Law Seminars International Presents: The Fourth Annual Comprehensive Two-Day Conference on

Standard Setting & Patent Pools
Key legal and business developments

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)



October 2 & 3, 2008
Hilton Arlington Hotel in Arlington, VA

Who Should Order This Homestudy

Any participant in standard setting organizations or patent pools including in-house counsel, IP and technology lawyers, technology executives and engineers

Why Order

All firms that rely on intellectual property rights face increasing challenges when dealing with standard setting and patent pools.

Standard setting and patent pool issues are becoming part and parcel of licensing formation, disputes, and IP litigation. Probably no other area of antitrust law involves as many high profile government and litigation disputes.

Standard setting and patent pools involve collaborations among competitors and frequently result in antitrust and intellectual property disputes. Antitrust enforcers have renewed attention to these endeavors and the "rules of the road" are continually evolving.

This fourth annual two-day conference features top government regulators, legal practitioners and representatives from companies that deal with standard setting and patent pools. The faculty will give an overview of how standards are agreed upon and how patent pools are formed to license the patents necessary to practice these standards. The program also addresses the antitrust hurdles that patent pools must clear. Real-world examples involving the recent D.C. Circuit decision in Rambus, the FTC N Data case, other Rambus related litigation, the Broadcom v. Qualcomm case, recent DOJ business review letters, among others, will be reviewed.

~ David A. Balto, Esq. and Eric A. Prager, Esq., Program Co-Chairs

You Will Learn About



Agenda

Thursday, October 02, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

David A. Balto, Esq., Program Co-Chair
Attorney at Law / Washington, DC

Eric A. Prager, Esq., Program Co-Chair
K&L Gates LLP / New York, NY

 
8:45 am

Regulatory and Case Law Update

Case law overview with emphasis on how concepts in business review letters have fared in the courts

Geoffrey D. Oliver, Esq.
Jones Day / Washington, DC

Scrutiny of standards-setting activities in the context of private patent/antitrust litigation and government anti-trust enforcement

David A. Balto, Esq., Program Co-Chair
Attorney at Law / Washington, DC

 
9:45 am

Break

 
10:00 am

Patent Pools and Standards Bodies: Connections and Disconnections Between How They Are Supposed to Work and How They Actually Work

Situations where disconnects develop between goals and actual results, and how to avoid them

Chuck Powers, Director, Standards Strategy
Motorola Inc. / Schaumburg, IL

Jack A. Lenell, Esq.
Standards Law Group / Fort Collins, CO

Roberto Dini, Esq., President and CEO
Metroconsult srl / None Torinese, TO Italy

Monica M. Barone, Esq., Senior Legal Counsel, Intellectual Property Rights Policy and Compliance
Qualcomm Incorporated / San Diego, CA

 
11:15 am

Special Address: The Evolving Policy and Enforcement Challenges in Standard Setting and Patent Pools

Buy-side and sell-side horizontal arrangements; questions that arise respecting whether and when per se illegality can be avoided

The Hon. J. Thomas Rosch, Esq., Commissioner
Federal Trade Commission / Washington, DC

 
12:00 pm

Lunch (on your own)

 
1:15 pm

European Union Update: Antitrust Issues Involving Standard Setting as an Increasing Focus of EU Antitrust Enforcement Agenda

Recent initiatives including investigations of Qualcomm and Rambus; guidance from past enforcement actions on several cutting edge issues

Kevin Coates, Head of Antitrust Media Unit
European Commission-DG Competition / Brussels, Belgium

Damien Geradin, Esq., Ph.D.
Howrey LLP / Brussels, Belgium

 
2:15 pm

Dealing with Government Agencies

Latest developments from the agencies on standards setting and patent pooling

Frances E. Marshall, Esq., Special Counsel for Intellectual Property, Antitrust Division
U.S. Department of Justice / Washington, DC

Melanie Sabo, Anticompetitive Practices Division
Federal Trade Commission / Washington, DC

 
3:15 pm

Break

 
3:30 pm

Negotiating Royalties Before the Standard is Set

Why and how standards development organizations should permit and facilitate collective negotiation for patent claims; engage in collective negotiations without material antitrust risk; operate their own patent

David A. Balto, Esq., Program Co-Chair
Attorney at Law / Washington, DC

Robert Skitol, Esq.
Drinker Biddle & Reath / Washington, DC

Richard S. Taffet, Esq.
Bingham McCutchen LLP / New York, NY

John M. Skenyon, Esq., Principal
Fish & Richardson P.C. / Boston, MA

 
4:30 pm

Closing Arguments: A Mock Trial of FTC v. N Data and the Scope of Licensing Obligations and the Application of These Rules to Non-Practicing Entities

