Date:  11/29/2007

Time:   November 29, 2007

Location:   Fairmont Hotel, San Jose, California

Speaker:   Marc D. Peters

Description:  

Patent law has undergone significant changes in the last year. Practitioners face evolving technology and growing globalism, plus the wake of recent major decisions. This year’s Institute provides the analysis, tools, and practice strategies to help navigate this complex environment. Highlights include:

• USPTO rules changes and initiatives
• Reexaminations and obviousness after KSR International v. Teleflex, Inc.
• Strategic patent prosecution
• Privilege waiver, “objective recklessness”—leading in-house and outside counsel on In re Seagate • Contingency fees, billing structures, and portfolio monetization • Forum selection—jury pools, local rules, and outcomes

Description of my talk:
KSR International v. Teleflex, Inc. has been called “the most important patent case of the last 20 years.” It is widely thought that KSR made it much easier to invalidate patents for obviousness and, in particular, increased the attractiveness of reexamination proceedings to patent defendants. This session will discuss potential reexamination strategies and recent empirical data from the perspective of the PTO, patent owners, and litigants.