Program Details
On Demand

New IP Business Models: Innovation or Commoditization?: Seeing Double - Validity Tests in the US and Europe: District Court, USPTO, and Federal Circuit

Content Partner:  West LegalEdcenter
Price: $189.00*
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The United States is the only country offering parallel processes to assess patent validity: in the district courts and the United States Patent & Trademark Office. However, the rules for claim construction and burden of proof are not parallel for both venues.  
In 2012, three new proceedings were created to test the validity of patents at the USPTO. The patent owner must succeed in all proceedings that test validity in order to recover for infringement.  In contrast, validity in the UK is tested in the court proceeding; in Germany, the validity is tested in the Federal Patent Court after the regional court has determined infringement.  The U.S. approach is more time consuming, uncertain, and expensive.  American patent owners face a much higher chance of losing their issued patent due to these parallel proceedings.  The uncertainty for validity in this country has signaled a new market for arbitrage.
This panel will discuss the impact of changing risks and rewards for businesses leveraging patents in the US and abroad.
Robert Greene Sterne, Co-Chair; Founding Director, Sterne, Kessler, Goldstein & Fox P.L.L.C.
Douglas A Cawley, Principal, McKool Smith PC
Phil Hartstein, President & CEO, Finjan Holdings, Inc. 
Hy Hetherington, Chief Executive Officer, HLP Integration, 1624 LLC
Corey Horowitz, Chairman and CEO, Network-1
Kevin Jakel, CEO, Unified Patents Inc.
Robert Saltzberg, Managing Director, Ovidian Group, LLC

Practice Areas: Intellectual Property Law
Online Media Type: Audio
Production Date: 04/23/2015
Level: Intermediate
Category: Standard
Duration: 0 Hours, 55 Minutes
Online Format: On Demand

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

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Total Credits: 0.75
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

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Robert Greene Sterne - Co-Chair; Founding Director, Sterne, Kessler, Goldstein & Fox P.L.L.C.
Douglas A. Cawley - Principal, McKool Smith PC
Phil Hartstein - President and CEO, Finjan Holdings, Inc.
Hy Hetherington - Founder, 1624 LLC
Corey M. Horowitz - Chairman and CEO, Network-1
Kevin Jakel - Unified Patents Inc., Los Altos, CA
Robert Saltzberg - Managing Director, Ovidian Group, LLC
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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