Patent Lawyer. The. September/October GLOBAL REACH, LOCAL KNOWLEDGE CTC Legal Media

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1 MEDIA PACK GLOBAL REACH 2017 January/February 2015 TPL19 Front Cover:Layout 1 1/9/15 11:48 March/April 2015 TPL20_ Front Cover FINAL v1:layout 1 July / August :59 May/June 2015 TPL21_ Front Cover FINAL:Layout 1 September/October 2015 Mexico s new wave of patent policies AIPPI welcomes you to Rio Knowledge share: Patent litigation and management in Brazil July/August 2015 TPL23_Front Cover v4:layout 1 7/5/16 10:11 Interesting developments throughout Europe Four-year long slipper patent fight nears end importance of pharmacokinetic patents in the US impact of timing during stay motions September/October 2015 TPL24_Front Cover FINAL:Layout 1 25/11/15 11:43 TPL22_ Front Cover v8:layout 1 28/6/16 11:33 Securing a competitive future in Europe Australian patent eligibility decision: RPL Central v Commissioner of Patents IEEE patent policy update Content curation Effective patent filing Patent searching News stories Gowling WLG form Patent Trial and Appeal Board Patent challenges November/December /8/16 15:46 Ag-Biotechnology protection in South America Bob Stembridge, Thomson Reuters, investigates the benefits How will this affect the intellectual property industry? January/February 2016 TPL26_Front Cover v12:layout 1 Brexit decision An interview with Tyron Stading, the president of Innography, on patent approvals Virtual Patent Office January/February 2016 African trade secret protection Hungarian jurisdiction report ClearCorrect Operating litigation Intersection between patents and standards IP search essentials age of the intrapreneur TPL25_Front Cover v9:layout 1 May/June 2016 Claudia Tapia, Ericsson, investigates Myriad s BRCA1 gene controversy March/April :48 November/December /2/16 Latest patent developments say yes to innovation, no to infringement Protecting patents at higher learning institutions Scrutinizing patent renewals Good faith beliefs and the realities of the law Why cffdna was stymied by Mayo 22/9/15 July/August 2016 Intellectual property for ag-biotechnology inventions is turning more competitive 19/10/16 11:16 September/October 2016 Chemical innovation in patents: A winning formula for discovery Dr. Rob Poolman, Minesoft Ltd, reviews Knowledge share: Patent litigation and management in China Claudia Tapia, Ericsson, analyses the misconception that many patents are invalid, and its impact for businesses Magazine welcomes you to Milan for the 2016 annual AIPPI World Congress Sam Bergstrom, counsel for KARL STORZ Imaging, explores techniques for addressing the differences in prosecuting patent applications before the major offices Prior art searching success Polish patent laws Chinese legislation change Unitary Patent in Europe News updates Federal Circuit s decision Latest news stories Second use patents innovative age we live in PTAB rules Intellectual property portfolio management Design patents in China PSC regulations Brazilian patent law ARIPO patents Opinions on the Brexit decision Design patents Top news stories Patent translations Indonesian law update Patent renewal services Patent filing strategies Future of automotive design Patent protection in Cambodia Russian patent litigation Tech transfer pitfalls International prosecution strategies March/April 2016 May/June 2016 July/August 2016 September/October 2016

2 Magazine is a need to read publication for all international patent professionals. Published bi-monthly in both hard copy and electronically via the latest page turning software, each issue of Magazine is seen by over 20,000 patent professionals around the world. readership is split between in-house Patent counsel and private practice patent attorneys and lawyers; however our readership also covers heads of R&D, associations, and C suite executives from all the major patent owing corporations around the world. Magazine is written and advised by an esteemed panel of international patent experts and guest writers who provide up-to-date information on international patent law issues. Magazine is 100% focused on patents, and is not diluted with generic IP articles and features. It is the only purely patent focused magazine in the international market, this means when you advertise your patent related services within Magazine you can be sure that your marketing is being seen by the correct audience. has bonus distribution at the following events: AIPPI World Congress AIPPI Baltic Conference AUTM BIO CIPA Annual Congress Pat-Tech Exchange IP Life Sciences Global IP Exchange Global IP Exchange USA Global Patent Congress INTA London IP Summit AIPLA Annual Meeting IPO Annual Meeting LES FICPI THE DEMOGRAPHIC BREAKDOWN IS APPROXIMATELY 10% 32% 18% EUROPE THE JOB FUNCTION IS APPROXIMATELY 10% 13% CEO/CFO NORTH AMERICA CORPORATE COUNSEL 32% ASIA PACIFIC OTHER Other includes Central/ South America, Caribbean 45% LAW FIRMS OTHER and MENA 40%

