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Course Information
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2550 Intellectual Property Litigation
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| Course Length |
154 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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Click on jurisdiction below for more details.
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>>
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2.50
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credits
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CA
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3.00
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credits
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CO
WV
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About the Instructor(s)
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James Bradley
Sidley Austin Brown & Wood, LLP
James Bradley is a partner in Sidley Austin Brown & Wood’s Dallas office, practicing in the area of intellectual property litigation, with a focus on semiconductor patents. Previously, he served as trial counsel in court-martial actions with the U.S. Navy’s Judge Advocate General’s Corps.
After receiving a B.A. in 1966 and a B.S.E.E. in 1967 from the University of Notre Dame, Mr. Bradley earned a J.D. from Southern Methodist University in 1970.
Mr. Bradley is a Life Fellow of the Dallas and Texas Bar Foundations, a Fellow of the American Inn of Court LVI, and a Research Fellow of the Southwestern Legal Foundation. In addition, he is a member of the AIPLA, the Licensing Executive Society and the Institute of Electrical and Electronics Engineers. He is admitted to the bar in Texas and California, and is also admitted to practice before numerous federal courts.
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Jonathan Grant
Grant Patent Services
Since 1992, Jonathan Grant has been a partner at Grant Patent Services, where he drafts patent and trademark applications, performs patent and trademark searches, and conducts patent prosecution in the biotechnology, chemical, mechanical, biochemical and electrical fields. He also counsels clients with respect to patents and trademarks and handles patent and trademark infringement cases. Earlier, Mr. Grant was an associate at the Virginia law firms of Oliff & Berridge, Longacre & White, and Sandler, Greenblum and Bernstein.
After earning a B.S. in microbiology from the University of Maryland in 1978, Mr. Grant received a master’s degree in biology from Johns Hopkins University in 1980. In 1984, he graduated from Washington College of Law at The American University.
Mr. Grant is a member of the American Intellectual Property Law Association, the International Trademark Association, and the International Intellectual Property Alliance. He is also a member of the editorial board of The Trademark Reporter. Mr. Grant is admitted to the bar in New York and the District of Columbia, and is also admitted to the U.S. Patent Bar. In addition, he is admitted to practice before the Federal Circuit, the Federal Court of Appeals for the District of Columbia, and the federal district courts for the District of Columbia and the Southern District of Manhattan.
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Robert Kahrl
Jones, Day, Reavis & Pogue
Robert C. Kahrl is a partner in the litigation group at Jones, Day, Reavis & Pogue in Cleveland, and chair of the firm’s intellectual property practice. He joined Jones Day in 1976 after clerking for Judge Paul C. Weick of the U.S. Court of Appeals, Sixth Circuit.
In 1975, Mr. Kahrl earned an M.B.A. and a J.D. (summa cum laude) from The Ohio State University, where he was managing editor of the Law Journal and a member of Order of the Coif. His undergraduate degree is an A.B. in English from Princeton University, received in 1968.
Mr. Kahrl is admitted to the bar in Ohio.
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Alan Kasper
Sughrue Mion, PLLC
Alan Kasper is based in Sughrue Mion’s Washington office, where his practice includes domestic and international patent law. He represents clients in litigation, renders opinions on patentability, validity and infringement, and provides counseling on matters involving licensing proprietary rights protection, contracting and export control. He advises clients engaged electrical, semiconductor, network software/computer-based and mechanical technologies and provides counsel on business method patents inventions. Previously, Mr. Kasper was the resident partner in Sughrue Mion’s Tokyo office. Before joining the firm, he was chief patent counsel for Communications Satellite Corp. and he also served as patent examiner for the U.S. Patent and Trademark Office.
In 1964, Mr. Kasper received a B.S. in Electronics Engineering from the State University of New York at Buffalo. He earned his J.D. from Georgetown University Law Center in 1968. He is admitted to the bar of the District of Columbia and is also admitted to practice before the U.S. Court of Appeals for the District of Columbia and Federal Circuits, the U.S. District Court for the District of Columbia, and the U.S. Patent and Trademark Office.
In addition to serving on the board of directors for the AIPLA, Mr. Kasper is also a member of the American Bar Association, the District of Columbia Bar Association, the International Federation of Industrial Property Attorneys, and several other professional organizations.
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Arthur Patterson
DecisionQuest, Inc.
Arthur Patterson is senior vice president of DecisionQuest, Inc., a trial consulting and strategic communications firm based in Los Angeles. Prior to joining DecisionQuest, Dr. Patterson was senior vice president of FTI Consulting.
