The Issues discussed at the 2017 Patent Experts conference are set forth below. Following each of the issues are papers accepted by The Naples Roundtable and posted to stimulate discussion and debate during the conference. The papers posted here represent the views of the authors and do not necessarily reflect the views of The Naples Roundtable, its officers and directors, its Advisory Board members, or any other participant in Naples Roundtable activities. It is the responsibility of the authors to note on the first page whether any paper was prepared on behalf of a client or third person or organization.
Issue I FRAND/SEP Litigation — Policy Struggles. Sorting out today’s problems.
Extra-Jurisdictional Remedies Involving Patent Licensing
Standard Essentail Patents and Market Power
Issue II The impact of recent changes to the Federal Rules of Civil Procedure? Have the changes simplified litigation? Have they impacted the cost of litigation? Curbing frivolous litigation. What is working and what is not?
Sedona WG10 Patent Lit Best Practices-Heightened Pleading Stnds Ch. (May 2016 publ comm)_05-23-16
Sedona WG10+9 Patent Lit Commentaries – Exec Summary – 11-14-16 ver (links)
Issue III The impact of recent decisions giving greater power to the district courts. The impact of new standards for enhanced damage awards, awards of attorneys’ fees and for review of claim construction rulings (Octane, Halo and Teva). How best to proceed and how best to protect your client? Will this encourage or discourage more litigation and/or NPE litigation?
Seeking Guidance on Willfulness after Halo and Stryker –Look to the Past by Andrew S. Baluch
Naples Conf 2016 Recent Developments in Claim Construction_(44711542_2)
Sedona WG10 Exceptional Case Determination Section (Oct. 2016 publ comm)…
AIPLA Patent Stats 2017 Mid-Winter Paper
Sedona WG10 Patent Lit Best Practices-Intro Ch. (July 2015 ed)_07_21_15
A Trend Towards Abuse of Discretion Review
Issue IV Section 101 issues. Abstract ideas? Products of nature? Diagnostic tests? Medical Procedures? Computer software (is this a dead area for protection?
Section 101 USPTO Roundtable Speaking Points
At Stanford, Patent Experts Sound Off on Section 101 (Corporate Counsel 12-06-2016)
Sedona WG10 Patent Lit Best Practices-Sect 101 Motions (Sept. 2016 publ comm)_09-26-16
Issue V Is there a growing anti-patent sentiment? Impact on the system? Impact on International Competition? Evaluating international litigation.
Creating a Patent System Fostering Only Pro-Patent Sentiments by Robert A. Armitage
Issue VI Comparative Law Forum – Current Topics in Comparative and International Law.
Best Strategies in Europe in View of BREXIT by Heinz Goddar
The Impact of Brexit on Intellectual Property
Strategic patent prosecution in Brazil by Licks Attorneys
Injunction and Damage in Brazilian Patent Infringement by Liliana Roriz and Otto Licks
Japanese Perspective by Dr. Shoichi Okuyama
JPO Presentation by Yoshinori Kamiya
Issue VII New Federal Trade Secret laws.
Pooley treatise excerpt re DTSA
DTSA REVIEW FOR INSIDE COUNSEL
[29] Riley Survey of Trade Secret Investigations at ITC
Issue VIII PTAB – Current issues. Has the process stabilized? Impact on Pharma’s molecule patents today? Use of Rule 36 affirmances in PTAB appeals? Is the Federal Circuit affirming most of the PTAB decisions? What have we learned from initial filings of PGRs
Chapter Two New Global Patent Landscape by Robert Greene Sterne
State of the Patent Trial and Appeal Board by Scott Boalick
Issue IX Impact of PTAB proceedings on handling of District Court litigation and how courts can/should handle multi party cases where only some of the defendants have filed IPRs. Estoppel implementation, particularly when all claims not considered or all prior art not considered?
Sedona WG10 Patent Lit Best Practices-Parallel USPTO Proceedings Ch. – Stg 1 (Oct 2016 ed)_10-15-16