The Supreme Court is slated to decide a record nine IP cases (six of which are patent cases) this Term, covering topics affecting the litigation of IP cases (burdens of proof, fee shifting, standing, statutes of limitation) and the substance of the IP law.
This session will cover the Court’s current and upcoming intellectual property-related docket in depth, and will discuss the effects of this blockbuster IP term in various industries, especially the life sciences, pharmaceutical, and high-tech sectors.
Topics and Cases to be Referenced:
Patentable Subject Matter/Section 101
Alice Corporation v. CLS Bank
Fee Shifting
Highmark Inc v. Allcare Health Management Systems, Inc.
Octane Fitness, LLC v. Icon Health & Fitness, Inc.
Indefiniteness
Nautilus, Inc. v. Biosig Instruments, Inc.
Litigation
Medtronic v. Boston Scientific
Limelight Networks, Inc. v. Akamai Technologies, Inc.
Lexmark International, Inc. v. Static Control Components, Inc.
Claim Construction
Teva Pharmaceuticals v. Sandoz
Copyright
Petrella v. Metro-Goldwyn-Mayer
American Broadcasting Companies, Inc. v. Aereo, Inc.
Panelists:
Mark Fleming
Partner, WilmerHale
Krish Gupta
Deputy General Counsel, EMC Corporation
William DeVaul
Associate General Counsel for IP and Litigation, Cubist Pharmaceuticals
Michael Meurer
Boston University School of Law
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