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Third Annual BNA/ABA Section of IP Law Patent Conference: Using Today's Laws to Protect Tomorrow's Technology

Monday, October 06, 2008
8:00 AM - 5:00 PM ET

Using Today’s Laws to Protect Tomorrow’s Technology New Litigation Strategies in Light of Recent Supreme Court and Federal Circuit Decisions

Changes in patent law generally occur more slowly than changes in technology.  As lawyers, we must continually adapt today’s laws to protect tomorrow’s technology.  However, several Supreme Court and Federal Circuit decisions over the last eighteen months have changed the rules for patent litigation.  To be successful as a litigator, you will need to rethink your strategies when approaching questions of:

  • Overcoming the Obviousness Rejection for Combined Elements – KSR Eighteen Months Later
  • Exhaustion of Patent Rights by Licensor – In Re Quanta
  • Scope of Subject Matter Patentability under Section 101 – In Re Bilski
  • Routine Addition of Modern Electronics to an Otherwise Unpatentable Invention Typically Creates a prima facie Case of Obviousness  – In Re Comiskey
  • Patent Licensee’s Right to Seek Invalidation of Patent While Retaining the Protection of the License –MedImmune and SanDisk
  • New Reckless Disregard Standard for Willfulness, Can the Standard Be Met and Are Opinions Still Needed? – In Re Seagate

Other topics and features being developed for the conference include:

  • Learning to Comply with Early Infringement and Invalidity Contentions.
  • Litigators and Judges Dissect Court Decisions and Their Impact.
  • Luncheon with Speaker.
  • How to Live With PTO Rules that Would Limit Continuation Practice?
  • What are the Ripple Effects of KSR and its Progeny One Year Later?
  • Understanding and Framing Strategy to Meet New Standards.
  • Will Jurisdiction Shopping Be Eliminated? 
  • Successful Litigation vs. Fast Track Litigation
  • How are the courts responding?
  • Learning to comply with early infringement and invalidity contentions
 


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