Panel I -- America Invents Act and USPTO Practice (9:05 to 10:20 am)
• America Invents Act and the USPTO implementation of first to file
• Derived patents and derivation proceedings: AIA creates new issues in litigation and PTO proceedings
• America Invents Act, new PTAB duties and the umbrella rules for PTO contested case litigation
• America Invents Act and the implementation of inter partes review
• America Invents Act and the implementation of post grant review
• America Invents Act and the implementation of preissue submissions by third parties
• Q&A -- 15 minutes
Panel II -- Pharmaceuticals/Life Sciences (10:35 to 11:35 am)
• Update on pay to delay generic market entry: Litigations by FTC and private plaintiffs
• Boston Scientific v. Johnson & Johnson, Cordis and Wyeth (Fed. Cir. June 7, 2011): Patents claims held invalid for lack of support in specification
• In re Klein (Fed. Cir. June 2011): Prior art must be analogous to make obvious
• Teva v. Astrazeneca (Fed. Cir. Dec. 2011): First inventor is not required to appreciate why his invention works. Is this case the final development on 102(g)?
• Patentable subject matter post-Bilski? A review of Federal Circuit decisions on Section 101 after Bilski and the Supreme Court in Mayo v. Prometheus
• Q&A -- 10 minutes
Panel III -- Licensing/Foreign Practice/ITC (11:35 am to 12:35 pm)
• China utility models: Cheap, easy to register, and increasingly used in litigation against holders of invention patents
• Australia and other new faces along the Patent Prosecution Highway
• John Mezzalingua Assocs. v. ITC (Fed. Cir. 2011): Litigation costs not tied to licensing do not create a domestic industry
• General Protecht Group, Inc. v. Leviton Mfg. Co., Inc. (Fed. Cir. July 8, 2011): Settlement choices -- a covenant not to sue or a non-exclusive license?
• Justice Department review of large patent portfolios for handheld devices
• Q&A –- 10 minutes
Panel IV -- Ethics (1:50 to 3:15 pm)
• Inventor's oath and new Section 118: Solution to the problem of a missing or uncooperative inventor
• Direct contact with other parties in the context of licensing and other negotiations
• Powell v. The Home Depot U.S.A., Inc. (Fed. Cir. 2011): The objective and subjective prongs of willful intent
• Advice of counsel after the America Invents Act: What effect will new 35 USC 298 have on the rendering and defensive use of non-infringement and invalidity opinions?
• Inequitable conduct cases post-Therasense: Has the claim gone away with the sliding scale?
• America Invents Act and the implementation of supplemental examination and the fraud exceptions
• Disqualification issues in patent litigation: A review of recent decisions concerning motions to disqualify lawyers or law firm employees from representing a party in patent litigation
• Q&A -- 15 minutes
Panel V -- Litigation (3:30 to 4:30 pm)
• Kappos v. Hyatt: Supreme Court decision and AIA's avoidance of Section 145 litigation
• Marine Polymer Technologies, Inc. v. Hemcon, Inc., 2010-1548 (Fed. Cir. Sept. 26, 2011): Injunction and damages award vacated due to intervening rights from reissue -- Will post grant amendments under AIA have the same effect?
• E-discovery: Are sanctions for document discovery changing in view of Micron Technology Inc., et. al v. Rambus Inc. (Fed. Cir. May 2011)?
• Choice of patent venue after the America Invents Act: Restrictions on multi-defendant infringement actions and the diminished significance of state of incorporation under In re Link_A_Media Devices (Fed. Cir. Dec. 2011)
• Global-Tech v. SEB (Supreme Court May 2011): What changes may be coming for joint infringement?
• Q&A -- 10 minutes
A featured morning address will be given between 8:15 and 9:05 am by Director David Kappos of the U.S. Patent and Trademark office. The lunch keynote speaker will by Circuit Judge Sharon Prost of the U.S. Court of Appeals for the Federal Circuit.
A preliminary program preview for the seminar can be found here.
The registration fee for the conference is $440 (for those registering by April 4, 2012) or $470 (for those registering after April 4, 2012). Those interested in registering for the conference can do so here or by submitting a reservation form that can be obtained here.
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