IP in the Reform Era: IP on the Cusp of the Next Evolution

Join Foley for the next program in our IP in the Reform Era 2014 seminar series to discuss:

• New Patent Strategies to Deal with High Impact Supreme Court Patent Decisions
  • Teva v. Sandoz: Will the Supreme Court set a new appellate claim construction standard in 2015 to overrule Lighting Ballast?
  • The practical effects of the decisions of the previous term
    –  Nautilus v. Biosig: How to Draft Patents to Avoid § 112(b) “Indefiniteness”
    –  Limelight v. Akamai: Internet Claim Drafting to Avoid the “all elements” rule
  • Alice v. CLS Bank: Redefinition of the scope of patent-eligibility under § 101
  • Octane Fitness — Impact of loser-pays “fee shifting”
• How to Combat Patent Trolls
  • The current state of patent legislation to deal with “trolls” and practical impact of such legislation
  • Practical methods of dealing with NPEs, e.g., management of a joint defense group
• Recent Developments in PTO Post-Grant Proceedings
  • Detailed analysis of cutting edge decisions of the PTAB on its procedures for IPRs/CBMs
  • Introduction of new claims and evidence
  • Other procedural issues that are outcome-determinative to the result
  • The coming wave of CAFC appellate decisions
• Secure IP Value in Licensing Transactions through Trademark Due Diligence
  • Fundamental concepts of trademark due diligence
  • Reasons to conduct trademark due diligence
  • Critical issues involving trademark licensing and related agreements
• A Deeper Look at Trade Secret Misappropriation
  • Overview of trade secret misappropriation in the U.S.
  • Best practices for a U.S. subsidiary to protect itself
• Key Considerations for eDiscovery in Patent Litigation
  • The role of eDiscovery vendors
  • The latest practical advice concerning eDiscovery document retention policies

Short Summary: The U.S. Supreme Court is having an unprecedented year, taking on a number of cases that examine a wide variety of IP issues related to asset protection. Discussions surrounding patent trolls have escalated to the next level. Inter partes review (IPR) — despite it only being two years since it was introduced by AIA in 2012 — and covered business method (CBM) filings also have increased steadily. Not to mention that the race is on in terms of Tokyo 2020 Olympic sponsorships, along with the need to reevaluate trademark licensing and due diligence for your company’s core IP assets.

Even with an air of uncertainty as to the long-term effects of all of these issues facing a wide range of industries, it is possible to gain insight from these developments to date, as well as best practices that Japanese business leaders can enact to ensure that they have the ability to effectively protect and leverage IP innovations.

Foley Speakers

• Pavan K. Agarwal, Chair, IP Department
• Etsuo Doi, Co-Managing Partner, Tokyo office
• Jeffrey H. Greene, Chair, Trademark, Copyright & Advertising Practice
• Michael D. Kaminski, Co-Managing Partner, Tokyo office
• Stephen B. Maebius, Partner, IP Department
• Kristel Schorr, Vice Chair, Chemical, Biotechnology & Pharmaceutical Practice
• Harold C. Wegner, Partner, IP Department

This seminar is offered free of charge to Foley clients and key contacts, but pre-registration is required. Please contact Delia Dai at ddai@foley.com for more information.

Foley & Lardner LLP will apply for CLE credit after the program, wherever applicable. Foley & Lardner LLP certifies that this activity has been approved for California MCLE credits by the State Bar of California in the amount of four General credit(s). Foley & Lardner LLP is a State Bar of California MCLE approved provider. Please note that participants must be in attendance on the date of the event; credit may not be obtained by viewing and/or listening to a program recording after the event.

For specific information in English or Japanese on the content of this seminar, please contact Tamaki Honda or thonda@foley.com.