Law Seminars International Presents

An Intensive One-Day Workshop on

Patent Claim Construction

Today's key issues, case law updates, litigation strategies, effective appellate advocacy

January 26, 2007
Grand Hyatt San Francisco in San Francisco, CA
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Who Should Attend

Attorneys, both in-house and private practice, and business executives involved with patent prosecution and litigation

Why Attend

Claim construction is the single most important phase of a patent case, and is often dispositive of infringement and validity issues. "Patent Claim Construction" is an intensive one-day seminar covering today's key issues in claim construction, including a case law overview and update, recent developments from the Federal Circuit, litigation strategies, effective appellate advocacy, and other pertinent issues. This seminar will feature a mock Markman hearing in which patent litigators representing the patent holder and accused infringer square-off before a real judge. Following the mock hearing, the judge will rule on the proper construction for selected claim terms and will provide commentary and rationales for the rulings. This seminar is designed for litigators, in-house counsel, and court clerks involved in patent cases, whether at the pre-filing, litigation or appellate stages. The presenters are all experienced patent litigators who have been involved in all aspects of patent cases. Their knowledge and insight will provide practitioners and non-practitioners alike with the essential tools and information necessary to work with proper claim construction. ~ Program Co-Chairs: Ian N. Feinberg, Esq. and Theodore T. Herhold, Esq.

What You Will Learn

~ Recent trends in Federal Circuit Court opinions ~ "Plain meaning" and dictionary definitions ~ Recent cases ~ Summary judgment motions ~ Evidentiary hearings ~ Proper role of experts ~ Effective advocacy ~ Post-claim construction ~ Handling claim construction on appeal

What Attendees Have Said About Similar Programs

~ Good program ~ The panel discussion was excellent ~ Many useful and interesting business ideas ~ The judge was a highlight - we lawyers can say what we wish, but what the judge says counts! ~ Overall, an outstanding day!


Friday, January 26, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Ian N. Feinberg, Esq., Program Co-Chair
Mayer Brown Rowe & Maw LLP / Palo Alto, CA
  Theodore T. Herhold, Esq., Program Co-Chair
Townsend and Townsend and Crew LLP / Palo Alto, CA
8:45 am Case Law Update - Back to the Future: Markman to Texas Digital to Phillips and Back Again to Markman
  A review of case law from Markman to the present tracing trends in Federal Circuit Court opinions over the last twenty years; where have we come from and where are we going?
  Ian N. Feinberg, Esq., Program Co-Chair
Mayer Brown Rowe & Maw LLP / Palo Alto, CA
  Whatever happened to "plain meaning" and dictionary definitions? Are there any universal truths in conducting claim construction? What do recent cases tell us about the direction of the court and/or individual judges?
  Theodore T. Herhold, Esq., Program Co-Chair
Townsend and Townsend and Crew LLP / Palo Alto, CA
10:15 am Break
10:30 am Litigation Strategies for Addressing Key Issues in Claim Construction
  The role of a patent litigator in conducting claim construction: Advocate or officer of the Court? How the approaches change depending on whether you represent the patentee or accused infringer; appellate review at the trial court level
  A. James Isbester, Esq.
Isbester & Associates, LLP / Berkeley, CA
  When and how to ask for claim construction; local rules as part of summary judgment motions; evidentiary hearings; proper role of experts; effective advocacy at the claim construction hearing. Post-claim construction: Now what?
  Ronald S. Lemieux, Esq.
Paul, Hastings, Janofsky & Walker LLP / Palo Alto, CA
12:00 pm Lunch (on your own)
1:15 pm A Mock Markman Hearing
  This session will replicate an actual Markman hearing, providing commentary and rationale for rulings. The court:
  The Hon. Fern M. Smith, Ret., Arbitrator and Mediator
JAMS / San Francisco, CA
  Counsel for the Patentee:
  Ragesh K. Tangri, Esq.
Keker & Van Nest LLP / San Francisco, CA
  Counsel for the Accused Infringer:
  Stuart P. Meyer, Esq.
Fenwick & West LLP / Mountain View, CA
3:15 pm Break
3:30 pm Handling Claim Construction on Appeal and Other Pertinent Issues
  Effective appellate strategy starts at trial court level; how to approach the appeal from the perspective of appellant vs. appellee; design patents
  Edward D. Manzo, Esq.
Cook Alex / Chicago, IL
  What to do when your panel is selected; tailoring your presentation accordingly. Other appellate and claim construction issues
  William L. Anthony, Jr., Esq.
Orrick, Herrington & Sutcliffe LLP / Menlo Park, CA
4:30 pm Philosophical Thoughts on Claim Construction
  Resolving ambiguities in patent claims: the fundamental unresolvable dichotomy; advantages and disadvantages of looking empirically vs. linguistically; historical perspective of philosophical issue of universals; Phillips' issues
  Bradford P. Lyerla, Esq.
Marshall, Gerstein & Borun LLP / Chicago, IL
5:15 pm Evaluations and Adjourn


