Battling Patent Trolls: Leveraging New Executive Orders, AIA and Other Tools

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, July 31, 2013
Recorded event now available


This CLE webinar will discuss recent developments and new tools to battle so-called patent trolls, including recent executive orders, the America Invents Act (AIA), and state and congressional action. The panel will discuss the impact of these efforts and offer best practices for combating patent trolls before and during litigation.

Description

An April 2013 report reveals the significant increase—up to 58% of patent suits in 2012—in suits by patent trolls. Patent trolls or monetizers are companies or individuals holding patents, who sue anyone who uses or sells anything covered by their patents, even though the patent holder doesn't produce anything.

On June 4, 2013, the President issued five executive orders to curb these suits. The AIA limits the ability to join unrelated parties, and Congress is working on legislation that seeks to curtail such frivolous suits. In May 2013, Vermont became the first state to allow targets of trolls to countersue.

Patent counsel must understand the impact of these recent developments and how they may bolster a company’s efforts to ward off patent trolls and patent troll litigation.

Listen as our authoritative panel examines the current landscape, including the President's recent executive orders, congressional efforts, state action, and the implications for patent counsel. The panel will offer best practices to minimize the threat of patent troll litigation and develop strong defensive strategies to combat patent trolls.

Outline

  1. Current landscape
    1. Executive orders
    2. Congressional efforts
    3. The AIA
    4. State action
  2. Impact of recent developments
  3. Best practices
    1. Minimizing threat of patent troll litigation
    2. Defensive strategies in litigation

Benefits

The panel will review these and other key questions:

  • How are the executive orders anticipated to impact patent troll litigation?
  • How can counsel act to proactively minimize the threat of patent troll litigation?
  • What defense strategies are effective in combatting patent trolls in litigation?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Scott Marks, Senior Intellectual Property Counsel
St. Jude Medical, St. Paul, Minn.

His areas of practice include filing and prosecuting patent applications, reexaminations, drafting and negotiating intellectual property agreements, due diligence and litigation.  His technical background is in chemistry and he has worked in the medical device area for more than 10 years.  Before joining a large medical device company, he worked private practice litigating patent cases, prosecuting patents and counseling clients.

Scott A. McKeown, Partner
Oblon Spivak McClelland Maier & Neustadt, Alexandria, Va.

Mr. McKeown focuses on post-grant counseling, litigation and related prosecution issues. He leads the Reexamination/Reissue team responsible for electronics, wireless communications, software and computer-related inventions and business methods. He handles post-issuance proceedings at the USPTO including reissue applications, ex parte and inter partes reexamination proceedings and appeals to the BPAI.

Michael L. Kiklis, Partner
Oblon Spivak McClelland Maier & Neustadt, Alexandria, Va.

Mr. Kiklis focuses on post-grant counseling, patent litigation and patent prosecution. With an extensive background in computer science, he focuses his practice on software patent matters.  He frequently handles high stakes matters, having been involved in several cases in which over $1 billion was at stake.

Ordering

Recorded Event

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Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Strafford is an approved provider and self-study credit is available in the following states (Refer to our state CLE Map for additional information):

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If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

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On-Demand CLE - Audio Recording

Includes streaming audio of full program plus handouts (available 24 hours after live program).

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On-Demand CLE Audio $149.00
Available 24 hours after the live event

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Program Materials

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Program Materials

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Intellectual Property Law Advisory Board

Stephen R. Baird

Shareholder

Winthrop & Weinstine

Charles S. Baker

Partner

Fulbright & Jaworski

David S. Bloch

Partner

Winston & Strawn

Ian N. Feinberg

Partner

Feinberg Day Alberti & Thompson

Bassam N. Ibrahim

Shareholder

Buchanan Ingersoll & Rooney

Mark P. Wine

Partner

Orrick

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