3 We strongly believe that the combination of our editorial content and your advertising strengthens the content of the magazine and makes it more informative for your potential clients. This is why advertising in Magazine is the promotional activity of choice for leading law firms and service providers in the patent industry. Magazine realises that it is important to reach the correct audiences in a variety of ways. This is why our publication offers many types of advertising and editorial packages. DISPLAY This is the most effective for brand awareness: when you place a display advert in Magazine you can be sure that your message will be seen by your target market. You can choose to place your advert in a prime position, such as the inside or outside cover pages, to maximize the adverts impact this is commercially more effective as potential clients will notice it. Alternatively you can choose to place your advertising alongside a special feature, such as one of our regular country focuses. This brings great benefits as your advert will be directly visible to the reader as they are engaged in the relevant editorial. DIRECTORY OF SERVICES Firms are listed in the DOS section of every issue of the magazine, with each firm listed under their relevant countries. DOS section is used by our readers on a regular basis as a reference tool to source the services they need. Listings include: Company logo, company name, address, telephone/fax, /web, contact names, and a 50 word company profile. Half page Quarter page Chemical Structure Searching for full text Patents chemical explorer EXPLORE CHEMISTRY Extract essential knowledge from chemical patents with Chemical Explorer a data mining product designed to extract chemical structures and chemical terminology from the full text patent documents With the aid of two new products, Minesoft Chemical Explorer and TextMine, searchers can locate patent documents by drawing chemical structures or by checking chemical names. Full page Directory of Services

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5 FOCUS: BUYING PATENTS John Boyd he patent transaction market has been Landscape transforming over the last decade. Gone are the IP monetization has become an industry over the last Wild West days when companies would buy decade. Business models for IP holders have evolved, both portfolios almost sight unseen, and then begin the job for operating companies and the many variants of NPEs. of identifying the value drivers in the portfolio they just se NPEs may include: Patent Assertion Entities, Patent purchased. Aggregators, Patent Defence Funds (both private and Value is no longer measured by the patent pound. government sponsored), Privateers, Research Institutions Instead, it is demonstrated quantitatively using documented and Universities, to name just a few. Patent Licensing and Evidence of Use (EoU) and the requisite financial models Engineering companies can bridge both sides of the to support a licensing program or defensive negotiation. Operating/Non-operating models. se requirements are now the de-facto standard and, for all practical purposes, mandatory for any portfolio Patent Reform: to be considered by potential buyers, or by an infringing Shifting of the balance of terror defendant and court at a later date. Prior to 2012, NPEs (the legitimate ones and the trolls) From Intellectual Property (IP) creation, reassignment were able to approach licensees with seeming impunity. and monetization, Fig. 1 (opposite) shows the many forms For clarity, patent trolls are those companies which extort and models that are currently in play in today s market. fees from operating companies by asserting dubious Fig. 2 (opposite) shows that Non-Practicing Entity patents without compelling EoU and at a settling price (NPE) litigation peaked in 2013 and has been in decline point which is much lower than the operating company s since then. In fact, NPE cases filed dropped 24% in 2014 legal cost to fight their baseless assertions. This created a from their high point in reasons for this will demand for patents and with many patents changing be discussed in more detail in the following sections. hands - lawsuits followed. Most of the cases that were launched by patent trolls were without merit. But other cases which were launched by legitimate licensing entities were with merit - their IP John Boyd, Product Manager, Patent Brokerage, TechInsights was being used without their permission. According to John has worked with TechInsights, a technology consulting firm that helps data processed by defense fund AST, in 2014 more than the world s leading patent owners protect and grow their businesses, since 8,000 patents changed hands between entities 1. While these In the patent brokerage team he supports clients patent acquisition numbers indicate that the patent transaction market is or divestment strategies using proprietary tools to identify relevant assets. still healthy, patent prices have, on average, fallen. John specializes in applying his deep technical background and understanding primary reasons for reductions in patent prices are: of the global technology industry to help clients achieve their goals. 1. Deflation in the value of Standards-Essential John has a BSc in Chemistry from the University of Ottawa and is the Patents (SEPs) and inability to get an injunction on inventor of over 180 patents in the semiconductor technology domain and infringers who refuse to take a license. has worked extensively with patent attorneys as both an inventor and consultant. 