Law Seminars International Presents

An Annual Comprehensive Two-Day Conference on

Standards Bodies & Patent Pools

Key legal and business developments

October 11 & 12, 2007
Sheraton Crystal City Hotel in Arlington, VA
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Who Should Attend

Any participant in standard setting organizations or patent pools including in-house counsel, IP and technology lawyers, technology executives and engineers

Why Attend

The importance of technical standards-setting efforts and patent pools is at an all-time high in the electronics and software industries and other high technology markets. Standard setting and patent pools involve collaborations among competitors and are frequently resulting in antitrust and intellectual property disputes. Antitrust enforcers have renewed attention to these endeavors and the "rules of the road" are continually evolving. This third annual two-day conference features top government regulators, legal practitioners and representatives from companies that deal with standard setting and patent pools. 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, the Broadcom v. Qualcomm case, recent DOJ business review letters, among others, will be reviewed. ~Program Co-Chairs: David A. Balto, Esq. and Eric A. Prager, Esq.

What You Will Learn

* How patent pools and standards bodies are supposed to work * FTC regulatory and case law update * Negotiating royalties before the standard is set * Insider views of standards body administration * Latest developments from DOJ and FTC on standard setting and patent pooling * Tips for structuring patent pools to minimize antitrust problems * Tips for determining "reasonable" royalties

Agenda

Thursday, October 11, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  David A. Balto, Esq., Program Co-Chair
David A. Balto, Attorney at Law / Washington, DC
  Eric A. Prager, Esq., Program Co-Chair
Darby & Darby, P.C. / Seattle, WA
8:45 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.
  David A. Balto, Esq., Program Co-Chair
David A. Balto, Attorney at Law / Washington, DC
9:45 am Special Address: The Interplay Among Standardization, IP Licensing and Antitrust
  Gerald F. Masoudi, Esq., Deputy Assistant Attorney General, Antitrust Division
United States Department of Justice / Washington, DC
10:30 am Break
10:45 am Patent Pools and Standards Bodies: Connections and Disconnections Between How They're Supposed to Work and How They Actually Work
  Situations where disconnects develop between goals and actual results, and how to avoid them
  Christopher J. Kelly, Esq.
Mayer, Brown, Rowe & Maw LLP / Washington, DC
  Minda R. Schechter, Esq.
Connolly Bove Lodge & Hutz LLP / Los Angeles, CA
12:00 pm Lunch (on your own)
1:15 pm Special Address: Providing Guidance on Standard Setting and Patent Pools from an Enforcer's Perspective
  Kenneth Glazer, Esq., Deputy Director, Bureau of Competition
Federal Trade Commission / Washington, DC
2:00 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, Antitrust Division
United States Department of Justice / Washington, DC
  Geoffrey Oliver, Esq., Assistant Director, Anticompetitive Practices Section
Federal Trade Commission / Washington, DC
3:15 pm Break
3:30 pm Insider's View of Standards Body Administration
  Ralph H. Justus, Acting Director
Electronic Components, Assemblies & Materials Association / Arlington, VA
4:00 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
  David A. Balto, Esq., Program Co-Chair
Attorney at Law / Washington, DC
  Michael A. Lindsay, Esq.
Dorsey & Whitney LLP / Minneapolis, MN
  Robert A. Skitol, Esq.
Drinker Biddle & Reath LLP / Washington, DC
  Richard S. Taffet, Esq.
Bingham McCutchen LLP / New York, NY
5:00 pm Day One Wrap-Up
  David A. Balto, Esq., Program Co-Chair
David A. Balto, Attorney at Law / Washington, DC
  Eric A. Prager, Esq., Program Co-Chair
Darby & Darby, P.C. / Seattle, WA
  Jeffery B. Fromm, Esq., Vice President, Deputy General Counsel & Director of Intellectual Property
Hewlett-Packard Company / Palo Alto, CA
5:30 pm Reception for Attendees and Faculty Sponsored by David A. Balto, Attorney at Law and Darby & Darby, P.C.

Friday, October 12, 2007

8:00 am Registration and Continental Breakfast
8:30 am Patent Pool Formation and Management
  Overview: Ten years after the DOJ established a set of standards for patent pool formation and management, and eight years after providing guidance, what has been learned about how to manage patent pools without creating antitrust risk?
  Garrard R. Beeney, Esq.
Sullivan & Cromwell LLP / New York, NY
  Insider views of patent pool administration
  William L. Geary, Jr., Esq., Vice President, Business Development
MPEG LA, LLC / Chevy Chase, MD
  Susan Gibbs, Esq., Intellectual Property Licensing Attorney
Via Licensing Corporation / San Francisco, CA
10:15 am Break
10:30 am Broadcom v. Qualcomm Debate
  One of the most prominent antitrust cases involving standard setting is the battle between these two high-tech giants being fought out before the federal courts, ITC and the EU
  Mark W. Nelson, Esq.
Cleary Gottlieb Steen & Hamilton LLP / Washington, DC
  Richard S. Taffet, Esq.
Bingham McCutchen LLP / New York, NY
11:30 am Special Address - A View from the Bench: Issues Facing Technical Standards and Patent Pools in the Courts
  What do antitrust and IP lawyers need to know as standards become a subject of litigation?
  The Hon. Randall R. Rader
United States Court of Appeals for the Federal Circuit / Washington, DC
12:15 pm Lunch (on your own)
1:30 pm Tips for Determining 'Reasonable' Royalties
  The impact of recent case law on the economic analysis of determining a 'reasonable' royalty and the practical impact on licensing negotiations
  Alan J. Cox, Ph.D., Senior Vice President
NERA Economic Consulting / San Francisco, CA
  Gil Ohana, Esq.
Wilmer Cutler Pickering Hale and Dorr LLP / Palo Alto, CA
2:45 pm Day Two Wrap-Up
  David A. Balto, Esq., Program Co-Chair
David A. Balto, Attorney at Law / Washington, DC
  Eric A. Prager, Esq., Program Co-Chair
Darby & Darby, P.C. / Seattle, WA
  Jeffery B. Fromm, Esq., Vice President, Deputy General Counsel & Director of Intellectual Property
Hewlett-Packard Company / Palo Alto, CA
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
  Eric A. Prager, Esq., Program Co-Chair
Darby & Darby, P.C. / Seattle, WA
4:30 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 Friday, October 5, 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