Dr. Patterson is a pioneer in the application of psychological research to trials and dispute management and has conducted studies of jurors in complex litigation, including intellectual property cases, for more than 20 years. He has conducted hundreds of jury focus groups and mock trials.
Dr. Patterson is the founder of the Jury Analysts Group and was a tenured professor of administration justice at Pennsylvania State University in the early 1980s. He holds a Ph.D. in social psychology from Northwestern University and has published extensively on psychological and legal issues.
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Philip Petti
Fitch, Even, Tabin & Flannery
Philip Petti is a partner in the firm of Fitch, Even, Tabin & Flannery, where he represents companies in patent litigation. His litigation experience includes the patent, trademark, copyright and trade secret areas, and covers a broad range of different technologies. He also represents and advises clients in a wide range of intellectual property matters, including preparation and prosecution of patent applications and trademark registrations; patentability, validity and infringement opinions; trade secret protection; and licensing.
In addition to his law practice, Mr. Petti is an adjunct professor at John Marshall Law School in Chicago and lectures on patent litigation for the school’s Masters of Intellectual Property program. He is a frequent speaker on intellectual property law cases for local and national bar associations.
Mr. Petti received a B.A. in sociology from Carleton College in 1980 and a B.A. in chemistry from North Central College in 1982. He earned his J.D. at Drake University in 1985 and was a member of Order of the Coif. Mr. Petti is admitted to the Illinois Bar as well as numerous federal district and appeals courts. He is also registered to practice before the U.S. Patent and Trademark Office.
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Judith Saffer
Broadcast Music, Inc.
Judith Saffer’s duties as assistant general counsel at BMI include supervising staff attorneys, coordinating outside counsel, and managing copyright infringement suits on behalf of composers and music publishers. She is also actively involved in legislative matters. Before joining BMI, Ms. Saffer held several senior legal positions at the American Society of Composers, Authors and Publishers (ASCAP).
After receiving her undergraduate degree and being elected to Phi Beta Kappa at Washington Square College of New York University, Ms. Saffer earned her law degree from New York University School of Law in 1967.
Ms. Saffer is a past president of the Copyright Society of the United States and was a member of the Steering Committee of the Conference on Fair Use established by the Clinton administration. She is also vice president of the Board of Directors of Symphony Space, a center for the performing arts in New York City. In addition to her membership in AIPLA, she is active in various bar associations and serves on the boards of a number of organizations. She is a frequent lecturer on copyright law.
Before beginning her law career, Ms. Saffer was a professional ballet dancer with the Ballet Russe de Monte Carlo and appeared in films and television as an actress and dancer.
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John Skilton
Heller Ehrman White & McAuliffe, LLP
John Skilton joined Heller Ehrman as a partner in October 2000. He is a member of the firm’s Antitrust and Trade Regulation National Practice group and practices litigation law with an emphasis on antitrust, patent and intellectual property.
In 1969, Mr. Skilton earned his law degree from the University of Wisconsin Law School, where he also served as articles editor of the Wisconsin Law Review. Over the years, he has participated in a wide range of professional activities, including serving as president of the State Bar of Wisconsin and president of the Seventh Circuit Bar Association. He is listed in The Best Lawyers of America under both commercial litigation and patent litigation. In addition, he is a Fellow of the American College of Trial Lawyers and the American Academy of Appellate Lawyers.
Mr. Skilton is admitted to practice before the U.S. Supreme Court, the Federal Circuit Court of Appeals, the Seventh Circuit Court of Appeals, Wisconsin Supreme Court, and the District Courts for the Eastern and Western Districts of Wisconsin and the District of Columbia. He is also admitted pro hac vice in federal courts nationwide.
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Neil Smith
Howard, Rice, Nemerovski, Canady, Falk & Rabkin, PC
Neil Smith is a director in Howard Rice’s litigation department and a member of the Intellectual Property Practice Group. His practice includes litigation and counseling in trademark, patent, copyright and unfair competition matters. He has represented a broad range of companies in the publishing, multimedia and consumer product businesses. Mr. Smith has also specialized in Internet, anti-counterfeiting and gray market subjects, including ex parte restraining orders and asset freezes.
Before joining Howard Rice, Mr. Smith was a partner in the San Francisco firm of Limbach and Limbach for more than 25 years. Earlier, he clerked for Judge Giles S. Rich of the U.S. Court of Customs and Patent Appeals and was a patent attorney for the U.S. Atomic Energy Commission.
Mr. Smith received a B.A. in physical sciences from Columbia College in 1965 and a B.S. in mechanical engineering from Columbia School of Engineering and Applied Science in 1966. He earned a J.D. in 1969 from Columbia Law School and an LL.M. in patent and trade regulation law from George Washington Law School in 1973.
