Patents are critical to Silicon Valley – they are foundational for many business-clients and central to the legal practices of many SCCBA members. But the patent landscape is undergoing an upheaval. The Leahy-Smith America Invents Act (AIA), enacted in 2011, was the most far-reaching transformation of the U.S. patent system in decades, and many of the AIA's most consequential provisions have only recently been implemented. At the same time, the Federal Circuit and the U.S. Supreme Court have handed down a series of landmark decisions with major impacts on patent law and practice. And there are mounting drumbeats for even more change, including demands for new ways of restricting so-called "patent trolls."
Our panelists, who are patent litigation and prosecution practitioners representing the perspectives of both patent owners and infringement defendants, will present an up-to-the-minute appraisal of the patent landscape in September 2013. Their presentations will explore the aims and substance of the recent developments in patent law and provide their professional appraisal of impacts and best practices going forward – including emerging insights on the sweeping changes to post-grant practice that took effect last Fall and are just beginning to generate sufficient insight to make an assessment. The panelists will provide both a broad perspective on the system and practical guidance on how changes in the landscape are, or should be, shaping our strategy and day-to-day practice.
Planned topics will include the following:
Background on the AIA and other key recent changes in U.S. patent law – What were the perceived problems, the proposed solutions, are they working as intended, and what other key near-term changes can be anticipated?
Patent Basics after AIA – What are the ramifications of the AIA and other key changes for patents as business assets, including patentability determinations (e.g., new scope of "prior art" and "first inventor to file" AIA provisions)?
Patent Litigation and Licensing – How have the AIA and other key changes impacted patent enforcement (from both the patent owner/plaintiff and infringement defendant perspective)?
PTO Post-Grant Review – What conclusions can we draw about the new PTO post-grant review procedures, including an assessment of the early results of these procedures, and their relationship to patent litigation and licensing?
Each attendee will receive copies of the materials presented by the panelists and will have the opportunity to ask questions.