Law Seminars International Presents

A Comprehensive Two-Day Conference On

Extraterritorial Enforcement of Private Intellectual Property Rights

June 25 & 26, 2007
Crowne Plaza Union Square Hotel in San Francisco, CA
Register      Download PDF Brochure

Who Should Attend

Attorneys and business executives involved with protecting and generating revenues from intellectual property

Why Attend

This seminar will present practical, time-tested advice for attorneys on both sides of the issue of IP protection as it relates to products imported into the United States. This advice will be equally helpful to companies in the United States that are encountering unfair competition from imported products, and to companies accused of engaging in unfair competition in connection with imported products. Senior government officials, experienced practitioners, and corporate executives will explain how the resources of the U.S. government can be effectively harnessed to prevent the importation of products that misuse the intellectual property rights of companies, regardless of nationality, and how lawful companies can continue to import their products. ~ Program Co-Chairs: Steven D. Hemminger, Esq. and Ralph A. Mittelberger, Esq.

What You Will Learn

~ Multi-national intellectual property enforcement opportunities: Understanding and using a matrix of laws and tribunals ~ Enforcement of intellectual property rights at the U.S. International Trade Commission ~ The nuts and bolts of litigating Section 337 cases ~ Effective presentation of an ITC case: View from the bench ~ Preparing for and enforcing rights through federal and state court litigation ~ Obtaining and retaining effective relief from the ITC ~ Suing outside the United States and issues in international litigation ~ Developing effective multinational case strategies

Agenda

Monday, June 25, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Steven D. Hemminger, Esq., Program Co-Chair
Akin Gump Strauss Hauer & Feld LLP / Palo Alto, CA
  Ralph A. Mittelberger, Esq., Program Co-Chair
Arent Fox LLP / Washington, DC
8:45 am Multinational Intellectual Property Enforcement Opportunities: Understanding and Using a Matrix of Laws and Tribunals
  A practical approach toward enforcement decisions for companies selling products in the U.S. in competition with foreign companies and domestic companies using foreign components
  Ralph A. Mittelberger, Esq., Program Co-Chair
Arent Fox LLP / Washington, DC
9:45 am Break
10:00 am Enforcement of Intellectual Property Rights at the U.S. International Trade Commission
  Overview of ITC cases under Section 337 of the Tariff Act: patent, trademark, and copyright infringement; other unfair trade practice; special ITC jurisdictional requirements such as the domestic industry and importation; remedies
  Thomas S. Fusco, Esq., Supervisory Attorney, Office of Unfair Import Investigations
U.S. International Trade Commission / Washington, DC
  Steven D. Hemminger, Esq., Program Co-Chair
Akin Gump Strauss Hauer & Feld LLP / Palo Alto, CA
12:00 pm Lunch (on your own)
1:15 pm The Nuts and Bolts of Litigating Section 337 Cases
  Issues encountered during the litigation of Section 337 cases, such as preparing the complaint and working with the ITC Staff
  James C. Brooks, Esq.
Orrick, Herrington & Sutcliffe LLP / Los Angeles, CA
  Marcia Sundeen, Esq.
Kenyon & Kenyon LLP / Washington, DC
3:00 pm Break
3:15 pm Effective Presentation of an ITC Case: View from the Bench
  How best to present a case and explain complicated technologies to the judge; effective use of experts and exhibits; how to convince a judge to "push the envelope" of the law and accept new legal theories; avoiding pitfalls, such as being a "Rambo"
  The Hon. Sidney Harris, Administrative Law Judge
U.S. International Trade Commission / Washington, DC
  The Hon. Delbert R. Terrill, (Ret.), Of Counsel
Sonnenschein Nath & Rosenthal LLP / Washington, DC
5:00 pm Reception for Attendees and Faculty Sponsored by Akin Gump Strauss Hauer & Feld LLP and Arent Fox LLP

Tuesday, June 26, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Steven D. Hemminger, Esq., Program Co-Chair
Akin Gump Strauss Hauer & Feld LLP / Palo Alto, CA
  Ralph A. Mittelberger, Esq., Program Co-Chair
Arent Fox LLP / Washington, DC
8:45 am Preparing For and Enforcing Rights Through Federal and State Court Litigation
  Pros and cons of proceeding in federal and state courts instead of with the ITC; claim drafting steps to obtain patents that cover foreign activities in light of RIM and AT&T decisions; Voda v Cordis; recent Supreme Court decision in Microsoft v AT&T
  Steven D. Hemminger, Esq.
Akin Gump Strauss Hauer & Feld LLP / Palo Alto, CA
9:45 am Break
10:00 am Obtaining and Retaining Effective Relief from the ITC
  Actions that private parties can take to assist Customs; the interplay between Customs and the ITC
  David R. Hamill, Esq.
Arent Fox LLP / Washington, DC
  Downstream product issues; other enforcement issues; advisory opinions
  Kevin M. O'Brien, Esq.
Baker & McKenzie LLP / Washington, DC
12:00 pm Lunch (Light Buffet Sponsored by Arent Fox LLP and Akin Gump Strauss Hauer & Feld LLP)
1:15 pm Suing outside the United States and Issues in International Litigation
  An overview of important substantive and procedural differences between U.S. litigation and litigation in the courts of other countries in which you may want to bring a lawsuit or become entangled in litigation; Europe and Asia
  Christian Rohnke, Esq.
White & Case LLP / Hamburg, Germany
  Yasufumi Shiroyama, Esq.
Anderson Mori & Tomotsune / Minato-ku, Tokyo,
2:30 pm Break
2:45 pm Developing Effective Multinational Case Strategies
  A hypothetical multinational enforcement effort: Deciding where to file; discovery tips and challenges; coordinating and managing simultaneous domestic and foreign litigation
  Ralph A. Mittelberger, Esq., Program Co-Chair, Moderator
Arent Fox LLP / Washington, DC
  Keith G. Askoff, Esq., Associate General Counsel, Intellectual Property
Varian Medical Systems, Inc. / Palo Alto, CA
  Perry R. Clark, Esq.
Kirkland & Ellis LLP / San Francisco, CA
  Stefani E. Shanberg, Esq.
Perkins Coie LLP / San Francisco, CA
4:00 pm Evaluations and 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 Monday, June 18, 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 12.5 California MCLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference will be held at the Crowne Plaza Union Square Hotel at 480 Sutter Street in San Francisco, CA 94108. Call the hotel directly at (415) 398-8900 for reservations at the special negotiated rate of $179 and mention that you are attending a Law Seminars International conference. 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 $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

