| Time |
Session |
Panelists |
| |
Monday 4 March 2023 |
|
| 17:00 — 19:00 |
Welcome reception |
|
| |
Tuesday 5 March 2024 |
|
| 7:30 — 8:30 |
Registration |
|
| 8:30 — 8:45 |
Welcome and Overview |
Weinlein |
| 8:45 — 9:30 |
Panel 1 - Fireside Chat |
|
| |
In this discussion, we’ll hear from Director Vidal and others about the problems confronting intellectual property administrative agencies in their respective countries and how in their leadership roles they are addressing those challenges. These leaders will also identify and consider some of the changes they anticipate will impact their agencies in the nearer term and how they foresee their operations functioning in the longer term in light of novel future change including the proliferation of ubiquitous uses of artificial intelligence. |
Faure, Frohlich, Wu*, Vidal |
| 9:30 — 10:15 |
Panel 2 - The Role of Litigation Funding |
|
| |
Litigation funding is a relatively new development in Europe, but already billions of dollars have been raised and patent cases are an obvious choice for third-party funding. But with the U.K. Supreme Court’s ruling in Paccar v. Road Haulage, and the European Union’s announcement that it is investigating whether litigation funding should be regulated, is litigation funding in Europe still viable? Our panel will discuss this and more, with contributions from some of Europe’s leading funding organizations. |
Fetches, Gill, Hadzimehmedovic, Wielinga, Wuttke* |
| 10:15 — 10:30 |
Morning Break |
|
| 10:30 — 12:00 |
Panel 3 - The Unified Patent Court - Nearly One Year Later |
|
| |
The Unified Patent Court (UPC) went live on June 1, 2023. While it’s still early, we now have nearly a year of data on the unitary patent and the UPC to help guide decisions as to whether to request unitary effect for European patents, and whether to bring enforcement actions in the UPC. Our panel will address these topics and more including the latest developments, perspectives from judges and counsel engaged in UPC matters, predicted trends, and considerations for attorneys and clients contemplating the UP/UPC forum. |
Hon. Blok, Edwards, Hon. Kupecz, Hon. Jacobi, Widera, Wuttke* |
| 12:00 — 13:30 |
Lunch |
|
| 13:30 — 14:30 |
Panel 4 - Global Litigation - Venue Selection & Case Management |
|
| |
Increasingly, the most significant patent disputes are global in scope, involving multinational corporations and international activities. Because the substantive and procedural laws of relevant countries are often quite different—for example, regarding the availability of rapid injunctive relief or significant damages—parties strategize how to exploit those differences to their advantage. This panel will discuss some of the key procedural, substantive patent law, and economic considerations driving venue selection of the patent holder seeking to enforce its global patent portfolios, as well as patent revocation actions and declaratory proceedings. |
Hon. Albright, Hon. Cheney, Hon. Kokke, Muller-Stoy*, Rodrigues |
| 14:30 — 15:15 |
Panel 5 - Update on China Litigation |
|
| |
This panel will provide a short overview of certain key procedural considerations for patent litigation in China, including (1) jurisdiction; (2) service of process; (3) declaratory judgment; (4) burden of proof; (5) evidence production; and (6) key events. Additionally, panel members will highlight recent cases and will identify trends as reflected in recent litigation in China. |
Huang*, Wang, Zhang, Zhu |
| 15:15 — 15:30 |
Afternoon Break |
|
| 15:30 — 16:30 |
Panel 6 - International Enforcement of Trade Secrets |
|
| |
Trade secret misappropriation increasingly crosses national borders. This creates complications for lawyers and their clients, as trade secret law and practice varies widely across the world. This panel addresses these complications and strategies to address them. Specifically, this panel addresses: (1) differences in trade secret laws between countries; (2) extraterritorial application of US law in courts and at the ITC; (3) the role of international ADR to address trade secret misappropriation; (4) digital forensic examination in international investigations;and (5) strategies for addressing transnational misappropriation. |
Almeling*, Cooper, Falk, Pade, Hon. Pichlmaier, Rastemborski, Selwyn |
| 16:30 — 18:00 |
Panel 7 - Global SEP/FRAND Update |
|
| |
The assertion and valuation of standard-essential patents, and the determination of a fair, reasonable, and non-discriminatory (FRAND) royalty rate, continues to be hot topic worldwide. Whether it’s the European Commission’s proposed “framework” for SEPs, the continued rise of SEP patent pools, or the question of who determines a global FRAND rate, our panel will address these topics and provide insight from industry insiders. |
Delgado*, Faraji, Geiszler, Meyer, Hon. Pichlmaier, Trenton, Mutimear |
| 18:00 — 20:00 |
Reception (guests invited) |
|
| |
Wednesday, 6 March 2024 |
|
| 8:00 — 9:00 |
Registration |
|
| 9:00 — 10:00 |
Panel 8 - Conversation With In-House Counsel |
| |
This diverse panel of in-house counsel representing varied industries will discuss intellectual property issues from around the world which present opportunities for and threats to their business operations. In-house legal departments are constantly being asked to do more with less, from assessing risks to new product lines to enforcing IP rights against multiple competitors. Our panelists will also provide thoughts on ways in which outside counsel can partner with their clients on IP issues and strategy to most effectively generate value for their mutual benefit. |
Earle, Faraji, Ferguson*, Toliver, Whitaker |
| 10:00 — 11:00 |
Panel 9 - BioPharma Update |
| |
In the wake of the Covid-19 pandemic and vaccines, it is clear that biotechnology generates both innovation and IP litigation. The panel will discuss legal developments in life sciences IP litigation globally, including proposals to override IP rights in order to expand access to healthcare innovations; new decisions on what is and what is not patentable (such as plausibility in case G2/21 in the EBA, and section 112 in antibody cases in the US); and the standards required for courts to grant injunctions on patents protecting life-saving technologies. |
Groombridge*, Hon. Klepsch, Hon. Kokke, Metier, San Martin |
| 11:00 — 11:15 |
Morning Break |
|
| 11:15 — 12:45 |
Panel 10 - Judicial Roundtable |
|
| |
Hear from an experienced panel of European and U.S. judges on issues impacting litigation involving patents and trade secrets, case management insights and recommendations regarding beneficial practices counsel and clients can follow to advance their interests in judicial fora. This panel will also discuss UPC litigation insights from the first year of the court's operation. |
Hon. Albright, Hon. Blok, Hon Cheney, Hon Kupecz, Hon. Klepsch, Powers* |
| 12:45 — 13:00 |
Closing Statements |
Weinlein |
| 13:00 — 14:00 |
Lunch |
|
