ALI-ABA Audio Seminar Bankruptcy Law As It Applies to Patent Disputes August 12, 2009 Telephone Seminar/Audio Webcast AGENDA FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS TABLE OF CONTENTS 1. Bankruptcy Law As It Applies to Patent Disputes By Kenneth A. Godlewski and Mark D. Taylor 2. In re Spansion Memorandum (Case No. 09-10690; June 2, 2009) By Hon. Kevin J. Carey, United States Bankruptcy Judge, United States Bankruptcy Court for the District of Delaware Submitted by Kenneth A. Godlewski Page ix xi xiii 1 13 vii
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ALI-ABA Audio Seminar Bankruptcy Law as It Applies to Patent Disputes Wednesday, August 12, 2009 Telephone Seminar/Audio Webcast PROGRAM (All Times Eastern Daylight) 1:00 pm Bankruptcy Law as It Applies to Patent Disputes --Panel Discussion 1:50 pm Audience Questions 2:00 pm Adjournment ix
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ALI-ABA Audio Seminar Bankruptcy Law as It Applies to Patent Disputes Wednesday, August 12, 2009 Telephone Seminar/Audio Webcast PLANNING CHAIR Kenneth A. Godlewski, Esquire Kilpatrick Stockton, LLP 607 14th St NW, Suite 900 Washington, DC 20005 FACULTY Alan Ratliff, Esquire Mark D. Taylor, Esquire StoneTurn Group LLP Kilpatrick Stockton, LLP One Shell Plaza, Suite 4905 607 14th St NW, Suite 900 910 Louisiana Street Washington, DC 20005 Houston, TX 77002 xi
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Planning Chair FACULTY BIOGRAPHIES Kenneth A. Godlewski, Esquire Partner Kilpatrick Stockton, LLP Washington, DC A partner and member of Kilpatrick Stockton's Intellectual Property Practice Group, Mr. Godlewski specializes in patent litigation and has acted as first chair counsel in both Markman hearings and patent trials before juries and the bench since 1994. Prior to joining his firm, he was a trial attorney with an Ohio patent firm and served as the first law clerk for now-chief Judge Paul R. Matia, U.S. District Court for the Northern District of Ohio (1991-1993). His experience includes representing Citigroup against Net MoneyIN in the District of Arizona defending against credit card authorization patents (resulting in 2002 dismissal of Citigroup from the multi-defendant action) and conducting direct and cross examination of witnesses during the 3-month bench trial in Smith & Nephew v. Synthes (resulting in finding of infringement under client's orthopedic patents). Mr. Godlewski's writings include "Expedited Patent Litigation: When Justice Delayed is Justice Denied" (Intellectual Property Today, May 2004) and "Rules for Managing IP after Enron" (www.managingip.com, November 2003; co-authored with Stacey Rabbino). He is a contributing author to Lawyer's Cooperative Federal Practice Guide, "Federal Civil Procedure and Practice During Trial" through the American Inns of Court. A former instructor/advisor in intellectual property at the University of Akron College of Law, Mr. Godlewski has spoken for ALI-ABA and other continuing legal education providers. Faculty Alan Ratliff, Esquire Partner StoneTurn Group LLP Houston, TX Mr. Ratliff, a CPA-JD, is a consultant and testifying expert witness on economic damages, accounting, business custom and practice, and valuation issues, as well as a forensic accountant. In addition to serving as a court appointed Special Master, arbitrator and mediator, he speaks and writes regularly on accounting, damages, valuation and IP issues including in publications of the American Bar Association, the Houston and Texas Tech Law Reviews, and international trial and technology journals. He has spoken at numerous litigation and IP conferences and has chaired or worked on the local boards of the Federal Bar Association, Houston Bar Litigation Council, and the American Corporate Counsel Association. Mr. Ratliff has his undergraduate and graduate degrees in accounting from Baylor University (Magna and Summa Cum Laude, respectively) and his law degree from Southern Methodist University (Cum Laude), where he was a member of the Order of the Coif xiii
and a managing editor of the Law Review. He is active in the community by focusing on education and the arts, serving or chairing the boards of Girls Incorporated, the Chinquapin School, Lawyer's in Public Schools, the Baylor University Development Council, Theatre Under the Stars, and Texas Accountants and Lawyers for the Arts. Mark D. Taylor, Esquire Partner Kilpatrick Stockton, LLP Washington, DC A partner at Kilpatrick Stockton, Mr. Taylor focuses his practice on Chapter 11 reorganization and financial restructuring and includes representation of debtors, Chapter 11 trustees, official committees, secured lenders and insurers. He also has significant health care bankruptcy experience and is considered a leading authority on mass tort bankruptcies in a variety of industries, including asbestos. A member of the American Bankruptcy Institute, INSOL and the Virginia State Bar (Bankruptcy Law Section), Mr. Taylor has served as Chapter 11 trustee in matters involving thousands of consumers and investors, including being trustee of formerly the largest credit counseling agencies in the nation. He has written and spoken for numerous CLE entities, including serving as an Advisory Board Member in national seminar sponsored by the American Bankruptcy Institute and the Georgetown University Law Center. Mr. Taylor is listed in The Best Lawyers of America his exemplary work in bankruptcy law, and was named to Washingtonian magazine s Top Lawyer listing in 2007. He earned his J.D., Order of the Coif, from the University of Utah College of Law and his B.A. from Boise State University. Mr. Taylor is admitted to the bar in Utah, Colorado, Virginia, and the District of Columbia, as well as numerous federal and bankruptcy courts. xiv