IP in the Reform Era: Managing Smarter in the Face of Sea Change

Continuously evolving venues, methods, and targets of patent litigation; the new USPTO director; patent reform bills … these are just a few factors challenging Japanese IP executives’ already complex task of trying to manage their global IP footprint smarter.

In this half-day, complimentary seminar, former USPTO Director Jon W. Dudas and a group of U.S., Japanese, and Chinese IP attorneys experienced in advising Japanese corporations decipher what really matters for Japanese businesses as U.S. patent procurement and enforcement regimes are being radically restructured. The topics included:

• The New Administration and Director Kappos – What Happens Next?
  • The effect on the Patent Reform Act of 2009
  • What will become of the Tafas v. Doll rules package and the interpretation of Bilski?
  • How might the rules on inter partes reexamination be tightened?
• Strategic Use of Inter Partes Reexamination in Patent Litigation
  • In synergy with expected procedural changes under the new USPTO director, the very high kill ratio of patents makes inter partes reexamination a very attractive alternative or parallel to district court litigation
  • Pros and cons vs. alternatives
  • Mistakes to avoid
• Strategic Measures for Effective and Efficient U.S. Patent Litigation
  • Focused discovery, management controls, and other tactical measures to achieve litigation goals without undue costs
  • Positioning a company to exit litigation early
  • Latest considerations for transferring away from certain “Rocket Dockets”
• Chinese Infringement Under the Third Amendment:
  • Milestones for claim and patent application drafting and claim interpretation based on the draft interpretation of patent infringement principles issued by the highest court in China
  • Comparative analyses of the Chinese patent law with reference to Japanese and U.S. patent principles

Guest Speakers

• Dr. Hiroshi Akimoto, former Managing Director, Takeda Pharmaceutical Company, Ltd.
• Shozo Uemura, former Deputy Director General, WIPO

Foley Speakers

• Jon W. Dudas, former Director of USPTO and Partner, IP Litigation
• Pavan K. Agarwal, Partner and Chair, Electronics
• Etsuo Doi, Partner, Electronics, Tokyo
• Stephen B. Maebius, Partner and Co-Chair, Life Sciences Industry Team
• Prof. Harold C. Wegner, Partner, Chemical & Pharmaceutical
• Yan Zhao, Senior Counsel, Electronics, Shanghai

For specific information on the content of this seminar, contact Konomi Kaji at kkaji@foley.com.