1 This data was based on the available top-20 patent buyer reassignment information. 22 THE PATENT LAWYER Dr. Thorsten Bausch actions are heard centrally before the Federal Patent Dr. Dirk Schüßler- 1. When are disputes heard by the national patent Court in Munich. Langeheine office? German Patent Office and the European Patent 3. Are validity and infringement trials heard together? Office (EPO) can only hear oppositions, no infringement No. An infringement court cannot invalidate a patent, cases. However, due to Germany s bifurcated system with and the Federal Patent Court is not entitled to adjudge infringement proceedings being separate from invalidity infringement questions. If an infringement court believes or opposition proceedings and due to the fact that an the patent will likely be invalidated in opposition or invalidation court action in Germany cannot be filed invalidation proceedings, it may stay the infringement while opposition proceedings are pending, they still play proceedings pending resolution of the opposition or an important role in the patent dispute resolution system. invalidation action. However, such stays are discretionary and most infringement courts require a very high 2. Where are the trial courts (centralised or regional)? threshold to be overcome before ordering a stay. infringement trial courts in Germany are regional (12 courts; the most popular courts being located in 4. What is the composition of the trial panel (one or Düsseldorf, Mannheim and Munich), whereas invalidation more judges/ are they specialists)? trial panels in infringement matters are composed of three judges with legal backgrounds. se judges do not normally have technical university degrees, but despite this Dr. Thorsten Bausch, Hoffmann Eitle they usually have significant experience in understanding Thorsten is both a German and European Patent Attorney and heads the even difficult technical inventions and deciding infringement chemistry department of Hoffmann Eitle. He studied chemistry at the cases, thus they are specialist judges in this sense. University of Wuerzburg, the Technical University of Munich and the composition of the Federal Patent Court in invalidation Massachusetts Institute of Technology. He concentrates on chemical, actions is a five-member specialist panel composed of pharmaceutical and biotech patents, with a particular emphasis on litigation two regular judges and three technical judges who have (both cross-border and national), oppositions, appeals and legal opinions. technical education and practical experience in the field Thorsten has been involved with cases before the EPO, the German patent at stake. courts, the German Federal Supreme Court, and the European Court of Justice. He is the editor of a book series on German case law in patent 5. Where is/are the appeal courts? invalidation matters. infringement appeal courts are specialised panels at Dr. Dirk Schüßler-Langeheine, Hoffmann Eitle the higher regional courts. Each regional court is assigned Dirk is a German Rechtsanwalt (attorney-at-law) and heads the legal to a higher regional court that hears appeals from this department of Hoffmann Eitle. He studied law, politics and Japanese court. A further appeal on points of law may be filed language and culture and has a Ph.D. in law. Dirk s main fields of expertise against decisions of the higher regional courts and these are patent litigation and licensing law. He is a patent litigator in Germany, are heard by the Federal Court of Justice in Karlsruhe. and he organizes and co-ordinates multi-jurisdictional patent disputes in Federal Court of Justice also hears appeals against Europe. He is co-editor of the compendium Patent Practice in Japan and decisions of the Federal Patent Court in invalidation actions. Europe. Liber amicorum for Guntram Rahn and author of several publications on German, European and Japanese patent and licensing law. 6. What is the composition of the appeal panel (one or more judges/ are they specialists)? Panels of three judges with no technical specialisation 34 THE PATENT LAWYER Kenneth R. Adamo Brent P. Ray Eugene Goryunov Ryan M. Hubbard ver the past year, several district courts have issued significant decisions analyzing damages for Standard Essential Patents (SEP). On December 4, 2014, the Court of Appeals for the Federal Circuit finally weighed in and addressed the issue of first impression. In the case of Ericsson, Inc. v. D-Link Sys., Inc., the Federal Circuit provided guidance on which factors should be considered during an SEP damages analysis. se factors include: proper apportionment of the value of the patent, consideration of RAND obligations, patent hold-up, and royalty stacking. But the Federal Circuit stopped short of endorsing any bright-line test or standardized set of damages factors. SEPs have received increased attention in recent years because of the unique damages issues they present. Claims of an SEP are necessarily infringed upon by products that comply with an industry standard, such as the IEEE wireless technology standard at issue in Ericsson. Because the value of an SEP may be skewed by the value of the