Law Seminars International Presents: A one-hour expert analysis on

The Federal Circuit Court's Recent Decision: In re Seagate Technology

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(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

August 29, 2007
TeleBriefing at 11:00 am Pacific, 12:00 pm Mountain, 1:00 pm Central, & 2:00 pm Eastern

Who Should Order This Homestudy

Private practitioners and in-house attorneys, industry executives, consultants, and government officials

Why Order

On August 20, 2007, the Federal Circuit issued a decision that will affect almost every company accused of patent infringement, as well as the trial lawyers and opinion counsel who represent them. In a much-anticipated en banc decision, the court overruled its standard for proving willful patent infringement, raising the bar by requiring clear and convincing evidence of "objective recklessness" on the part of the accused infringer, rather than a mere failure to exercise "due care" to avoid patent infringement. The court also held that if a defendant elects to rely on an opinion of counsel, the resulting waiver does not generally include attorney-client communications with trial counsel or the work product of trial counsel.

This important TeleBriefing will explore the background of this case, the interpretation of the "objectively reckless standard", and the implications for future willfulness litigation.

What You Will Hear

Agenda

Wednesday, August 29, 2007

11:00 am

Implications of the Recent Federal Circuit In re Seagate Technology, LLC Decision on Litigating the Issue of Willfulness in Patent Infringement Cases

Bradford P. Lyerla, Esq., Moderator
Marshall, Gerstein & Borun LLP / Chicago, IL

Case briefing

Donald W. Rupert, Esq.
Marshall, Gerstein & Borun LLP / Chicago, IL

Interpreting the "objectively reckless standard"; predicting how willfulness may be litigated in the future

Alison Tucher, Esq.
Morrison & Foerster LLP / San Francisco, CA

In-house perspective

Kirill Y. Abramov, Esq., Intellectual Property Litigation Director and Counsel
Charter Communications / St. Louis, MO

 
12:00 pm

Adjourn

 

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This TeleBriefing qualifies for 1.0 Washington CLE credit. Upon request, we will apply for CLE credits in other states and other types of credits.

Cost

You may download the entire TeleBriefing for $125 or obtain a CD for $135. Both options include the written materials.
Order Homestudy

Our Distinguished Panel

Bradford P. Lyerla, Moderator, senior partner at Marshall, Gerstein & Borun LLP, focuses on patent and trade secret litigation. He has been lead counsel in numerous trials and arbitrations. He has successfully tried cases for Solo Cup Company, AM International, U.S. Robotics, MCI, The Quaker Oats Company, Business Records Corporation, Loewen International, Classics Entertainment, FutureSource and Monosol. He is listed in Who's Who in America, Who's Who in American Law, America's Leading Lawyers and Illinois Super Lawyers.

Kirill Y. Abramov, the Intellectual Property Litigation Director and Counsel for Charter Communications, a Fortune 500 company, directs all phases of IP litigation. Previously, he was in-house counsel at Cardinal Health, was a member of the Intellectual Property Group at Sonnenschein Nath and Rosenthal LLP.

Donald W. Rupert, partner at Marshall, Gerstein & Borun LLP, provides intellectual property counseling and litigation with an emphasis on complex technology matters and the negotiation and preparation of technology transfer agreements. He has handled nearly 100 intellectual property lawsuits in his career and has been lead counsel in trials involving patent, copyright, trademark and related matters.

Alison Tucher, partner at Morrison & Foerster LLP, is the principal author of amici briefs urging the Federal Circuit to entertain Seagate's writ petition and to use it to replace Underwater Devices' "due care" standard with a "recklessness" standard. She has filed other successful briefs in the U.S. Supreme Court and the Federal Circuit, and has tried more than 20 cases to verdict.