PRE & EARLY STAGE
PATENT LITIGATION
Conference in Detail
Friday • July 23, 2004
| 8:00 | Registration and Continental Breakfast |
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| 8:30 | First Step: The Warning Letter |
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| • Preparing the letter; evaluating the claim; prior art determination; what to include and what to leave out |
Richard Raysman, Esq. Program Co-Chair Brown Raysman Millstein Felder & Steiner LLP New York, NY |
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| • Responding to the letter; developing your initial strategy; approaches for obtaining opinion of counsel letter and avoiding treble damages; drafting the response |
David V. Carlson, Esq. Program Co-Chair Seed IP Law Group PLLC Seattle, WA |
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| 10:00 | Break |
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| 10:15 | Second Step: Decide Whether It’s Time to File a Law Suit |
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| • Strategies for the patent holder re: filing an infringement action |
Suzanne Shema, Esq. Senior Vice President Intellectual Property and Legal Affairs ZymoGenetics, Inc. Seattle, WA |
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| • Strategies for the accused infringer re: filing for declaratory relief |
Anne M. Rogaski, Esq. Townsend and Townsend and Crew LLP Palo Alto, CA |
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| 11:30 | Third Step: Plan Your Use of Experts When to hire an expert; factors to consider in choosing between a hired gun or someone working in the area; tips for getting good results and saving money when working with both types of experts |
Jeffrey Kinrich Managing Principal Analysis Group, Inc. Los Angeles, CA |
| 12:15 | Lunch (on your own) |
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| 1:30 | Fourth Step: Mobilize Internal Forces Work with executive management to define victory conditions, minimize disruption to business and put the company on the path to achieving the right resolution |
Ron Epstein, Esq. Founder and CEO IPotential, LLC San Mateo, CA |
| 2:15 | Fifth Step: Gather Documentary Information |
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| • Early exchange of documents (with an eye toward ending the suit before spending a lot of money) |
Gregory K. Leonard, Ph.D. Vice President NERA Economic Consulting San Francisco, CA |
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| • Formal discovery (with an eye towards getting the most information in the shortest time) |
Ramsey M. Al-Salam, Esq. Perkins Coie Seattle, WA |
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| 3:15 | Break |
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| 3:30 | Sixth Step: Depositions Who to depose; when to conduct; what are you looking for; and how do you get it? |
Heidi L. Keefe, Esq. Orrick, Herrington & Sutcliffe LLP Menlo Park, CA |
| 4:15 | Seventh Step: The Markman Hearing |
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| • Patent holder’s perspective on planning, preparing, and negotiating |
Samuel K. Lu, Esq. Irell & Manella LLP Los Angeles, CA |
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| •
Alleged infringer’s perspective |
Robert J. Carlson, Esq. Christensen O’Connor Johnson & Kindness PLLC Seattle, WA |
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| 5:00 | Adjourn |
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