Law Seminars International Presents

A Comprehensive Two-Day Conference on

Standards Bodies & Patent Pools

Key legal and business developments

October 12 & 13, 2006
Wyndham Washington, D.C. in Washington, DC
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Who Should Attend

In-house counsel, IP and technology lawyers, technology executives, engineers and anyone involved in Standards Setting and Patent Pools

Why Attend

The importance of technical standards-setting efforts and patent pools is at an all-time high in the electronics and software industries. The market demands interoperability in the computer and communication systems that businesses use every day, but the necessary patent rights are owned by a patchwork of companies. This conference is an annual two-day symposium with lectures and panels, featuring top government regulators, legal practitioners, and representatives from companies that build businesses in this thicket. The faculty will give an overview of how technical standards are agreed upon and how patent pools are formed to license the patents necessary to practice these standards. The program also addresses the antitrust hurdles that patent pools must clear. Real-world examples involving the MPEG standards and the various Rambus disputes, among others, will be reviewed. ~Program Co-Chairs: David Balto, Esq. and Eric Prager, Esq.

What You Will Learn

* How patent pools and standards bodies are supposed to work * FTC regulatory policy priorities * How business review letters have rated in court * Scrutiny of standards-setting activities in the context of antitrust litigation * How to meet both the legal standards for disclosure and your business objectives * Negotiating royalties before the standard is set * Latest developments from DOJ and FTC on standard setting and patent pooling * Tips for structuring patent pools to minimize antitrust problems * Update on Rambus v. Hynix * International issues * Tips for determining "reasonable" royalties

What Attendees Have Said About Similar Programs

~ An array of top-notch speakers ~ Good overview of materials ~ Especially excellent ~ I learned a lot and enjoyed this seminar. ~ The seminar was both fun and useful. (Larry Goldstein) ~ Good seminar, very worthwhile, timely and informative.

Agenda

Thursday, October 12, 2006
8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  David A. Balto, Esq., Program Co-Chair
 Washington, DC
  Eric A. Prager, Esq., Program Co-Chair
 Darby & Darby PC / Seattle, WA
8:45 am Patent Pools and Standards Bodies: How They Work and How They’re Supposed to Work
  Situations where disconnects develop between goals and actual results, and how to avoid them
  Patent pools
  Joshua A. Newberg, Esq., Associate Professor
 University of Maryland, R.H. Smith School of Business / College Park, MD
  Standards bodies
  Ron Moore, Esq., Director of Legal Services, Corporate Standards Team
 Microsoft Corporation / Redmond, WA
9:45 am Keynote Address: What to Expect for Regulatory Policy Priorities and Initiatives in the Coming Year
  The Hon. Pamela Jones Harbour, Esq., Commissioner
 Federal Trade Commission / Washington, DC
10:30 am Break
10:45 am Regulatory and Case Law Update
  An overview of the case law involving patent pools with an emphasis on how the concepts in business review letters have fared in the courts and how the letters have become the standard antitrust analysis for pooling
  Sean P. Gates, Esq., Deputy Assistant Director, Anticompetitive Practices Division
 Federal Trade Commission / Washington, DC
  Scrutiny of standards-setting activities in the context of private patent/antitrust litigation and government antitrust enforcement; developments affecting standards setting, including the status of the FTC's suit against Rambus Inc.
  M. Sean Royall, Esq.
 Gibson Dunn & Crutcher LLP / Dallas, TX
11:45 am Lunch (on your own)
1:00 pm Negotiating Royalties Before the Standard is Set
  Why and how standards development organizations should: permit and facilitate collective negotiation for patent claims; engage in collective negotiations without material antitrust risk; operate their own patent pools
  Michael A. Lindsay, Esq.
 Dorsey & Whitney LLP / Minneapolis, MN
  Robert A. Skitol, Esq.
 Drinker Biddle & Reath LLP / Washington, DC
2:00 pm The Challenge of Disclosure: Legal Standards and Practical Advice on How to Meet Them and Your Business Objectives
  Perspectives from leading standards bodies
  ANSI, IEC, ISO
  Timothy D. Schoechle, Ph.D., Moderator, Director
 International Center for Standards Research / Boulder, CO
  JEDEC
  John J. Kelly, Esq., President
 JEDEC / Arlington, VA
  IEEE
  F. Donald Wright, Chair, IEEE-SA Stand Brd Patent Cmte; Dir Stand
 Lexmark International / Lexington, KY
  Industry view
  Kent Baker, P.E., Esq., VP, Dir. Intellectual Prop Rights Policy & Compliance
 QUALCOMM Incorporated / San Diego, CA
  Gilad Y. Ohana, Esq., Director, Antitrust & Competition
 Cisco Systems, Inc. / San Jose, CA
3:15 pm Break
3:30 pm Dealing with Government Agencies
  Latest developments from the agencies on standards setting and patent pooling
  Frances E. Marshall, Esq., Special Counsel for Intellectual Property
 U.S. Department of Justice--Antitrust Division / Washington, DC
  Suzanne T. Michel, Ph.D., Esq., Chief Counsel for Intellectual Property
 Federal Trade Commission / Washington, DC
4:30 pm Day One Wrap-Up
  David A. Balto, Esq., Program Co-Chair, Moderator
 Washington, DC
  Jeffery B. Fromm, Esq., VP, Deputy GC & Dir. of Intellectual Property
 Hewlett-Packard Company / Palo Alto, CA
  Chuck Powers, Director, Standards Strategy
 Motorola Inc. / Schaumburg, IL
  Eric A. Prager, Esq., Program Co-Chair
 Darby & Darby PC / Seattle, WA
5:00 pm Reception for Faculty and Attendees Sponsored by Darby & Darby PC and Robins Kaplan Miller & Ciresi LLP