This program qualifies for 12 VA CLEcredits 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 Sheraton Crystal City Hotel at 1800 Jefferson Davis Hwy in Arlington, VA 22202. Call the hotel directly at (703) 486-1111 for reservations at the special negotiated rate of $289 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
More about the Location

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, focuses on antitrust, trade regulation and intellectual property litigation. Previously, he was Policy Director of the Bureau of Competition of the Federal Trade Commission (FTC) and attorney advisor to Chairman Robert Pitofsky.

Eric A. Prager, Program Co-Chair, principal at Darby & Darby, P.C., focuses on counseling, licensing, and litigation of intellectual property rights. He represents one of the Big Four record companies in its digital content delivery and standard setting initiatives.

Kenneth Glazer, Special Address, Deputy Director of the Bureau of Competition at the FTC, oversees Mergers II and IV, Anticompetitive Practices and the Compliance Division. Previously, he was the Senior Competition Counsel for The Coca-Cola Company.

Judge Randall R. Rader, Special Address, is a Circuit Judge on the United States Court of Appeals for the Federal Circuit. He is co-author of a casebook on patent law used at over sixty-five law schools.

Garrard R. Beeney, Moderator, partner with Sullivan & Cromwell LLP, is chair of the firm's Intellectual Property and Technology Group. He has litigated IP and antitrust law cases, representing both plaintiffs and defendants in infringement actions.

Alan J. Cox, Ph.D., Senior Vice President at NERA Economic Consulting, has extensive experience in testifying on patent damages in the semiconductor, biotechnology, health care and other industries.
Full bio and contact info for Alan J. Cox at NERA Economic Consulting

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

Sean P. Gates, Deputy Assistant Director in the FTC's Anticompetitive Practices Division, has been involved in matters of antitrust and patents, including the trial of the Commission's case against Unocal.

William L. Geary, Jr., Vice President of Business Development at MPEG LA, LLC, is responsible for new patent pools for licensing by the company. He is a patent attorney and previously was General Patent Counsel for Samsung Electronics.

Susan Gibbs, IP Licensing Attorney for Via Licensing Corporation, focuses on legal issues with Via's established pools, including litigation strategy and compliance program. She also supervises outside counsel in these matters.

Ralph H. Justus, Acting Director, manages the standards and technology functions at the Electronic Industries Alliance and the Electronic Components, Assemblies & Materials Association. He conducts, coordinates and administers the standards development programs within the Alliance and represents EIA and ECA in these industry activities.

Christopher J. Kelly, partner at Mayer, Brown, Rowe & Maw LLP, focuses on the application of antitrust law to the acquisition and use of intellectual property rights. Previously, he served at the U.S. Department of Justice, Antitrust Division.

Michael A. Lindsay, partner in the Trial Practice Group at Dorsey & Whitney LLP, co-chairs the Antitrust Practice area, and focuses on antitrust counseling, merger and non-merger antitrust investigations and commercial litigation, including antitrust litigation.

Frances E. Marshall, Special Counsel for Intellectual Property in the Antitrust Division at the U.S. Department of Justice, advises the Division on matters in which competition and IP law and policy intersect.

Gerald F. Masoudi, Deputy Assistant General in charge of International, Policy, and Appellate Matters in the Antitrust Division at the U.S. Department of Justice, previously was Principal Deputy Chief Counsel at the U.S. Food and Drug Adminstration.

Mark W. Nelson, partner at Cleary Gottlieb Steen & Hamilton LLP, focuses on U.S. and EU antitrust matters, with an emphasis on mergers including antitrust counseling, litigation in civil and criminal matters, and FTC administrative proceedings.

Gil Ohana, of counsel in the Antitrust and Competition Department at Wilmer Cutler Pickering Hale and Dorr LLP, has experience in securing antitrust clearance for mergers and acquisitions in the U.S.and EU, and in private antitrust litigation and government merger/non-merger investigations.

Geoffrey D. Oliver, Assistant Director, Anticompetitive Practices Division in the FTC's Bureau of Competition, has extensive experience with standard-setting and IP issues. He was lead counsel on Rambus, Inc.

Minda R. Schechter, of counsel with Connolly Bovee Lodge & Hutz LLP as a registered patent attorney and an antitrust attorney, handles patent abuses, infringement and licensing, as well as antitrust issues including standard setting and patent-related antitrust issues. She is co-author/co-editor of the treatise, "California Antitrust Law".

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.

Richard S. Taffet, partner with Bingham McCutchen LLP and co-chair of the firm's Intellectual Property Litigation and Patent Prosecution Group, serves as lead counsel in intellectual property, antitrust and commercial litigation matters.

Firm Links

NERA Economic Consulting