Lessons from the Smartphone Wars: How Recent Litigation Has Changed the Landscape for Patent Enforcement Seminar

12/03/2014 02:00 p.m. - 06:00 p.m.

Litigation, Patent Litigation, and ITC Litigation

Roppongi Academyhills, Tower Hall
Roppongi Hills Mori Tower 49F
6-10-1 Roppongi
Minato-ku, Tokyo 106-6149

Lynn I. LevineLouise C. StoupeRobert J. Hollingshead, and James E. Hough

Lynn I. LevineJames E. HoughRobert J. Hollingshead, and Louise C. Stoupe


Joubin Ghojehvand

The smartphone patent litigation battles have driven recent developments in U.S. patent law, most notably on damages, injunctions, and administrative relief. Morrison & Foerster lawyers have been deeply involved in these battles, and we will held a “Lessons from the Smartphone Wars: How Recent Litigation Has Changed the Landscape for Patent Enforcement” seminar in December 3, 2014, in Tokyo, Japan. Our speakers include one of the trial lawyers who led Apple, Inc.’s trial team against Samsung, and the former Director of the International Trade Commission’s Office of Unfair Import Investigations.

We are also pleased to present a panel discussion with panelists who will share their experiences and insights on use of outside counsel to enforce patent rights and defend against infringement claims.

Topics Will Include:

  • Lessons from the trenches: smartphone wars as crucible for developments on injunction law and damages
  • The International Trade Commission’s Evolving Role in Enforcing U.S. Patent Rights Issues emerging uniquely from the smartphone wars that will be covered include:
    • Temporary Restraining Orders being placed out of reach for infringement of complex devices given the burden of proof.
    • The causal nexus requirement for injunctions which requires proof that an invention drives demand in order to show irreparable injury.
    • The extension of the causal nexus requirement to enjoin the use of individual patented features and also to proof of lost profits.
    • The rejection of "rules of thumb" as acceptable proof of lost profits.
    • The need to allocate damages to specific features.
    • Importance of continuous royalty in the case of forced licenses.
    • Unavailability of exclusion orders for FRAND-encumbered patents.

Panel Discussion:

Perspectives on Effective Use of Outside Counsel


  • Harold J. McElhinny
    Partner, Morrison & Foerster LLP Tokyo Office
  • Lynn I. Levine
    Senior Of Counsel, Morrison & Foerster LLP Washington D.C. Office
  • James E. Hough
    Partner, Morrison & Foerster LLP Tokyo Office
  • Robert J. Hollingshead
    Partner, Morrison & Foerster LLP Tokyo Office
  • Louise C. Stoupe
    Partner, Morrison & Foerster LLP Tokyo Office

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