In addition to serving on the board of directors of the American Intellectual Property Association, Mr. Smith has held many positions in professional organizations, including president of the San Francisco Patent and Trademark Law Association, chairman of the AIPLA’s Trademark and Trade Name Committee and its Licensing Committee, and chairman of several American Bar Association committees. He has published numerous articles on trademark, patent and copyright law, Internet law issues, anti-counterfeiting remedies and gray market subjects and is a frequent speaker on intellectual property topics.
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Stephen Swinton
Cooley Godward, LLP
Stephen Swinton is a partner in Cooley Godward’s litigation department and is resident in the firm’s San Diego office. His practice is concentrated on complex litigation involving intellectual property and trade regulation matters. In the intellectual property field, he has represented clients in the software, electronics, pharmaceutical, biotechnology and telecommunications industries.
In 1973, Mr. Swinton graduated from Iowa State University with a B.S. in engineering operations, after which he served with distinction as a surface warfare specialist in the U.S. Navy. He later worked at Procter & Gamble as a process and manufacturing engineer. In 1982, he earned his J.D. from Drake University, where he was elected to Order of the Coif and was an active member of the Moot Court Board and law review.
Mr. Swinton has served as a faculty member for the National Institute of Trial Advocacy and has also been active in various bar associations, particularly in the field of legal ethics. He is a member of the American Bar Association and the California Bar Association, and has been listed in The Best Lawyers in America since 1993.
Mr. Swinton is admitted to practice before the U.S. Patent and Trademark Office as well as numerous trial and appellate courts, including the U.S. Supreme Court, the U.S. Courts of Appeals for the Ninth and Federal Circuits, the U.S. District Courts for the Northern, Central and Southern Districts of California and the California Supreme Court.
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Outline + Synopsis
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Outline
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Synopsis
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Intellectual Property Litigation
I. Introduction
II. Role of Litigation in Copyright Protection
A. Litigation is a Tool
B. Effect of the Internet on the Music Industry
C. Need for New Business Models
III. Issue Preclusion in Claim Interpretation
A. Issue Preclusion and Claim Preclusion
B. Evolution of Issue Preclusion
C. Issue Preclusion in More Recent Cases
D. Preclusive Effect of Markman Hearings
IV. Re-Examination Versus Litigation
A. Petti/Kasper Introduction
B. Patent Re-Examination
C. Patent Owner’s Prelitigation Strategy
1. Prior Art Maneuver
2. Preliminary Injunction Gambit
3. Risks of Prelitigation Strategy
D. Challenger’s Considerations
E. Why a Challenger Might Choose Re-Examination
F. Disadvantages of Re-Examination
G. Litigation and Inter Partes Re-Examination
H. Pending Legislation for Inter Partes Re-Examination
I. Questions and Answers (Part 1)
J. Questions and Answers (Part 2)
V. Use of Internet Evidence in Court
A. Introduction and Overview
B. Web Site Trade Dress Examples
C. More Examples: Framing, Metatags, Logos
D. Transient Nature of Internet Evidence
E. Preserving Internet Evidence
F. Cache Memory Problem
G. Displaying Internet Evidence in Court
H. Judicial Notice of Internet Web Pages
1. Citing Internet Web Pages
2. Reliability of Citations to Web Pages
I. Questions and Answers
VI. Jury Focus Groups
A. Panelist Introduction
B. Focus Group Definition
C. Focus Groups Versus Mock Juries
D. Jury Consultants for Focus Groups
1. Are Jury Consultants Needed?
2. Why Jury Consultants Are Needed
3. When Are Jury Consultants Needed?
E. When Are Focus Groups Helpful?
1. Local Prejudices
2. Witness Credibility
3. Jury Reaction to "Practice" Testimony
4. Demonstrative Exhibits
a. Using Graphic Consultants
b. Teaching With Exhibits
5. Presenting Technical Issues
6. Willfulness and Damages
F. Juror Profiles
G. Focus Group Size
H. Multiple Focus Groups
I. Appropriate Expectations
J. Informing Focus Group Participants
K. Focus Group Techniques
L. Questions and Answers
1. Cost/Benefit Analysis
2. Access to Focus Group Information
3. Internet Users in the Jury
AfterWordsSM
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Distinguished practitioners present a wide variety of litigation topics, including the role of litigation in copyright protection, issue preclusion in claim interpretation, patent re-examination as an alternative to litigation, the use of Internet evidence in court, and a panel discussion on jury focus groups.
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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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2550 Intellectual Property Litigation
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| Course Price |
$ 119.00
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course is not for sale
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Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.
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Welcome