Patenting Business Methods in the Financial Services Industry

Foley is proud to sponsor the 4th Annual Patenting Business Methods in the Financial Services Industry conference in New York City on July 24–25. Hear experts provide in-depth analysis of the most important recent decisions in patent and case law and evaluate the patent reform process. They will also explain how the upcoming changes in patent law will affect how to manage an IP portfolio, conduct freedom-to-operate due diligence, enforce patents and defend against infringement.

Program Highlights:

• Navigate the prosecution process with insider tips directly from directors of the U.S. Patent and Trademark Office and the European Patent Office
• Forecast the impact of recent case law on the financial services industry
• Understand the shifting and highly uncertain terrain of both the legislative and judicial fronts of patent reform
• Pursue the right patents for your business, and develop patent strategies that complement your business strategies and fuel growth
• Formulate a strategic response to patent predators and frivolous lawsuits
• Establish and implement a sustainable IP program within your organization
• Draft claims that will maximize protection of your business method patents and increase their value in litigation and licensing
• Understand what types of business method patents are being issued in the financial services industry as well as other industries

Where to Find Foley:

Tuesday, July 24, 2007, 3:30 p.m.
Successfully Pursuing and Defending Patent Infringement Claims
How do you know if a business method patent covers something truly new or is just another logical incremental step taken by you and others in response to underlying enablers? The value of a patent on a business method depends on the prior art, the quality of patent office examination, the status of applicable case law, the judicial forum and the impact on the relevant market. Economic advantage is derived from exclusivity or royalties on one hand or freedom to operate or relief from royalties on the other. Often, it takes many years for the dynamics of patent assertion to play out. Working in this environment requires consideration of the following real-world aspects that will be explored in this presentation, including:

• Interpreting and leveraging the latest judicial and legislative developments
• Knowing the USPTO guidelines for examining business method patents
• Understanding uses and abuses of the patent system
• Proving and limiting damages
• Being preemptive as a patent owner or an alleged infringer
• Harvesting tacit knowledge and using it offensively or defensively
• Doing competitive intelligence and gap analysis
• Using the right tools to mine, map and target innovations
• Dealing with patent prior art and defensive publications
• Doing matrix assessment to characterize and position a portfolio
• Using licensing and counter-assertion to gain revenue or freedom to operate

Presenters:

• Pavan Agarwal, Partner and Chair of Electronics Practice, Foley & Lardner LLP
• Stephen Fox, Of Counsel, Foley & Lardner LLP, Former Vice President & Deputy General Counsel for Intellectual Property for Hewlett-Packard Company 

Wednesday, July 25, 2007, 2:00 p.m.
Insights on Patent Prosecution: The USPTO Perspective on Issues and Best Practices

This session will focus on how to navigate the statutory subject matter issue after Ex Parte Lundgren, will explore strategies to streamline the patent prosecution process with the examiner, and will explain the trend for business method patent filing and approvals in the USPTO relative to other technologies. This presentation will also focus on how to draft claims that will maximize protection of business methods and increase their value in litigation and licensing. Strategies will also be explored for building mini-portfolios for key patents. Focus points of this session include:

• Navigating the statutory subject matter issue after Ex Parte Lundgren • Tips to streamline the patent prosecution process with the examiner • Understanding new prosecutions procedures and rules • Trends for business method patent filing and approvals – the USPTO view vs. the counsel view • Drafting claims to maximize protection of your business methods and increase their value in litigation and licensing • Building mini-portfolios for key patents

Presenters:

• Wynn Coggins, Director, Technology Center 3600, U.S. Patent & Trademark Office
• Bill Ellis, Partner, Foley & Lardern LLP