Friday, October 13, 2006
8:00 am Registration & Continental Breakfast
8:30 am Patent Pool Formation Strategies
  Tips for structuring the pool to minimize antitrust enforcement problems
  Garrard R. Beeney, Esq.
 Sullivan & Cromwell LLP / New York, NY
  John C. Paul, Esq.
 Finnegan Henderson Farabow Garrett & Dunner LLP / Washington, DC
9:15 am Update on Rambus v. Hynix
  An update on the case including legal implications and responsibilities of belonging to a standards body
  Plaintiff's perspective
  Gregory P. Stone, Esq.
 Munger Tolles & Olson LLP / Los Angeles, CA
  Defendant's perspective
  Daniel J. Furniss, Esq.
 Townsend and Townsend and Crew LLP / Palo Alto, CA
10:15 am Break
10:30 am International Issues
  US and EU perspectives
  David A. Balto, Esq., Program Co-Chair
 Washington, DC
  Frank Fine, LL.M., Ph.D., Director
 EC Competition Law Advocates / Brussels, Belgium
12:00 pm Lunch (on your own)
1:15 pm Tips for Determining "Reasonable" Royalties
  Recent case law, elements of and economic factors in negotiation, approaches to calculating royalties
  Timothy P. Daniel, Ph.D, Senior Vice President
 NERA Economic Consulting / Washington, DC
  H. Stephen Harris, Jr., Esq.
 Alston & Bird LLP / Atlanta, GA
2:45 pm Day Two Wrap-Up
  David A. Balto, Esq., Program Co-Chair, Moderator
 Washington, DC
  Jeffery B. Fromm, Esq., VP, Deputy GC & Dir. of Intellectual Property
 Hewlett-Packard Company / Palo Alto, CA
  Chuck Powers, Director, Standards Strategy
 Motorola Inc. / Schaumburg, IL
  Eric A. Prager, Esq., Program Co-Chair
 Darby & Darby PC / Seattle, WA
3:15 pm Break
3:30 pm Ethics
  Special ethics issues for attorneys participating in patent pools and standards-setting bodies, including identifying and avoiding conflicts of interest, protecting privilege, and avoiding malpractice through good ethical practices
  Cathy Fleming, Esq.
 Edwards Angell Palmer & Dodge LLP / Short Hills, NJ
4:30 pm Evaluations & Adjourn

Tuition

Regular tuition for this program is $995 with a group rate of $895 each for two or more registrants from the same firm. For government employees, we offer a special rate of $795. For students and people in their job for less than a year, our rate is $497.50. 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 Friday, October 6, 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 12.5 VA CLE credits including 1 ethics. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference will be held at the Wyndham Washington, D.C. Hotel at 1400 M Street, NW in Washington, DC 20005. Call the hotel directly at (202) 429-1700 or (800) 996-3426 for reservations at the special negotiated rate of $269 and mention that you are attending the "Standards and Patent Pools" conference. Rooms are on a first come, first served basis and may not be available after September 20, 2006.
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 $1005. 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 A. Balto, Program Co-Chair, attorney at law in Washington, DC, focuses on antitrust and trade regulation and intellectual property litigation. Previously he was Policy Director of the Bureau of Competition of the Federal Trade Commission and attorney advisor to Chairman Robert Pitofsky.

Eric A. Prager, Program Co-Chair, is a principal at Darby & Darby PC, and focuses his practice on counseling, licensing, and litigation of intellectual property rights. He represents one of the Big Four record companies in its digital content delivery initiatives and associated license agreements.

The Hon. Pamela Jones Harbour, Keynote Address, is a Commissioner on the Federal Trade Commission. Before joining the FTC, she was a partner in the litigation department of Kaye Scholer LLP, and was New York State Deputy Attorney General.

Timothy D. Schoechle, Ph.D., founder and Director of the International Center for Standards Research, advises corporations, law firms and governments on standards policies and related IP issues. He has served in many capacities in various standards bodies.

Kent Baker is VP, Director of Global Intellectual Property Rights Policy & Compliance for QUALCOMM Incorporated and is responsible for global IPR strategy, policy issues and related trade impacts. He coordinates IPR strategy with Qualcomm's US, EU, Chinese, and India Government Affairs divisions and is active in several standards organizations.

Garrard R. Beeney is chairman of the IP Law Group and a co-chair of the E-Commerce and Technology Practice at Sullivan & Cromwell LLP. Mr. Beeney has litigated IP and antitrust law cases, representing both plaintiffs and defendants in infringement actions.

