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2810  Antitrust and Non-Antitrust Issues Related to Licensing


No cost or obligation  
Course Length    90  minutes
Course Price    $ 119.00

Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.

    Accreditation Information


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    About the Instructor(s)


  Jeffrey Brennan
Dechert LLP

Jeff Brennan is a partner in the Antitrust/Competition group at Dechert LLP, in Washington, D.C. Jeff joined Dechert last year, after serving for 5 years, and in two positions, at the Federal Trade Commission. From 2001-04, Jeff was Assistant Director of the Bureau of Competition, in charge of the Health Care Services and Products Division. That Division has responsibility for, among other things, antitrust investigations and law enforcement regarding conduct in the pharmaceutical industry. During Jeff's tenure, the FTC's pharma industry antitrust cases included settlements of patent infringement actions, alleged sham patent litigation, and allegedly improper listings of patents with the FDA. In 2005-06, Jeff became Associate Director of the Bureau of Competition. In that role, he continued to have oversight duties over pharmaceutical and other health care cases, and also served as the FTC's principal writer of the joint FTC-DOJ Commentary on the Horizontal Merger Guidelines, published last year.



  Kenneth Frankel
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Kenneth M. Frankel is a partner in the law firm of Finnegan, Henderson, Farrabow, Garrett & Dunner, LLP. His practice focuses on litigation of intellectual property rights in U.S. federal courts, and advice to clients on antitrust and misuse issues in licensing and enforcing intellectual property. Since joining Finnegan in 1990, he has litigated numerous cases in the pharmaceutical, electronics, and mechanical fields involving extensive pretrial discovery and trials.

Prior to joining Finnegan, Mr. Frankel served for 16 years as a trial attorney with the U.S. Justice Department's Antitrust Division. At the Antitrust Division, he litigated and investigated antitrust matters involving intellectual property issues, price-fixing conspiracies, and agreements and mergers in high technology industries. He often speaks at seminars on antitrust and misuse issues for intellectual property.

Mr. Frankel chairs the AIPLA’s Antitrust Law Committee.

Mr. Frankel recieved his J.D. from George Washington University, National Law Center in 1973 and graduated from the University of Pennsylvania with a B.S. in mechanical engineering in 1970.



  Suzanne Michel
Federal Trade Commission

Suzanne Michel is Assistant Director for Policy in the Bureau of Competition at the Federal Trade Commission. She is involved in many of the IP and IP/antitrust issues that arise in the agency’s enforcement and policy initiatives, and she speaks frequently on those topics. The FTC awarded her the Paul Rand Dixon award for that work in 2002. Before joining the FTC seven years ago, Suzanne worked in the Civil Division of the Department of Justice where she defended the United States in patent infringement litigation.

Suzanne received her B.S. with honors from Northwestern University and her Ph.D. in Chemistry from Yale University. She graduated from Boalt Hall School of Law, where she was a member of the Order of the Coif and was awarded the prize for best paper published by a graduating student. Following law school she served as a law clerk to the Honorable Paul R. Michel (no relation) at the Court of Appeals for the Federal Circuit. She is a registered patent attorney.



  Jeffrey Navon
Thomson Licensing LLC

Manager Foreign Practice and US Administration
Thomson Licensing LLC



  Joel Wolfson
Banc of America Securities, LLC

Joel Wolfson is a Vice President and Assistant General Counsel in the Legal Department of Banc of America Securities, LLC in New York City. He had been a partner in Blank Rome’s Washington, D.C. office, specializing in transactions, corporate law, and public policy in financial markets, information law, biotechnology, intellectual property, and computer law. Prior to that, Mr. Wolfson was Vice President and Associate General Counsel for The Nasdaq Stock Market’s e-Commerce and Intellectual Property Practice Group.

Mr. Wolfson chaired the 1200 member Software and Information Industry Association (SIIA) Committee on the proposed Uniform Computer and Information Transaction Act (UCITA). His recent publications include a multi-volume treatise on high-technology contract law, and law review articles on: (1) First Amendment protections against liability for incorrect information; (2) express warranties and published information; (3) the ability of licensing law and copyright law to peacefully co- exist; and (4) class action suits in bankruptcy court.



  Helen Wolstoncroft
Tyco Technology Resources



    Outline + Synopsis

Outline Synopsis
Antitrust and Non-Antitrust Issues Related to Licensing
    I. Introduction
    II. The FTC/DOJ Report on Antitrust and IP
        A. The FTC/DOJ Report on Antitrust and IP
        B. Report Contents
        C. Report Contents (cont’d)
    III. Recent Supreme Court Antitrust Decisions – Implications for IP Licensing Lawyers
        A. Recent Supreme Court Antitrust Decisions
        B. The Leegin Case (cont’d)
        C. Other Cases
    IV. Product Design, Innovation, and Antitrust
        A. Product Design, Innovation, and Antitrust
        B. Instructive Cases
        C. More Representative Cases
    V. Considerations on International Patent Prosecution in Licensing Programs Involving Standards
        A. International Patent Prosecution in Licensing
        B. Involving Standards
    VI. Hot Topics in IP Licensing: Indemnification Clauses
        A. Indemnification Clauses
        B. Indemnification Clauses (cont’d)
    VII. Impact of the SanDisk Case
        A. Impact of the SanDisk Case
        B. The SanDisk Case
    AfterWords®
    How to Obtain a Certificate


In this course six speakers from the AIPLA 2007 Annual Meeting session on “Antitrust Law/Licensing & Management of IP Assets” review the FTC/DOJ 2007 Report on Antitrust Enforcement and IP Rights, recent Supreme Court antitrust decisions and their implications for IP and licensing lawyers, product design and its effect on antitrust, international patent prosecution, especially involving standards, indemnification clauses, and the impact of the SanDisk case.


    Content Provided By

 

The American Intellectual Property Law Association (AIPLA) is a 16,000-member, national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community. The AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright and unfair competition law, as well as other fields of law affecting intellectual property. Members represent both owners and users of intellectual property.

AIPLA was formed in 1897 in order to maintain a high standard of professional ethics, to aid in the improvements in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.

To qualify for membership, applicants must be members in good standing of the bar of a court of record of the United States or any state. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries to be considered for membership, or be registered to practice with the Patent and/or Trademark Office of their country of citizenship. AIPLA also has student memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools. Approximately 70% of the active members are in private practice, 30% in corporate practice, with the remainder in the government or academia.

AIPLA holds three regularly scheduled conferences a year, Mid-Winter, Spring and Fall, at which the association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA holds many stand-alone seminars on specialized areas of intellectual property law at varying times of the year in locations around the United States. The association also produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published online three times a year), and CD-ROMs and tapes which include papers or speeches presented by speakers at the meetings. The AIPLA also publishes the Report of the Economic Survey biennially.

Furthermore, the AIPLA is actively involved in shaping U.S. intellectual property policy through its work on legislation and federal regulations affecting intellectual property cases in the U.S. courts. Internationally, the AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents, regularly participates in meetings of the World Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.




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2810  Antitrust and Non-Antitrust Issues Related to Licensing

Course Price     $ 119.00


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