china india japan U.S. PATENT LITIGATION TRAINING PROGRAM FOR ASIAN CORPORATIONS September 22-26, 2014 korea taiwan united states finnegan, henderson, farabow, garrett & dunner, llp 901 new york avenue, nw washington, dc 20001
EIGHTH ANNUAL U.S. PATENT LITIGATION TRAINING PROGRAM FOR ASIAN CORPORATIONS Knowing how to effectively conduct a patent litigation in the United States is a vital component in developing an elite patent protection plan for your company. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, has created a highly interactive course that not only makes the subject entertaining, but also increases your ability and confidence in effectively communicating with and instructing your U.S. counsel. During this intensive five-day program, you will learn the principles of U.S. patent litigation, as well as observe and participate in mock demonstrations of those principles. During numerous practical exercises, you will follow the progress of a hypothetical U.S. patent infringement litigation, starting with what happens before the lawsuit is filed, all the way through the appellate process. You will observe and participate in mock depositions, Markman and summary judgment hearings, settlement negotiations, trials, and appeals. You will actively assist in supervising one of the litigation teams. A special focus of this program is to provide training on how you, as the in-house representative of your company, can effectively manage your U.S. patent litigation counsel. The course also focuses on how to effectively coordinate the needs of your company in balancing the requirements of the litigation. As part of the program, you will visit the U.S. District Court for the Eastern District of Virginia (the famous Rocket Docket ), the U.S. Court of Appeals for the Federal Circuit, and the U.S. International Trade Commission (ITC). The class will have a unique opportunity to meet privately with judges to hear their personal stories and to ask questions. Attendance is limited to maximize your contact with course instructors and other attendees. WHY THIS TRAINING PROGRAM IS DIFFERENT FROM OTHER COURSES You will actively participate in supervising a litigation team and work with fellow attendees in deciding how to manage your team to victory. The course is specially designed to provide training on the unique needs of Asian corporations litigating in the United States. The highly interactive program, led by experienced litigators, covers all aspects of U.S. patent litigation and provides practical advice and extensive educational materials.
PROGRAM TOPICS INTRODUCTION TO THE U.S. JUDICIAL SYSTEM AND U.S. PATENT LAW Overview of the U.S. judicial system and introduction to a hypothetical patent litigation. Discussion of the fundamental principles of patent infringement, affirmative defenses, and available remedies. PRELITIGATION STRATEGIES Advice on how to accurately assess the worth of a patent lawsuit, conduct a prefiling investigation, and evaluate risk. Discussion of where to file the lawsuit and the timing and cost of a typical lawsuit. LICENSING STRATEGIES Practical lessons for generating and increasing value from intellectual property (IP) through licensing, which can be a significant revenue source for companies. Attendees will learn strategies to identify and protect their IP, and how to avoid common mistakes when monetizing IP assets. AMERICA INVENTS ACT Insight into the America Invents Act (AIA) and the U.S. Patent and Trademark Office s (USPTO) regulations implementing the AIA. Will discuss first-inventor-tofile, post-grant review proceedings, and third-party submissions. PATENT TRIAL AND APPEAL BOARD (PTAB) Overview of trial procedures to request review of the patentability of issued patents before the USPTO: inter partes review (IPR) and post-grant review (PGR), including the transitional program for Covered Business Method (CBM) patents. Advice on coordinating strategy between PTAB proceedings and district court litigation or investigations at the ITC. NOTICE LETTERS, OPINIONS OF COUNSEL, AND WILLFUL INFRINGEMENT Factors to consider before sending a patent infringement notice, how to write notice letters, and how to respond to a notice letter. Advice on how to avoid willful infringement, use of opinions of counsel in the United States, and requirements for opinions of counsel in the United States. DISCOVERY Strategic use and demonstration of discovery techniques in U.S. litigation, and use of U.S. discovery in other jurisdictions. Particular emphasis on responding to document requests and coordinating depositions of corporate employees. PRIVILEGE ISSUES Discussion of privilege in the United States versus privilege in Asia. Emphasis on privilege accorded to communications of Asian patent practitioners. MARKMAN HEARINGS Advice on timing and strategic use of Markman hearings in not only obtaining the preferred claim construction, but also moving a case toward the desired outcome, including a favorable settlement. Demonstration of a typical Markman hearing as part of a summary judgment proceeding. SETTLEMENT NEGOTIATIONS Strategies for settling a litigation, including knowing when there may or may not be a desired outcome, and maximizing your chances to obtain a favorable settlement. JURY TRIAL Demonstration and discussion of trial preparation, selecting witnesses, selecting the jury, motions in limine, opening arguments, direct examination, cross-examination, and closing arguments. Visit to the famous Rocket Docket, the U.S. District Court for the Eastern District of Virginia. POSTJUDGMENT PROCEEDINGS Discussion of typical postjudgment proceedings, including motions for judgment as a matter of law, attorneys fees, and prejudgment interest. APPEALS TO THE U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Overview of the appellate process, practical advice for presenting a successful case on appeal, and demonstration of appellate argument. Visit to the Federal Circuit. U.S. INTERNATIONAL TRADE COMMISSION (ITC) Discussion of the unique role played by the ITC in U.S. patent law, including advantages and disadvantages of patent litigation at the ITC. Visit to the Commission. COORDINATING GLOBAL LITIGATION Practical advice on how to coordinate global litigation and the benefits of coordination. Will discuss implications and nuances of foreign law in global prosecution and U.S. litigation, including choice-of-law analysis, foreign privilege law and the applicability of the privilege to foreign patent files, and maximizing privilege protection.
