Law Seminars International Presents: An Intensive One-Day Seminar on the Changing Legal Landscape for

FRAND Obligations
Strategies for helping companies and their counsel develop a playbook for FRAND requirements



October 30, 2014
Fourth & Madison Building in Seattle, WA
-or-
Anyplace you may be via webcast!

Webcast Info

Who Should Attend

IP and patent attorneys, officials at antitrust enforcement agencies, executives and their counsel at technology companies involved in patent pools and the development or protection of standard-essential patents

Why You Should Attend

Recent court decisions and regulatory actions around the world have changed the legal landscape for FRAND obligations and essential patents. This seminar will examine the current state of patent and anti-trust law to help companies and their counsel develop a playbook for FRAND requirements.

We will cover when FRAND obligations arise, the current state of the law with respect to fulfilling FRAND requirements, and how to establish FRAND terms and rates from legal, regulatory, and economic points of view. We will also cover strategy and tactics for dealing with the enforcement of FRAND obligations and infringement actions involving FRAND patents.

Join us for important discussions with your peers. We hope to see you there. Register soon.

~ Program Co-Chairs: Christopher A. Bloom, Esq., K&L Gates LLP and Michael Stuart Pixley, Esq., Microsoft Corporation

What You Will Learn



Agenda

Thursday, October 30, 2014

8:00 am

Registration Opens

 
8:30 am

Introduction and Overview

Christopher A. Bloom, Esq., Program Co-Chair
K&L Gates LLP / Chicago, IL

Michael Stuart Pixley, Esq., Program Co-Chair, Senior Attorney
Microsoft Corporation / Redmond, WA

 
8:45 am

When FRAND Obligations Arise: Are You Bound by FRAND? What is Covered and When is It Covered?

Antitrust concerns about collusion as the backdrop for FRAND obligations; how antitrust policy influences treatment for Standards Essential Patents (SEPs) vs. De-Facto SEPs vs. Commercially Essential Patents (CEPs)

David Killough, Esq., Assistant General Counsel
Microsoft Corporation / Redmond, WA

Trends in Standards Developing Organization (SDO) intellectual property policies and recent developments in the standards world; how SDO's are responding to changes in the law and evolving business models

Earl Nied, Esq., Program Director, Standards and IP Rights
Intel Corporation / Hillsboro, OR

Current developments in licensing commitments required by antitrust enforcers and courts

Ramona M. Emerson, Esq.
K&L Gates LLP / Seattle, WA

 
10:15 am

Break

 
10:30 am

Complying with FRAND Obligations: Guidance from Recent Cases for Setting FRAND Terms

Application of the relevant modified-Georgia Pacific factors; Judge Robart's three step framework for determining FRAND from Microsoft v. Motorola; modifications in Judge Holderman's Innovation WiFi decision; factors for making the analysis fit the case

David W. Long, Esq.
Kelley Drye & Warren LLP / Washington, DC

 
11:15 am

Economic Analysis for FRAND

Key issues in the economic assessment of FRAND and the application of recent economic literature in determining royalty rates

Anne Layne-Farrar, Ph.D., Vice President
Charles River Associates / Chicago, IL

 
12:00 pm

Lunch (on your own)

 
1:15 pm

International Approaches to FRAND Issues and How They Affect Strategies for Companies in the U.S.

Key questions from the U.S. perspective

Christopher A. Bloom, Esq., Program Co-Chair
K&L Gates LLP / Chicago, IL

China and Korea

Stuart M. Chemtob, Esq.
Wilson Sonsini Goodrich & Rosati / Washington, DC

 
2:45 pm

Break

 
3:00 pm

Enforcement: Litigation Strategies Including Choice of Forum and Remedies

Enforcement of FRAND obligations

Tony V. Pezzano, Esq.
King & Spalding / New York, NY

Enforcement of patents subject to FRAND obligations: When is an injunction available? When is a FRAND obligation a defense?