Timothy P. Daniel is a Senior Vice President of NERA Economic Consulting where he specializes in the economics of antitrust and IP, and the calculation of commercial damages. Previously he was Assistant Director for Antitrust at the FTC.

Frank Fine is founder and Director of EC Competition Law Advocates in Brussels, Belgium. Previously, he was with the EC and Competition Unit of Dibb Lupton Alsop and was vice-chairman of the International Committee of the ABA Antitrust Section.

Cathy Fleming is a partner with Edwards Angell Palmer & Dodge LLP where she chairs the Corporate Integrity/White Collar Group. Her practice focuses on corporate integrity, government enforcement, complex civil and white-collar criminal litigation. She also serves as President of the National Association of Women Lawyers and lectures and writes regularly on ethics and corporate governance, as well as trial techniques.

Jeffery B. Fromm is Vice President, Deputy General Counsel and Director of Intellectual Property for Hewlett-Packard Company where he is responsible for HP's IP legal strategy and for managing the IP Section of HP's Legal Department.

Daniel J. Furniss is partner in charge of the Palo Alto office of Townsend and Townsend and Crew LLP. His primary area of expertise is in the litigation and trial of complex commercial disputes, including patent, trade secret, trademark, trade name, antitrust and copyright cases.
Full bio and contact info for Daniel J. Furniss at Townsend and Townsend and Crew LLP

Sean P. Gates is a Deputy Assistant Director in the Federal Trade Commission's Anticompetitive Practices Division. He has been involved in a number of matters involving the intersection of antitrust and patents, including the trial of the Commission's case against Unocal.

H. Stephen Harris, Jr., a partner with Alston & Bird LLP, is Chair of the firm's Antitrust Practice Group, where he litigates civil and criminal antitrust matters, including class actions and multidistrict litigation. He has represented numerous U.S. and non-U.S. companies before antitrust agencies of the U.S., the EU, and other countries.

John J. Kelly is the President of JEDEC, the leading standards developer for the semiconductor industry. Previously, Mr. Kelly was Executive Vice President and General Counsel of the Electronic Industries Alliance.

Michael A. Lindsay is a partner in the Trial Practice Group at Dorsey & Whitney LLP and co-chairs their Antitrust Practice area. Mr. Lindsay's focus is on civil litigation including antitrust counseling, trademark and unfair competition, commercial, securities and product-liability defense.
Full bio and contact info for Michael A. Lindsay at Dorsey & Whitney LLP

Frances E. Marshall is Special Counsel for Intellectual Property in the Antitrust Division at the U.S. Department of Justice where she advises the Division on matters in which competition and IP law and policy intersect. Previously, she was Attorney-Advisor in the General Counsel's Office at the U.S. International Trade Commission.

Suzanne T. Michel, Chief Counsel for Intellectual Property at the Federal Trade Commission, handles the IP and IP/antitrust issues that arise in the FTC's enforcement and policy initiatives. Before joining the FTC, she worked at the Department of Justice.

Ron Moore is Director of Legal Services, Corporate Standards Team for Microsoft Corporation. Previously, he was Director of Business Development for a Dolby Laboratories' subsidiary, responsible for the formation and operation of patent licensing programs for technology incorporated in published standards.

Joshua A. Newberg is Associate Professor at the University of Maryland's R.H. Smith School of Business. Previously, he was in private practice with Shearman & Sterling LLP and Attorney-Advisor to FTC Commissioner Roscoe Starek in the FTC's Bureau of Competition.

Gilad Y. (Gil) Ohana is Director, Antitrust & Competition for Cisco Systems, Inc., where he advises on antitrust issues relating to mergers and acquisitions, joint ventures, standard setting, distribution, and intellectual property licensing. He was previously with the U.S. Department of Justice.

Chuck Powers is Director, Standards Strategy in the Corporate Standards office at Motorola Inc., and is responsible for providing internal support and oversight for IP rights policy issues in standards areas of interest to the Corporate Technology Office and key businesses.

M. Sean Royall, a partner at Gibson Dunn & Crutcher LLP, specializes in antitrust and commercial litigation and co-chairs the firm's Antitrust and Trade Regulation Practice Group. Previously he was Deputy Director of the Bureau of Competition at the FTC.

Robert A. Skitol, senior partner in the Antitrust Practice Group of Drinker Biddle & Reath LLP, handles all facets of antitrust and trade regulation including guiding joint ventures and mergers through FTC and DOJ reviews, and coordinating multinational antitrust reviews.

Gregory P. Stone, a litigation partner at Munger Tolles & Olson LLP, specializes in complex litigation, including antitrust, IP and commercial disputes. He tried several cases for Rambus Inc. and continues to actively represent them in several patent infringement actions.

F. Donald Wright is Director of Standards, Lexmark International and immediate Past Chair of the IEEE-SA Standards Board and current Chair of its Patent Committee. Mr. Wright represents Lexmark to the W3C, UPNP and a variety of other standards-developing organizations.

Firm Links

Dorsey & Whitney LLP
Townsend and Townsend and Crew LLP