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Course Information
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1045 Licensing Patents for Industry Standards
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 No cost or obligation
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| Course Length |
121 minutes
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| Course Price |
$ 119.00
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Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.
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Accreditation Information
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About the Instructor(s)
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William Blumenthal
Clifford Chance LLP
William Blumenthal is a partner in Clifford Chance LLP, where he chairs the U.S. competition practice. From March 2005 through January 2009, he served as general counsel of the Federal Trade Commission, where he oversaw the staff that prepared the report Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition and that participated on behalf of the FTC in matters relating to the Independent Ink, eBay, KSR, Quanta, and MedImmune cases.
While in private practice before entering government service, he served as vice-chair and as international officer of the ABA Antitrust Section. His articles have appeared in California Law Review, George Washington Law Review, Antitrust Law Journal, Antitrust Bulletin, and other publications.
Mr. Blumenthal earned his A.B. and M.A. in economics from Brown University in 1977 and his J.D. from Harvard Law School in 1980.
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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.
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Michael Lindsay
Dorsey & Whitney LLP
Michael A. Lindsay is a partner in the law firm of Dorsey & Whitney LLP, where he has practiced for more than 20 years. He is the co-chair of Dorsey’s Antitrust Practice Group.
Mr. Lindsay’s practice focuses on antitrust matters, both in litigation and in client counseling, including counseling of standards-development organizations. His antitrust practice has spanned numerous industries, including airlines, food retailing, medical devices and medical equipment, electronic devices, home security, agricultural products, energy, and electricity. His broad litigation experience includes patent and trademarks, securities, product liability, insurance coverage, and general commercial litigation.
Mr. Lindsay has taught antitrust as an adjunct professor at the University of St. Thomas Law School and Hamline Law School, and he is a frequent lecturer at continuing legal education programs on antitrust issues. He was the chair (2005-06) of the Minnesota State Bar Association’s Antitrust Section and vice-chair of the ABA Antitrust Section’s Trial Practice Committee (2004-2008), and he is associate editor of Antitrust Magazine.
He is a 1983 graduate of the University of Chicago Law School, and a 1980 graduate of Marquette University, where he received his B.A. He also studied at the London School of Economics.
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Jack Slobod
Philips Intellectual Property & Standards
Jack D. Slobod has been employed by Philips Intellectual Property & Standards for 20 years and is presently its principal IP counsel.
Mr. Slobod is responsible within the Consumer Lifestyle Sector for licensing out patents and other intellectual property rights of Koninklijke Philips Electronics N.V., transactional matters, and defense of IP claims. He is also responsible for IP and antitrust issues in standard-setting participation. He has led numerous licensing negotiations and also managed IP litigations in the U.S., Europe and Asia.
Mr. Slobod has taught intellectual property law at Fudan University, Shanghai, PRC. He was formerly lead IP counsel for various product divisions of Koninklijke Philips Electronics N.V. and participated as team member in numerous merger and acquisition matters. Prior to joining Philips, he was in the private practice of law in Middletown, N.Y. for 13 years. During that time he concentrated in patent, trademark and copyright law, business and commercial transactions, and commercial litigation.
Mr. Slobod also practiced patent law in an Arlington, Va., law firm, and at the National Aeronautics and Space Administration. Prior to that, he had a seven-year career as an engineer and member of technical staff of various companies. Mr. Slobod is admitted to the New York Bar and is a registered patent attorney. He is a member of the Electronic and Computer Law Committee, Standards and Open Source Sub-Committee of the American Intellectual Property Law Association and co-chairman of the Standard Setting Committee of the Intellectual Property Owners Association. He is a former member of the board of directors of the New York Intellectual Property Law Association.
He holds a B.E.E. and M.E.E. from City College of New York, and a J.D. from George Washington University.
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Richard Taffet
Bingham McCutchen LLP
Richard S. Taffet is a partner at Bingham McCutchen LLP, where he serves as lead counsel in a wide range of intellectual property, antitrust and commercial litigation matters. He represents U.S. and foreign-based clients involved in numerous industries, including consumer electronics, telecommunications, pharmaceutical, textiles, chemicals, software development, financial industries and publishing. Mr. Taffet counsels clients in connection with protecting their intellectual property assets and the marketing and distribution of their products, and represents clients before federal agencies including the Department of Justice, the Federal Trade Commission, the U.S. Trade Representative’s Office and the Consumer Products Safety Commission.
Representing technology standards development organizations and standards development participants for more than 20 years, Mr. Taffet has developed SDO patent and IPR policies, represented parties in connection with government and litigation proceedings involving standards-related patent and antitrust matters, and provided counseling regarding competitive and IPR issues in development of specific standards. Mr. Taffet has formed and represented an industry trade association with the purpose of enforcing copyright and other IP rights worldwide and has developed international litigation strategy for enforcement of copyright and other IP rights.
Mr. Taffet is a frequent speaker on intellectual property and antitrust issues and is a contributor to publications on such subjects.
Mr. Taffet recieved his J.D. from Brooklyn Law School in 1980 and his B.A. from Sarah Lawrence College in 1977.
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Outline + Synopsis
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Outline
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Synopsis
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Licensing Patents for Industry Standards
I. Introduction
A. Overview
II. Negotiating Terms Before the Standard is Set
A. Essential Patents
B. Added Value
C. Disclosure as the Starting Point
D. Assurance of Value
E. Comparative Costs of Technology
F. A Balance of Incentives
G. Ex-Ante Negotiations
H. Licensing and Antitrust Concerns
I. Dynamics of the Standards Organization
III. RAND and FRAND Royalties
A. An Offer to Negotiate
B. Reasonable and Nondiscriminatory
IV. Standard-Setting in the New Administration
A. FTC, DOJ and the Politics of Antitrust
B. New Concerns Before the Courts
C. Political Change at FTC and DOJ
D. Unilateral Conduct
E. Tribal Behaviors
V. Patent Pools
A. Defining Patent Pools
B. The Function of Patent Pools
C. Risks and Benefits
D. Keys to Success
VI. Panel Discussion
A. Can RAND Fix The Hold-Up Problem?
B. How RAND Affects Price
C. How RAND Affects Costs
D. Ex-Ante When? Ex-Ante What?
E. Issues With Terms of Disclosure
F. What Are the Long-Term Effects?
AfterWords®
How to Obtain a Certificate
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This course provides a comprehensive look at standards and licensing patents for standards. The speakers deal with the highly topical and practical issue of the interaction between the development of industry standards and intellectual property rights and antitrust and misuse.
The course starts with a discussion of ex-ante negotiations, and then goes on to take a look at RAND and FRAND royalties. It deals with standard-setting in the new administration, and winds up with patent pools for standards.
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Content Provided By
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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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Purchase course
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1045 Licensing Patents for Industry Standards
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| Course Price |
$ 119.00
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Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.
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