standard as a whole, the following factors must be considered: Apportionment - As with all patents, the patent infringement damages for a feature covered by an SEP must be apportioned from other, unpatented features of the standard or product. But a royalty for an SEP 1 This article reflects only the present considerations and views of the authors, which should not be attributed to Kirkland & Ellis LLP, or to any of its or their former or present clients. Ken Adamo, Partner, Kirkland & Ellis Ken is a partner in the Intellectual Property group in Kirkland s Chicago and New York offices. His practice focuses on all areas of intellectual property law, particularly including patent, copyright, unfair competition, trade secrets, and related antitrust matters. Ken has extensive trial experience as lead counsel in jury and non-jury cases before state and federal courts and before the United States International Trade Commission, as well as ex parte and inter partes experience in the U.S. Patent and Trademark Office. He has had substantial experience as lead counsel in arbitrations and other alternative dispute resolution proceedings. Brent P. Ray, Partner, Kirkland & Ellis Brent is a partner in Kirkland & Ellis LLP's Chicago office and concentrates his practice on patent litigation. He litigates patent matters for a wide variety of clients in federal courts across the country and in the United States International Trade Commission. Eugene Goryunov, Intellectual Property Litigation Partner, Kirkland & Ellis Eugene is also based in the Chicago office of Kirkland & Ellis LLP. He is an experienced attorney who represents clients in complex multi-patent, multi-party patent litigation matters involving many diverse technologies. Ryan M. Hubbard, Intellectual Property Litigation Associate, Kirkland & Ellis Ryan is also based in Kirkland & Ellis LLP s Chicago office. He concentrates his practice on complex patent litigation in federal courts across the country. THE PATENT LAWYER 17 GLOBAL REACH Co-Published Editorial features are one or two pages stand-along in-magazine editorial contributions written by your experts with optional support from our editorial team. se articles, which can be focused on a range of suitable topics, are an ideal vehicle through which to promote your firm and demonstrate your hard earned expertise in a particular area. Patent Knowledge Share gives your firm the opportunity to feature one of your experts to answer a series of set questions all relating to patent law in your jurisdiction. For the sponsoring law firms, it is an opportunity to provide relevant high quality information to potential new clients, as readers will no doubt need clarification in certain areas and will see your firm as the patent experts in that particular region and make contact with you. Since the sponsorship is exclusive, companies seeking advice are not distracted by other law firms so your firm will be at the forefront of any action they take. Jurisdictional Briefings will allow your firm to contribute an article in every issue of the year to provide a country or jurisdictional upate on patent developments/ legislation/laws or general commentary and analysis relating to your country/ jurisdiction. Your article will be approximately 750 words and will cover a full page with the authors name, contact information, and company s brand alongside. Jurisdictional Case Law Reports are a regular (twice a year) round-up of key case law in a particular jurisdiction. article will sit with our knowledge based articles within Magazine. It will be a feature that provides a list of key cases in a given period; the article will provide a brief summary of the two main cases and then a 50 word summary of the remaining cases. contributing law firm would be required to have a good breadth of patent knowledge and over a wide area not just within the country they practice. This will be a sponsorship opportunity and allows your firm to write twice in a 12 month period and is a great opportunity to show the breadth of your firm s knowledge. Jurisdictions to be covered: North America, South America, Europe, Asia, Oceania. For editorial enquiries please call +44 (0) or jessica@ctclegalmedia.com Résumé Patent knowledge share - Germany Résumés Résumés Why now is a good time to buy patents Changing laws, political reform and new monetization models means that there has never been a better time to invest in US and EU patents. Just as long as you understand the risk involved T Co-Published Editorial Find and share the knowledge Patent knowledge share focuses on Germany, with Dr. Thorsten Bausch (Patent Attorney) and Dr. Dirk Schüßler- Langeheine (Attorney-at-Law) answering questions about patent litigation and management in this key European jurisdiction. court system Patent Knowledge Share SEPs and the need for standard damages tests Standard Essential Patents (SEPs) are back in the spotlight, thanks to the Federal Circuit s decision in Ericsson, Inc. v. D-Link Sys., Inc., where the court provided guidance on a proper damages analysis 1, according to Kenneth R. Adamo, Brent P. Ray, Eugene Goryunov and Ryan M. Hubbard. O Case Report CASE STUDY: SEPs

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