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.

Moderator:

Robert Greene Sterne, Co-Chair; Founding Director, Sterne, Kessler, Goldstein & Fox P.L.L.C.

Panel:

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

Course Type:		Public

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Speakers:

•	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.