Law Seminars International Presents

Opening Moves in Patent Disputes

Pre & Early Stage Patent Litigation

Correct Steps for Maximizing Your Chances of Success

July 23, 2004
Renaissance Seattle Hotel in Seattle, WA
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Who Should Order Homestudy

All attorneys, business executives, and expert witnesses involved in patent litigation.

Why Order

"Here are the opening chess moves that put you in a winning position to avoid litigation or gain victory if a suit is filed. You need a well developed strategy in early stage patent litigation to get what you want, and maximize your chances for success. In this comprehensive workshop, leading patent litigators will share practical planning strategies that you can use immediately. Whether you are the patent holder or accused infringer, you will have an opportunity to learn correct steps to avoid, or to prevail in litigation, from the warning letter to the Markman Hearing." ~ Program Co-Chairs: David V. Carlson, Esq. and Richard Raysman, Esq.

Agenda

Friday, July 23, 2004
8:30 am First Step: The Warning Letter
  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
  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
10:00 am Break
10:15 am Second Step: Decide Whether It’s Time to File a Law Suit
  Strategies for the patent holder re filing an infringement action
  Suzanne M. Shema, Esq., Senior Vice President
 ZymoGenetics Inc. / Seattle, WA
  Strategies for the accused infringer re: filing for declaratory relief
  Anne M. Rogaski, Esq.
 Townsend and Townsend and Crew LLP / Palo Alto, CA
11:30 am 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 H. Kinrich, MBA, Managing Principal
 Analysis Group / Los Angeles, CA
12:15 pm Lunch (on your own)
1:15 pm Fourth Step: Mobilize Internal Forces
  Debriefing and preparing inventors and others involved with the product line
  Ronald Epstein, Esq., Founder and CEO
 IP Potential / San Mateo, CA
2:15 pm Fifth Step: Gather Documentary Information
  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
  Formal discovery (with an eye towards getting the most information in the shortest time)
  Ramsey M. Al-Salam, Esq.
 Perkins Coie LLP / Seattle, WA
3:15 pm Break
3:30 pm 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 pm Seventh Step: The Markman Hearing
  Patent holder’s perspective on planning, preparing, and negotiating
  Samuel K. Lu, Esq.
 Irell & Manella LLP / Los Angeles, CA
  Alleged infringer’s perspective
  Robert J. Carlson, Esq.
 Christensen O'Connor Johnson & Kindness PLLC / Seattle, WA
5:00 pm End of Day

Cancellation

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

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: WA CLE 6.75 (#123275) | CA MCLE 6.75 | NY CLE 8 (no ethics, non-transitional) OR CLE 7.25 (#2104*201)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $605. The 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 (which ever is later).
Order Homestudy

Faculty Bios

David V. Carlson, Program Co-Chair, of the Seed IP Law Group PLLC, specializes in electrical and electronic patent matters, including licensing and litigation. Previously he was a patent examiner for the U.S. Patent and Trademark Office. He has also previously worked as a patent attorney with Texas Instruments, where he specialized in obtaining U.S. and Japanese patent protection on semiconductor devices, computer design, and electronic systems.

Richard Raysman, Program Co-Chair, a partner at Brown Raysman Millstein Felder & Steiner LLP, concentrates on computer law, outsourcing and intellectual property issues. He has significant experience in structuring technology transactions, and his information technology background and understanding of the law have made him uniquely qualified to represent clients for technology issues. He has litigated reported cases for the New York State and Federal Courts, and he has had over one dozen trials.

Ramsey M. Al-Salam is a partner in the Seattle office of Perkins Coie, where he focuses his practice on intellectual property analysis and dispute resolution, with a particular emphasis in patent, trademark and trade secret litigation, arbitration and trial. He has worked with small and large clients in a variety of technologies and industries.

Robert J. Carlson, a member of Christensen O’Connor Johnson & Kindness PLLC focuses his practice on counseling in all aspects of intellectual property, obtaining and managing patent and trademark rights in the United States and foreign countries, intellectual property issues related to securities offerings, due diligence matters, licensing and agreements. He devotes a significant portion of his practice to litigation and arbitration of intellectual property disputes, and has appeared on behalf of the firm’s clients in courts throughout the United States on matters as diverse as patents on telecommunications and computer technology, building materials and furniture design, banking industry trademarks and software counterfeiting.

Ron Epstein is founder and CEO of IPotential, LLC, a consulting firm concentrating on assisting its clients in developing and executing their Intellectual Property strategies, including the purchase and sale of Patents. He has 15 years of experience in developing and optimizing IP asset portfolios. Most recently, he was Vice President, General Counsel at Brocade Communications Systems, Inc., where, among other things, he created and executed on the company’s IP strategy, filing for more than 80 patents, and defending the company in three patent litigations.

Heidi L. Keefe is a partner in Orrick, Herrington & Sutcliffe LLP’s Intellectual Property Group focusing on patent litigation. She has participated extensively in a variety of high-stakes patent trials before juries and judges. She is currently the co-chair of Training and Development for Orrick’s bicoastal IP practice.

Jeffrey H. Kinrich, a Managing Principal with the Analysis Group, Inc., consults on cases involving financial and economic analysis, accounting, statistics, and mathematical modeling. He has directed numerous large-scale analyses involving a broad range of litigation areas. He specializes in damage quantification and valuation in the areas of commercial litigation and intellectual property. He also has significant experience in many other areas of the law, including breach of contract, construction, fraud, antitrust, business interruption, marital dissolution, dealership disputes and tax litigation.

Gregory K. Leonard is a Vice President in NERA Economic Consulting’s Antitrust and Intellectual Property Practices. His areas of expertise are applied microeconomics and econometrics. He has extensive experience analyzing competition and estimating damages in antitrust cases and patent infringement damages cases. He was one of the developers of the merger simulation technique that is now widely used to analyze the competitive effects of mergers. Dr. Leonard has provided written and oral testimony on issues involving antitrust, damages estimation, statistics and econometrics, and labor market discrimination.

Samuel K. Lu is a partner in Irell & Manella LLP’s intellectual property and litigation workgroups. Mr. Lu counsels and represents clients in intellectual property matters, focusing on patent litigation. His cases have involved a variety of technologies including semiconductors and semiconductor processing, personal computers and computer peripherals, e-commerce, computer software, consumer electronics, and medical devices.

Anne M. Rogaski, a partner with Townsend and Townsend and Crew LLP has specialized in intellectual property and complex business litigation since 1996. Her practice includes the representation of companies in trade secret misappropriation, patent infringement, trademark infringement and copyright infringement matters, in both state and federal district courts.

Suzanne Shema the Senior Vice President of Intellectual Property and Legal Affairs at ZymoGenetics, Inc. began her legal career in private practice with the law firm of Seed and Berry. She jumped the track into in-house practice and has worked with several high technology companies, including NeoRx, Inc. and aQuantive, Inc. in Seattle and Research Corporation Technologies in Tucson, Arizona.