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 Friday, January 19, 2007. 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

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 7.0 California MCLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.


The workshop will be held at the Grand Hyatt San Francisco at 345 Stockton Street in San Francisco, CA 94108. Call the hotel directly at (415) 398-1234 for reservations at the special negotiated rate of $195 and mention that you are attending a Law Seminars International workshop. Rooms are on a first come, first served basis.
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

Ian N. Feinberg, Program Co-Chair, partner with Mayer Brown Rowe & Maw LLP, focuses on trials, binding arbitrations, and trial preparation, and counseling (including litigation avoidance) regarding, patent, copyright, trade secret, trademark, licensing, unfair competition and antitrust matters, particularly in the software and semiconductor industries.

Theodore T. Herhold, Program Co-Chair, litigation partner with Townsend and Townsend and Crew LLP, specializes in patent infringement and other intellectual property litigation, complex commercial and antitrust litigation, and related counseling. He has litigated cases involving a wide range of technologies.
Full bio and contact info for Theodore T. Herhold at Townsend and Townsend and Crew LLP

William L. Anthony, Jr., partner at Orrick, Herrington & Sutcliffe LLP's Silicon Valley office, is a member of the firm's Intellectual Property Group and focuses his practice exclusively on technology and high-stakes patent litigation. He has tried a substantial number of cases, to both jury and bench, involving semiconductors, computers, and biotechnology.

A. James Isbester, founding partner at Isbester & Associates, LLP, advises and represents clients in intellectual property, antitrust, and related matters. He has negotiated numerous licenses, developments, and similar technology-intensive agreements for high technology and other companies.

Ronald S. Lemieux, partner in Paul, Hastings, Janofsky & Walker LLP's Litigation Department, represents clients in patent, technology, trademark, trade dress, unfair competition and other complex business matters in both state and federal courts, as well as in domestic and international arbitrations.

Bradford P. Lyerla, senior partner at Marshall, Gerstein & Borun LLP, is particularly well-known for patent, trade secret and unfair competition litigation, including Lanham Act and antitrust matters. He is listed in Who's Who in America, Who's Who in American Law, and has been named one of America's Leading Lawyers by the American Research Corporation.
Full bio and contact info for Bradford P. Lyerla at Marshall, Gerstein & Borun LLP

Edward D. Manzo is a founding shareholder of Cook Alex. He was principal counsel for IPLAC as amicus curiae in Phillips v. AWH Corp. (Fed. Cir. 2005 en banc) (patent claim construction), ITW v. Independent Ink (S. Ct. 2006) (patent/anti-trust presumptions), and Of Counsel to IPLAC in KSR Intl v. Teleflex (S. Ct. 2006-07) (patent obviousness). He is Editor-in-Chief of Claim Construction in the Federal Circuit, an annual review published by West Legalworks.

Stuart P. Meyer, partner at Fenwick & West LLP, counsels clients on intellectual property matters, including technology-based litigation, performing strategic intellectual property planning and intellectual property audits for technology companies, and securing patent, copyright, and other intellectual property rights.

The Hon. Fern M. Smith (Ret.), Arbitrator and Mediator with JAMS, has served as a Federal District Court Judge, settling and adjudicating complex cases involving a wide range of issues. Judge Smith also served as Director of the Federal Judicial Center, the primary training and educational institute for federal judges, where she was one of the primary editors of the MCL 4th (Manual of Complex Litigation).

Ragesh K. Tangri, partner with Keker & Van Nest LLP, has tried and litigated intellectual property, criminal, securities, antitrust, legal malpractice, and other civil cases. His clients in technology-related IP cases have included Intel, Broadcom, Cadence Design Systems, Inc., and Google.

Firm Links

Marshall, Gerstein & Borun LLP
Townsend and Townsend and Crew LLP