IP CLE—From California to Washington, D.C., and Back

4 CLE credits.

Complimentary; however, a $40 donation to the Eisenberg Loan Repayment Assistance Program would be appreciated. Your gift can be made online (there is a dropdown box) – use the dropdown write-in feature to indicate Eisenberg LRAP Fund. Visa, MasterCard, Discover, and American Express accepted. A check payable to Marquette Law School can be mailed to Marquette Law School, Eckstein Hall, Att’n: IP CLE Program, PO Box 1881, Milwaukee, WI 53201-1881.

8:30am, registration & coffee

9 to 9:50am
Global Patent Litigation: How and Where to Win. Michael C. Elmer, L’70
Finnegan Henderson Farabow Garrett & Dunner, LLP

Our ever-expanding global economy, together with U.S. forum shopping and the availability of data metrics, is transforming the global patent litigation landscape. This session will touch upon global forum shopping, data metrics and litigation tools, developments in global patent litigation by regions and industry, total patent infringement claim and damage valuation, and the rise of non-practicing entities (NPEs).

9:55 to 10:45am
New Adjudicative Procedures for Challenging the Patentability of Issued Patents
Hon. Barry Grossman, Patent Trial and Appeal Board, United States Patent & Trademark Office

The 2011 Leahy-Smith America Invents Act (AIA) established new adjudicative procedures for challenging the patentability of issued patents. For the first time in the more than 200-year history of the U.S. patent system, issued patents may be challenged in post-grant proceedings before a panel of three Administrative Patent Judges at the newly created Patent Trial and Appeal Board. These trial proceedings are an alternative to challenging patent validity in a federal district court. As described in one publication, the AIA “did more than create a faster, cheaper alternative to district court litigation, it gave birth to a new court that’s becoming more important than legislators ever imagined.” This presentation will address effective advocacy before the Patent Trial and Appeal Board.

Break with snacks

11:00 to 11:50am
Post Octane Fitness and Highmark Awards of Attorney Fees Under Section 285, and the Recent Halo Decision on Enhanced Damages Under Section 284
Ted Breiner, L’79, Breiner & Breiner, L.L.C.

This discussion of the Supreme Court’s rebuke of the Federal Circuit’s “rigid” tests for attorney fees and enhanced damages will focus on the state of the law and how it affects your trial practice.

11:55 to 12:45pm
The Art of War: Crafting A Winning Strategy in IP Litigation
Adrian Pruetz, L’82, Glaser Weil LLP

Intellectual property litigation is as much about strategy as it is about the facts. This session will focus on how to develop a winning litigation strategy, beginning with case intake, through discovery, and concluding with trial, and will include tips, tricks, and war stories amassed over 30-plus years litigating complex, high-profile, patent, trademark, copyright, and trade secret matters.

12:45 to 1pm, Q&A.