PROGRAM AGENDA *Schedule is subject to change. MONDAY 08:30 Registration 09:00 Introduction to Course 09:15 Questions to Audience/Fact Pattern 09:45 Introduction to U.S. Legal System 10:30 Break 10:45 Mock Patent Owner Meeting 11:00 Introduction to U.S. International Trade Commission 11:45 Prelitigation Strategies 12:30 Lunch 13:00 Mock Patent Owner Meeting 13:15 Licensing Strategies 14:00 Breakout Session: Plaintiff and Defendant Group Meetings 15:30 Welcome Reception TUESDAY 08:30 Relevant Points of U.S. Law 09:30 Mock Accused Infringer Meeting 09:45 Discovery 10:30 Break 10:45 Breakout Session: Plaintiff and Defendant Group Meetings 11:00 Mock Deposition 11:30 Opinion of Counsel 12:30 Lunch 13:30 Nonpracticing Entities and Notice Letters 14:30 Segway Tour of Washington, D.C. 17:30 Dinner WEDNESDAY *Court tour times subject to change. 08:15 Introduction to U.S. Patent Courts 10:30 Tour of U.S. District Court for the Eastern District of Virginia 12:15 Lunch 14:00 Tour of U.S. Court of Appeals for the Federal Circuit 16:00 Tour of U.S. International Trade Commission THURSDAY 08:30 Settlement, Mediation, and Arbitration 09:15 Breakout Session: Settlement Strategy/Authority 09:45 Mock Settlement Meeting 10:15 Markman/Summary Judgment 11:15 Break 11:30 Mock Markman/Summary Judgment Hearing 12:30 Lunch 13:15 Trial 14:15 Mock Pretrial Hearing/Motion in Limine 15:15 Break 15:30 Breakout Session: Strategy Meeting with Litigation Teams 16:00 Mock Opening Arguments 17:30 Dinner FRIDAY 08:30 America Invents Act 09:15 Patent Trial and Appeal Board (PTAB) 10:00 Remedies 10:45 Break 11:00 Appeals 11:45 Closing Comments 11:45 Graduation Ceremony 12:30 Group Photo COURSE INSTRUCTORS Robert L. Burns Patrick J. Coyne Donald R. Dunner Elizabeth D. Ferrill Barry W. Graham Robert A. Hall Doris J. Hines Thomas L. Irving Gerald F. Ivey D. Brian Kacedon Christine E. Lehman Esther H. Lim John D. Livingstone Gary C. Ma James B. Monroe Edward J. Naidich Erik R. Puknys Andrew C. Sonu Richard L. Stroup Charles H. Suh Ningling Wang E. Robert Yoches Naoki Yoshida
REGISTRATION INFORMATION U.S. Patent Litigation Training Program for Asian Corporations September 22-26, 2014, Washington, DC Registration Fee and General Information The program registration fee is US$1,500, which includes all course materials and agenda activities. Register Now Hotel Information To reserve a hotel room near Finnegan s office at a discounted rate, please contact Ultramar Travel by email ultramar.travel@ultramartravel.com, and identify yourself as an attendee of the Finnegan U.S. Patent Litigation Training Program for Asian Corporations. Hotels near Finnegan s office include: Embassy Suites 900 10th Street, NW Washington, DC 20001 1 202 739 2001 US$299* Renaissance Hotel 999 Ninth Street, NW Washington, DC 20001 1 202 898 9000 US$309* Cancellation Policy All cancellations must be received in writing. Registration fees are non-refundable after August 22, 2014. Hampton Inn 901 6th Street, NW Washington, DC 20001 1 202 842 2500 US$299* Four Points by Sheraton 1201 K Street, NW Washington, DC 20005 1 202 289 7600 US$302* *Estimated hotel rates For More Information For further details on program speakers, program topics, and additional activities, visit www.finnegan-asia.com. Guest Policy One of the objectives of this program is to provide opportunites for social interactions, including networking at dinners and lunches. Spouses and partners are welcome at some events. We ask that children under the age of 18 not participate in the social activities. Atlanta Boston London Palo Alto Reston Shanghai Taipei Tokyo Washington, DC www.finnegan.com