Law Seminars International Presents

A One-Day In-Depth Workshop on Successful

Pre-Complaint & Post-Trial Patent Litigation Strategies

Practical tips to maximize your chances for success

July 11, 2006
Washington State Convention and Trade Center in Seattle, WA
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Who Should Attend

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

Why Attend

Whether you are a patent holder, or an accused infringer, your opening moves can help put you in a better position to avoid litigation or to gain victory if a suit is filed. Knowing your potential gains if you prevail and potential downside if the case goes against you are key factors in entering and maintaining a litigation. You need a well developed strategy in the early stages of patent litigation to get what you want and to maximize your chances for success. In this comprehensive workshop, leading patent litigators will share practical planning strategies that you can use immediately. You will have an opportunity to learn the best steps to take, from the warning letter through formal discovery, including strategies for early settlement and cost avoidance. In addition, you will learn how to evaluate your case at an early stage to assist you in deciding when to push harder and when to settle. ~Program Co-Chairs: David V. Carlson, Esq. and John D. Vandenberg, Esq.

What You Will Learn

-Preparing and Responding to a Warning Letter -Motion Strategies for Winning Early and/or Inexpensively -Injunctions and Damages Abroad -Trumping a Court Judgment Through PTO Reexaminations

What Previous Attendees Have Said

-Very comprehensive -Good range of topics -Extremely informative -I enjoyed the high quality of speakers!

Agenda

Tuesday, July 11, 2006
8:30 am Introduction & Overview
  David V. Carlson, Esq., Program Co-Chair
 Seed Intellectual Property Law Group PLLC / Seattle, WA
  John D. Vandenberg, Esq., Program Co-Chair
 Klarquist Sparkman, LLP / Portland, OR
8:45 am Preparing and Responding to a Warning Letter
  Plaintiff's decision points: evaluating the claim; contacting key witnesses; determining type(s) of notice to give; identifying risks of giving notice; what to include and what to leave out
  F. Ross Boundy, Esq.
 Christensen O'Connor Johnson Kindness PLLC / Seattle, WA
  Defendant's decision points: evaluating the letter; developing initial strategies; advising client regarding approaches for obtaining clearance opinions; drafting the response
  David V. Carlson, Esq., Program Co-Chair
 Seed Intellectual Property Law Group PLLC / Seattle, WA
10:15 am Break
10:30 am Deciding Whether You Want to File a Law Suit; Motion Strategies for Winning Early and/or Inexpensively
  Strategic considerations in designing a patent licensing or patent defense program, including understanding the sales process in patent licensing transactions and the role of litigation in that sales process
  Ronald Epstein, Esq., Chief Executive Officer
 IPotential, LLC / San Mateo, CA
  Strategies for patent holder: evaluating your best-case and expected financial outcomes; the risk and cost of souring business relationships; filing options; preliminary injunction and partial summary judgment options
  David A. Lowe, Esq.
 Black Lowe & Graham PLLC / Seattle, WA
  Strategies for the accused infringer; when to respond with a DJ action; quick reexaminations and stay motions; early partial summary judgment motions; immediate redesign to avoid injunction risks
  J. David Hadden, Esq.
 Fenwick & West LLP / Mountain View, CA
12:15 pm Lunch (on your own)
1:30 pm Injunctions and Damages Abroad after Federal Circuit's Decisions in Eolas, AT&T, and Shell Oil
  Tips for potential infringers: Now that Sec. 271(f) has been read to reach foreign manufacturing using U.S. engineering information or starting materials, what are the new risks and what should companies do differently?
  T. Andrew Culbert, Esq., Associate General Counsel
 Microsoft Corporation / Redmond, WA
  Tips for patent holders: How can prevailing patent holders fully take advantage of the expanded ability to obtain injunctive relief and damages for foreign activites?
  Ramsey M. Al-Salam, Esq.
 Perkins Coie LLP / Seattle, WA
2:45 pm Using PTO Re-examinations to Trump a Court Judgment
  The RIM, Eolas, and Hitachi cases: How can defendants use reexaminations to avoid the consequences of losing at trial, and how can plaintiffs hold on to their favorable judgments?
  Jeffrey S. Love, Esq.
 Klarquist Sparkman, LLP / Portland, OR
3:30 pm Break
3:45 pm Injunctions
  Stays: Plaintiff interest in prompt relief from infringement vs. defendant interest in meaningful opportunity for appeal--what are the prospects for future adjudicated infringers getting a stay of the injunction pending appeal?
  Heidi L. Keefe, Esq.
 White & Case LLP / Palo Alto, CA
  The RIM and MercExchange v. eBay cases: How automatic will injunctions against patent infringement be?
  K.T. Cherian, Esq.
 Howrey LLP / San Francisco, CA
4:45 pm Q & A
  Members of the Faculty
5:00 pm Adjourn & Evaluations