FTC perspective

Patrick J. Roach, Deputy Assistant Director Anticompetitive Practices
Federal Trade Commission / Washington, DC

N Data perspective

William J. Kolasky, Esq.
Wilmer Cutler Pickering Hale and Dorr LLP / Washington, DC

Judges' perspective

Christine A. Varney, Esq.
Hogan & Hartson, LLP / Washington, DC

Minda R. Schechter, Esq.
Connolly Bove Lodge & Hutz LLP / Los Angeles, CA

 
5:30 pm

Continue the Exchange of Ideas: Reception for Attendees and Faculty Sponsored by David A. Balto, Attorney at Law and Kirkpatrick & Lockhart Preston Gates Ellis LLP

 

Friday, October 03, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Patent Pool Formation and Mangement

Overview: Ten years after the DOJ established a set of standards for patent pool formation and management, and eight years after providing guidance, what has been learned about how to manage patent pools without creating antitrust risk?

Garrard R. Beeney, Esq.
Sullivan & Cromwell LLP / New York, NY

Insider views of patent pool administration

William L. Geary, Jr., Esq., Vice President, Business Development
MPEG LA, LLC / Chevy Chase, MD

Susan Gibbs, Esq., Intellectual Property Licensing Attorney
Via Licensing Corporation / San Francisco, CA

 
10:15 am

Break

 
10:30 am

Tips for Determining 'Reasonable' Royalties

The impact of recent case law on the economic analysis of determining a 'reasonable' royalty and the practical impact on licensing negotiations

Richard H. Wolfram, Esq.
Attorney at Law / New York, NY

Hal J. Singer, Ph.D., President
Empiris LLC / Washington, DC

Russell W. Mangum, III, Ph.D., Vice President & Director
Nathan Associates Inc. / Irvine, CA

 
11:15 am

Special Address: The DOJ View on the Intersection of IP and Antitrust

What do antitrust and IP lawyers need to know as standards become a subject of litigation?

Avery Gardiner, Esq., Counsel, Antitrust Division
U.S. Department of Justice / Washington, DC

 
12:00 pm

Lunch (on your own)

 
1:15 pm

FTC v. Rambus

The DC Circuit's decision to reverse the FTC's Rambus decision

Sean P. Gates, Esq.
Morrison & Foerster LLP / Los Angeles, CA

 
2:00 pm

Putting It All Together: Key Takeaways

An antitrust and IP lawyer discuss the key takeaways for both types of practitioners

David A. Balto, Esq., Program Co-Chair
Attorney at Law / Washington, DC

Eric A. Prager, Esq., Program Co-Chair
K&L Gates LLP / New York, NY

 
2:30 pm

Ethics

Special ethics issues for attorneys participating in patent pools and standards-setting bodies, including identifying and avoiding conflicts of interest, protecting privilege and avoiding malpractice through good ethical practices

Eric A. Prager, Esq., Program Co-Chair
K&L Gates LLP / New York, NY

 
3:30 pm

Evaluations and Adjourn

 


Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This program qualifies for 12 VA CLE credits including 1 ethics. Upon request, we will apply for CLE credits in other states and other types of credits.



Cost

Our complete Homestudy Course, consisting of a DVD recording and the written course materials, is available for $1255. The written course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy



Faculty Bios

David A. Balto, Program Co-Chair and attorney at law in Washington, DC, focuses on antitrust and trade regulation and intellectual property litigation and represents pharmaceutical companies on pricing, distribution, mergers and joint ventures. Previously, he was Policy Director of the Bureau of Competition of the Federal Trade Commission.

Eric A. Prager, Program Co-Chair, partner at K&L Gates LLP, focuses on counseling, licensing, and litigation of intellectual property rights. He represents one of the Big Four record companies in its digital content delivery and standard setting initiatives.

Avery W. Gardiner serves as Counsel to the Assistant Attorney General in the Antitrust Division of the U.S. Department of Justice. She is the front office liaison to the Division's Appellate; Policy; Networks & Technology; Transportation, Energy and Agriculture; and Litigation 1 sections.

The Hon. J. Thomas Rosch, Special Address, Commissioner of the Federal Trade Commission, has antitrust and trade regulation law expertise and was lead counsel in numerous federal and state court antitrust cases. He was named "Antitrust Lawyer of the Year" by the California State Bar Antitrust Section.