Steven D. Hemminger, Program Co-Chair, is an intellectual property partner at Akin Gump Strauss Hauer & Feld LLP. His practice focuses on litigating intellectual property disputes involving high technology, nationally and internationally, with expertise in litigation of patent, trademark and trade secret cases in the electronics, semiconductor, and computer software and hardware fields. He is named in Chambers USA for Intellectual Property Litigation.

Ralph A. Mittelberger, Program Co-Chair, partner at Arent Fox LLP, is a member of the Intellectual Property Litigation National Practice Group, where he practices litigation in cases involving patents, trademarks, trade secrets, antitrust and unfair trade practices. Previously, he was a Supervisory Attorney and Chief of the Patent Branch of the Office of Unfair Competition of the U.S. ITC, a trial attorney with the Department of Justice, and President of the ITC Trial Lawyers Association.

Keith G. Askoff, Associate General Counsel, Intellectual Property, at Varian Medical Systems, Inc., has responsibility for all aspects of intellectual property, including determining strategic intellectual property direction, managing dispute resolution and litigation, managing the patent program, counseling internal clients on trade secret, patent, trademark and copyright issues, and negotiating intellectual property deals.

James C. Brooks is a partner at Orrick, Herrington & Sutcliffe LLP where he is a member of the Intellectual Property Group. His practice focuses on intellectual property disputes, including patent, trade secret and antitrust lawsuits, between various Silicon Valley technology companies.

Perry R. Clark, partner at Kirkland & Ellis LLP, focuses on intellectual property trials and appeals. His experience includes jury trials involving patent infringement, trade secret misappropriation, and joint development agreements. In addition, he has served as appellate counsel before both the Federal Circuit and California state courts.

Thomas S. Fusco is Supervisory Attorney, Office of Unfair Import Investigations, at the U.S. International Trade Commission. He has worked at the ITC in the area of Section 337 for approximately 20 years, first as an attorney-advisor to The Hon. Sidney Harris, then as a staff attorney and supervisory attorney in the Office of Unfair Import Investigations.

David R. Hamill, partner at Arent Fox LLP, focuses on international, customs, trade policy and disputes, and export controls and sanctions issues. He has represented Fortune 500 companies whose imports and exports are regulated by the Department of Homeland Security and the Bureau of Customs and Border Protection. He assists companies with customs audits, including focused assessments, importer self-assessments and NAFTA verifications.

The Hon. Sidney Harris is an Administrative Law Judge at the U.S. International Trade Commission, serving in this position since 1984. Previously, he practiced privately in Washington, DC and was an attorney with the U.S. Department of Justice.

Kevin M. O'Brien is a partner at Baker & McKenzie LLP, practicing intellectual property and international trade law. His principal areas of focus have been in counseling, licensing, and international litigation, concerning products imported into or exported from the United States. He has handled numerous matters with the U.S. International Trade Commission and Customs Service, including patent, trademark and trade secret matters.

Christian Rohnke is a partner at White & Case LLP. He is admitted in the U.S. and Germany, practicing exclusively intellectual property law, in particular in the following areas: trademark, patent, copyright, licensing and franchising, entertainment, advertising, and media, including First Amendment cases. His work focuses on litigation at all levels of courts.

Stefani E. Shanberg is a partner at Perkins Coie LLP, specializing in Intellectual Property litigation with a focus on investigations before the International Trade Commission. She advises clients including Fortune 500 companies, emerging growth ventures and non-profits to creatively and pragmatically solve problems.
Full bio and contact info for Stefani E. Shanberg at Perkins Coie LLP

Yasufumi Shiroyama, partner at Anderson Mori & Tomotsune, is part of the Intellectual Property Group Practice. He focuses on drafting and arguing complaints, motions and answers, for patent, copyright and know-how litigation, and also for litigation arising from technology transfer agreements, in district and appellate courts in Japan.

Marcia Sundeen, partner at Kenyon & Kenyon LLP, is chair of the International Trade Practice Group. Her experience lies in litigating a wide variety of intellectual property disputes in both U.S. District Courts and the ITC. She is a past President of the ITC Trial Lawyers Association and was an attorney at the ITC.

The Hon. Delbert R. Terrill, (Ret.) is Of Counsel at Sonnenschein Nath & Rosenthal LLP. Judge Terrill served for over 15 years as an Administrative Law Judge with the federal government, most recently at the U.S. ITC and the Federal Energy Regulatory Commission. At the ITC, he presided over complex patent and trademark-related Section 337 cases, including the largest patent and trademark cases in ITC history.

Firm Links

Perkins Coie LLP