Clement S. Roberts, Esq.
Durie Tangri / San Francisco, CA

 
4:00 pm

Adapting Your Playbook to Fit the Circumstances

The parties (willing licensee/willing licensor vs. unwilling licensee vs. unwilling licensor); the patent (how valuable is it really); and the alternatives; and the market

Evan R. Cox, Esq., Moderator
Covington & Burling LLP / San Francisco, CA

James R. Klaiber, Esq.
Pryor Cashman LLP / New York, NY

Nathan Shafroth, Esq.
Covington & Burling LLP / San Francisco, CA

 
5:00 pm

Evaluations and Adjourn

 


If You Cannot Attend

Order Homestudy

Tuition

Regular tuition for attendance or live webcasting, for this program is $895 with a group rate of $670 each for two or more registrants from the same firm. For government employees, we offer a special rate of $595. For students, people in their job for less than a year, and public interest NGO's, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

Live credits: This program qualifies for 6.5 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Location

The seminar will be held at the Fourth & Madison Building, 925 Fourth Avenue, Suite 2900, Seattle, WA 98104-1158. Special thanks to K&L Gates LLP for making this space available. Contact The Crowne Plaza Seattle Downtown hotel at 206-464-1980 and mention Law Seminars International for reservations at the special negotiated rate of $209. Rooms are on a first come, first served basis
More about the Location
Map & Directions

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Friday, October 24, 2014. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy.



Faculty Bios

Christopher A. Bloom, Program Co-Chair, partner, K&L Gates LLP, concentrates on technology and intellectual property and has counseled companies and academic institutions in strategies to develop, protect and enforce intellectual property rights.

Michael Stuart Pixley, Program Co-Chair, Senior Attorney in the Legal and Corporate Affairs Intellectual Property Group at Microsoft Corporation, specializes in patent licensing transactions and counseling on open source software. Previously, he was Special Counsel at Heller Ehrman LLP.

Evan R. Cox, Moderator, partner, Covington & Burling LLP, represents technology companies in patent and copyright licensing and advisory matters, combining intellectual property advice and transactional capabilities with antitrust counseling experience. He has worked extensively with European and Asian as well as U.S. clients.

Stuart M. Chemtob, Senior Of Counsel, Wilson Sonsini Goodrich & Rosati, focuses on antitrust counseling and government conduct investigations and provides counseling on antimonopoly compliance in China, Japan, Korea, and other Asian jurisdictions, and is experienced with the interface of antitrust, intellectual property, and standard setting.

Ramona M. Emerson, partner, K&L Gates LLP, concentrates on antitrust and business litigation and regularly handles matters for clients on antitrust, including pricing, cartels, joint ventures, mergers and acquisitions, distribution and other business practices.

David Killough is Assistant General Counsel in the Litigation and Competition Law Group of Microsoft Corporation's Legal and Corporate Affairs department and his principal responsibility is the management of patent litigation matters in the U.S. and internationally. Previously, he was partner at Vinson & Elkins LLP.

James R. Klaiber, partner, Pryor Cashman LLP's Intellectual Property Group, focuses on patent transactions, litigation, and prosecution and is the Chair of the Patents Committee of the Association of the Bar of the City of New York, and recently stepped down as chair of the MIT Enterprise Forum of New York City.

Anne Layne-Farrar, Ph.D., Vice President in the Antitrust & Competition Economics Practice of Charles River Associates, specializes in antitrust and intellectual property matters, especially where the two issues are combined and advises clients on competition, intellectual property, regulation, and policy issues.

David W. Long, partner, Kelley Drye & Warren LLP, is experienced in litigating patent cases in federal district and appellate courts with a balanced representation of both patent owners and accused infringers and represents clients litigating issued patents before the U.S. Patent & Trademark Office.

Earl Nied, Program Director of Standards and IP Rights, Intel Corporation's Global Public Policy Group, is responsible for worldwide policies on Intellectual Property Rights issues relating to Standards, and he chairs the American National Standards Institute (ANSI) Intellectual Property Rights Policy Committee (IPRPC) and serves on the ANSI Board of Directors.

Tony V. Pezzano, partner, King & Spalding, is experienced in litigating patent cases in both Federal District Courts throughout the United States and the International Trade Commission (ITC) and has prosecuted patent and trademark applications and rendered opinions and counseling for U.S. and foreign corporate clients involving IP matters.
Full bio and contact info for Tony V. Pezzano at King & Spalding

Clement S. Roberts, co-founder of Durie Tangri, focuses on intellectual property litigation and on commercial cases with a high-technology component.

Nathan Shafroth, Covington & Burling LLP, has represented and advised clients in litigation involving pharmaceutical, software, and hardware patents as well as standard-setting and licensing issues and has been involved in all stages of patent litigation, from pre-litigation counseling to multiple jury, bench, and ITC trials.

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