Tuition

Regular tuition for this program is $695 with a group rate of $620 each for two or more registrants from the same firm. For government employees, we offer a special rate of $545. For students and people in their job for less than a year, our rate is $347.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

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 Wednesday, July 5, 2006. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

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

Location

The workshop will be held at the Washington State Convention and Trade Center at 800 Convention Place in Seattle, WA 98101. The following link contains information on nearby hotels and services:
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $705. 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 V. Carlson, Program Co-Chair, is a partner at Seed Intellectual Property Law Group PLLC, specializing in electrical and electronic patent matters, including licensing and litigation. He 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.

John D. Vandenberg, Program Co-Chair, is a partner at Klarquist Sparkman, LLP where his focus is on patent litigation. He has been defending and prosecuting patent infringement actions since 1983, including jury trials, bench trials and appellate practice.

Ramsey M. Al-Salam is a partner at Perkins Coie LLP where he focuses 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. Mr. Al-Salam is listed in Chambers' "America's Leading Business Lawyers," and "The Best Lawyers in America."

F. Ross Boundy is partner in charge of litigation at Christensen O'Connor Johnson Kindness PLLC. He has served as lead counsel on numerous lawsuits involving patent, copyright, trademark, trade secret and unfair competition issues.

T. Andrew Culbert is Associate General Counsel for Microsoft Corporation. He manages all of Microsoft's worldwide patent infringement litigation, which currently entails approximately 40 cases. He is also an adjunct professor in the Intellectual Property LLM program at the University of Washington School of Law. He has tried a number of cases in federal courts across the country and has written and spoken extensively on intellectual property issues.

Ronald 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. Most recently, he was Vice President and General Counsel at Brocade Communications Systems, Inc., where he created and executed the company's IP strategy. Previously, Mr. Epstein served as Director of Licensing at Intel Corporation.

J. David Hadden is a partner in the litigation group at Fenwick & West LLP where his focus is on patent and other intellectual property litigation and counseling, principally relating to telecommunications software and Internet technologies.

Heidi L. Keefe is a partner at White & Case LLP, focusing her practice on high-stakes IP litigation and jury trials. Her background in astrophysics makes her uniquely qualified to manage technical patents including software and medical devices. Ms. Keefe was recently recognized as one of "The Bay Area's Best Lawyers".

Jeffrey S. Love is a partner at Klarquist Sparkman, LLP. His practice focuses on patent litigation, generally involving digital products or methods of online commerce, such as multiplexer circuit designs for microprocessors, digitizer interfaces, online systems for reproducing information at point-of-sale locations, and methods for tracking users on the World Wide Web.

David A. Lowe, a member with Black Lowe & Graham PLLC, is a patent attorney with experience in all aspects of intellectual property law in the United States and in foreign countries. His current practice includes patent, trademark and copyright procurement and enforcement, with an emphasis on infringement and validity opinion work, intellectual property litigation, and related client counseling.