Richard H. Wolfram is an independent lawyer based in New York City. He provides counseling and litigation expertise in antitrust to corporations, professional organizations and other entities. Recent work includes several cutting-edge antitrust standard setting matters.

Monica M. Barone, Senior Legal Counsel in the Intellectual Property Rights Policy and Compliance Division of Qualcomm Incorporated, focuses on IP and standards policy.

Garrard R. Beeney, partner with Sullivan & Cromwell LLP, is chair of the firm's Intellectual Property and Technology Group. He has litigated IP and antitrust law cases, representing both plaintiffs and defendants in infringement actions.

Kevin Coates, Head of Antitrust Media Unit in DG Competition at the European Commission, focuses on antitrust and merger policies. Previously, he worked for the Director General of DG Competition handling communication policies. He was European Counsel for AOL Europe and worked for City of London law firm Lovells.

Roberto Dini, President and CEO of Sisvel, also founded Metroconsult, a patent and trademark firm with offices throughout Italy.

Sean P. Gates, member of Morrison & Foerester LLP's Antitrust and Competition Law group, focuses on litigation, representation of parties before federal and state antitrust enforcement agencies, and counseling, with emphasis on matters involving the intersection of antitrust and intellectual property.

William L. Geary, Jr., a patent attorney, is Vice President of Business Development at MPEG LA, LLC and responsible for new patent pools for licensing by the company.

Damien Geradin, partner at Howrey LLP, focuses on antitrust and competition law and is Director of the Global Competition Law Centre at the College of Europe in Bruges.

Susan Gibbs, Counsel for Via Licensing Corporation, an independent subsidiary of Dolby Laboratories. Via does strategic business development and program administration in various technologies. Previously she worked at Apple Computer, Cooley Godward and ran an advertising agency.

William Kolasky, partner at Wilmer Cutler Pickering Hale and Dorr LLP in the firm's Antitrust and Competition Practice Group, focuses on a full range of antitrust matters, including merger clearance, cartel defense and private litigation.

Jack Lenell of Standards Law Group focuses on standards, patents and patent licensing. Previously, he was Senior Counsel for Intellectual Property at Hewlett-Packard Company.

Dr. Russell W. Mangum, Vice President and Director of Nathan Associates, Inc., focuses on economic analysis and litigation support in a wide range of cases involving intellectual property, antitrust, class certification, and damage quantification. He has served as a consulting and testifying expert in the private sector, as well as for the U.S. Federal Trade Commission.

Frances E. Marshall, Special Counsel for Intellectual Property in the Antitrust Division at the U.S. Department of Justice, advises the Division on matters in which competition and IP law and policy intersect.

Geoffrey D. Oliver, partner at Jones Day, focuses on antitrust matters including government investigations and issues of antitrust and intellectual property law.

Chuck Powers, Director of Standards Strategy in the Corporate Standards office at Motorola Inc., provides internal support and oversight for IP rights policy issues in standards areas of interest to the Corporate Technology Office and key businesses.

Patrick J. Roach is Deputy Assistant Director in the Anticompetitive Practices Division of the Federal Trade Commission's Bureau of Competition. The ACP Division has been active in several enforcement efforts involving competition issues and standard setting, including Rambus, Unocal N-Data.

Melanie Sabo is Assistant Director of the Anticompetitive Practices Division for the Federal Trade Commission's Bureau of Competition.

Minda R. Schechter, of counsel with Connolly Bovee Lodge & Hutz LLP and a registered patent attorney and antitrust attorney, handles patent abuses, infringement, licensing and antitrust issues including standard setting and patent-related antitrust issues. She is co-author/co-editor of the treatise, "California Antitrust Law".

Dr. Hal J. Singer, President of Empiris LLC, is an economic expert in litigation involving antitrust, class certification, and damages.

John M. Skenyon, principal at Fish & Richardson P.C., specializes in patent litigation. He has co-authored "Patent Damages Law & Practice" and "Patent Litigation".

Robert Skitol, senior partner at Drinker Biddle & Reath LLP, focuses on antitrust and trade regulation, particularly in mergers, acquisitions and joint ventures.

Richard S. Taffet, partner and co-chair of the Intellectual Property Litigation and Patent Prosecution Group at Bingham McCutchen LLP, focuses on IP, antitrust and commercial litigation matters including standards related matters.

Christine A. Varney, partner and head of Hogan & Hartson's Internet Practice Group, advises on antitrust, privacy, business planning and corporate governance, IP and general liability issues. Previously she was an FTC Commissioner.