Law Seminars International Presents: Second Annual Intensive One-Day Seminar on

FRAND Obligations and Essential Patent Licensing
Strategies for adapting to a changing legal landscape



November 9, 2015
Fourth & Madison Building in Seattle, WA
-or-
Anyplace you may be via webcast!

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Who Should Attend

Patent and other IP attorneys, officials at antitrust enforcement agencies, executives and their counsel at technology companies involved in standards setting organizations

Why You Should Attend

Judicial, regulatory and standards setting developments impacting standards essential patents and FRAND licensing obligations have continued this year at a break-neck pace. This seminar helps companies and their counsel make sense of this rapidly changing landscape and develop practical litigation, licensing and compliance strategies that fit their particular situation.

We will cover the new patent policies adopted by IEEE, consider whether other standards setting organizations are likely to follow, and explain what participating entities should bear in mind. We will also review core developments in U.S. FRAND jurisprudence and explore the ITC as a potential forum of choice for SEP holders. Leading experts will provide an in-depth economic analysis of FRAND rate determinations and lead an interactive review of practical problems and solutions. Finally, an international panel will explore the very latest developments in FRAND legislation and jurisprudence in Europe, Asia and India.

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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 Stuart Pixley, Esq., Microsoft Corporation

What You Will Learn



Agenda

Monday, November 09, 2015

8:00 am

Registration Opens

 
8:30 am

Introduction & Overview

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

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

 
8:45 am

Developments in Standards Setting Organizations (SSOs): Implications of the New Revised IEEE Policies Relating to Essential Patent Licensing Obligations

IEEE's revised Patent Policy regarding commitments to license standard essential patent (SEP) claims and the DOJ's Business Review Letter of February 2, 2015: Should it be a blueprint for other SSOs?

Key objectives and elements of the policy from the IEEE's perspective

Jonathan S. Wiggins, Esq., Intellectual Property Attorney
The Institute of Electrical and Electronics Engineers, Inc. / New York, NY

Stakeholder views on the IEEE approach

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

Fabian D. Gonell, Esq., Vice President, Division Counsel
Qualcomm Incorporated / San Diego, CA

 
10:15 am

Break

 
10:30 am

FRAND in the Courts and ITC: The Outlook for Standards Essential Patents in the Wake of Microsoft v. Motorola and Ericsson v. D-Link

Recent decisions on the metes and bounds of FRAND obligations to SSOs: Are courts and policymakers beginning to reach consensus limiting SEP holder rights and will the ITC remain an outlying safe haven for plaintiffs seeking injunctions on SEPs?

Richard A. Cederoth, Esq.
Sidley Austin LLP / Chicago, IL

Theodore Stevenson, III, Esq.
McKool Smith / Dallas, TX

John Jurata, Esq.
Orrick Herrington & Sutcliffe LLP / Washington, DC

 
11:30 am

Current Issues in the Economic Analysis of FRAND Obligations

Trends in economists' view of FRAND obligations, including reasonable royalties

Matthew R. Lynde, Ph.D., Vice President
Cornerstone Research / Hillsborough, CA

David J. Teece, Ph.D., Chairman and Principal Executive Officer
Berkeley Research Group, LLC / Emeryville, CA

 
12:15 pm

Working Lunch (graciously sponsored by K&L Gates)

But first, presentation of a tabletop problem for discussion during lunch

 
1:30 pm

Practical Issues in FRAND Licensing and Resolving FRAND Disputes

Resolving key issues in negotiations: When can the SEP holder insist on a portfolio licensing approach? Should the royalty be based on the smallest saleable unit? Should the royalty take patent stacking into consideration? How does reciprocity work?

Stuart Pixley, Esq., Program Co-Chair
Microsoft / Redmond, WA

C. Bradford Biddle, Esq., Visiting Scholar
Lewis and Clark Law School / Portland, OR

 
2:45 pm

Break

 
3:00 pm

International FRAND Issues: Similarities and Differences in Treatment of Key Issues Around the World

What gives rise to FRAND obligations outside of the U.S.? What legal requirements does such a FRAND obligation impose? How do you reconcile European authority (abuse of dominance)? NDRC issues (when is complying with FRAND not enough?)

