 Advanced Patent Law Institute

Bert A. Greene, Duane Morris LLP - Austin, TX
Matthew S. Yungwirth, Duane Morris LLP - Atlanta, GA

​Damages: FRAND, Foreign Activity, and Other Recent Developments (Dec 2020)

A discussion of recent developments in patent damages, including recent decisions affecting FRAND licensing and damages, pursuing damages for foreign activity in U.S. courts, and the impact of COVID-19 on the calculation and presentation of damages claims.

Originally presented: Nov 2020 Advanced Patent Law Institute

Shirley Webster, Ocean Tomo, LLC - Houston, TX
Anne M. Cappella, Weil, Gotshal & Manges LLP - Silicon Valley, CA
Garland T. Stephens, Weil, Gotshal & Manges LLP - Houston, TX

AI Claims (Dec 2020)

Examine new rules on AI claims, including evolving guidance from the USPTO, and how those rules will be applied.

Originally presented: Nov 2020 Advanced Patent Law Institute

Robert Bahr, U.S. Patent and Trademark Office - Alexandria, VA
Matt Osterhaus, Fletcher Yoder, P.C. - Houston, TX

The Ins and Outs of Conflicts of Interest (Dec 2020)

This session covers conflicts of interest when lawyers migrate from one law firm, or legal department, to another and recent cases addressing disqualification motions.

Originally presented: Nov 2020 Advanced Patent Law Institute

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