The legal approaches in Asia including China, Korea, and India

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

Nicolas Schifano, Esq., Director, Standards and Interoperability Policy
Microsoft / Redmond, WA

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

Dev Robinson, Esq.
Shardul Amarchand Mangaldas & Co / , India

 
5:00 pm

Evaluations and Adjourn

 


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Tuition

Regular tuition for in person or webcast attendance 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. 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 at 925 Fourth Avenue, Suite 2900 in Seattle, WA 98104-1158. Special thanks to K&L Gates LLP for making this space available.
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 Tuesday, November 3, 2015. After that time, we will credit your tuition toward attendance at another program or the purchase of a webcast or audio replay.



Faculty Bios

Christopher A. Bloom, Program Co-chair, partner, K&L Gates LLP, practices technology and intellectual property, advising how to achieve business objectives, including the application of antitrust laws for standards setting, standard essential patents and patent pools. He has been involved in over 100 cases of patent, copyright and trademark infringement.

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

C. Bradford Biddle, a Visiting Scholar at Lewis and Clark School of Law, researches standardization strategy, patent disclosure in SSOs, and the relationship between open source software and open standards. His consulting clients include various Fortune 100 companies and global standard-setting organizations.

Richard A. Cederoth, partner, Sidley Austin LLP, focuses on patent litigation, primarily involving software, computers and semiconductors. He has been recognized by Chambers, The Best Lawyers in America, as a Litigation Star in the United States in the 2014 and 2015 editions of Benchmark Litigation and the Legal 500 US 2014 and 2015.

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.He served at the Antitrust Division of the DOJ as Special Counsel for International Trade.

Fabian D. Gonell, Vice President and Division Counsel, Qualcomm's Technology Licensing Division. He manages the Division's legal department and oversees the company's compliance standards. He has served as an adjunct professor at the Fordham University School of Law.

John "Jay" Jurata, partner, Orrick, covers all areas of U.S. and EU competition law, with an emphasis on antitrust and intellectual property involving technology markets. He speaks and publishes regularly on Standard-Essential Patents, FRAND, patent assertion entities (PAEs) and patent trolls.

Matthew R. Lynde, Ph.D., Vice President, Cornerstone Research, provides expert testimony and consulting in applied economics covering intellectual property, antitrust and competition, securities litigation and breach of contract. He has served as an expert witness in state, federal, and foreign courts.

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

Dev Robinson, partner, Shardul Amarchand Mangaldas & Co, counsels clients in the field of patents. He focuses on patent prosecution as well as licensing and litigation, and formulating clients' patent strategies, conducting searches for prior art, and drafting and prosecuting largely in India but also in the U.S. and Japan.

Nicolas Schifano, Director of Standards and IP Policy, Microsoft. He previously worked in Belgium as EMEA Director for Standards and Interoperability Policy, representing Microsoft in intellectual property committees of standard setting organizations. He is a French and European patent attorney,

Theodore Stevenson, III, principal, McKool Smith, focuses on patent infringement and technology cases. He has federal trial experience in patent cases involving diverse technologies such as wireless networking, balloon angioplasty catheters, integrated circuits, prepaid calling cards, drilling rigs, enterprise software and trade secret violations, trade dress infringement, and software performance.

Dr. David Teece, economist, is an authority on matters of industrial organization, technological change, and innovation, particularly as it relates to antitrust and competition policy and intellectual property. He is the Thomas W. Tusher Professor in Global Business at the Haas School of Business at the University of California, Berkeley, and a member of the board of arts and sciences at the University of Pennsylvania.

Jonathan S. Wiggins, Intellectual Property Attorney, The Institute of Electrical and Electronics Engineers, Inc.