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Intellectual Property

Balancing Patent Rights and Litigation Abuses - Event Audio/Video

Patents and Innovation: Addressing Current Issues
F. Scott Kieff, Adam Mossoff, Noah Phillips, Dean A. Reuter December 04, 2014

Policy makers on Capitol Hill are poised to press forward with legislation thatpurports to address what some believe is a litigation crisis, driven by so-called non-practicing entities. Others believe the legislation would ultimately undermine important property rights and patent licensing arrangements. The latter group asserts that a growing body of empirical evidence holds that patent litigation rates have not increased significantly and in fact appear to be on the decline.   Will the proposed patent legislation address real litigation abuses, and what effect will it have on legitimate patent holders?  Is there a responsible way to address patent litigation abuses without hampering patent-based incentives to invest in innovation?  What do the answers to these questions mean for the United States efforts to promote strong IP laws abroad?

This panel was part of a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC.

Featuring:

  • Hon. F. Scott Kieff, Commissioner, United States International Trade Commission
  • Mr. Noah Phillips, Chief Counsel, U.S. Senator John Cornyn at Senate Judiciary Committee
  • Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar of the Center for the Protection of Intellectual Property, George Mason University School of Law
  • Moderator: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Mayflower Hotel
Washington, DC

The Regulatory Reach of the FTC, and its International Implications - Event Audio/Video

Patents and Innovation: Addressing Current Issues
Alden Abbott, Joshua D. Wright, Paul R. Michel, Dean A. Reuter December 04, 2014

Parity between the treatment of intellectual property rights (IPRs) and real property is a core principle of the DOJ/FTC 1995 Guidelines on licensing patents, which provide that the “[a]gencies apply the same general antitrust principles to conduct involving intellectual property that they apply to conduct involving any other form of tangible or intangible property.”  Are these guidelines still being followed, or have the Federal Trade Commission and Department of Justice have taken actions that signal a departure, and perhaps a skepticism about patent licensing activity, particularly with respect to technological standards?  Under either scenario, what are the implications for innovative U.S. companies at home and abroad, including in China where regulators are using antimonopoly powers to extract commercial concessions from U.S. technology leaders?   How can patent rights and competition policiesbest co-exist while preserving incentives for firms to invest in R&D and disseminate patented technologies through licensing, standard setting, and other voluntary arrangements?

This panel was part of a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC.

Featuring:

  • Mr. Alden F. Abbott, Deputy Director, Edwin Meese III Center for Legal and Judicial Studies; John, Barbara, and Victoria Rumpel Senior Legal Fellow, The Heritage Foundation; former Director of Patent and Antitrust Strategy, BlackBerry
  • Hon. Joshua D. Wright, Commissioner, Federal Trade Commission
  • Moderator: Hon. Paul Michel, former Chief Judge, U.S. Court of Appeals, Federal Circuit
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Mayflower Hotel
Washington, DC

Keynote Address by Richard Epstein - Event Audio/Video

Patents and Innovation: Addressing Current Issues
Richard A. Epstein, Dean A. Reuter December 04, 2014

Prof. Richard Epstein delivered the Keynote Address during a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC. He was introduced by Dean A. Reuter, Vice President & Director of Practice Groups at the Federalist Society.

Seventh Annual Rosenkranz Debate - RESOLVED: Indiscriminate Collection of American Phone Records Violates the Fourth Amendment - Event Video

2014 National Lawyers Convention
Michael B. Mukasey, Nadine Strossen, Nicholas Quinn Rosenkranz, Eugene B. Meyer November 17, 2014

The Seventh Annual Rosenkranz Debate was held on November 15, 2014, during The Federalist Society's 2014 National Lawyers Convention. RESOLVED: Indiscriminate Collection of American Phone Records Violates the Fourth Amendment.

Featuring:

  • Hon. Michael B. Mukasey, Partner, Debevoise & Plimpton LLP and former U.S. Attorney General
  • Prof. Nadine Strossen, Professor of Law, New York Law School, and former President, American Civil Liberties Union, 1991 - 2008
  • Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

Mayflower Hotel
Washington, DC

“The Dog Ate My Emails!”: Document Retention Policies, Litigation Holds, and Legal Ethics - Event Video

2014 National Lawyers Convention
Jamie Brown, Daniel Z. Epstein, Patrick Oot, Victoria A. Redgrave, Julie Goldsmith Reiser, Jerry E. Smith, Jack J. Park Jr. November 17, 2014

Once upon a time, corporations, government departments, and other entities made their own decisions about how long to retain documents created or received in the course of business.  Today, document retention policies can present difficult issues for the entities, for the lawyers who advise them, and for the courts that are called on to decide the consequences when documents are no longer available.  Particularly in the electronic age, where computers die, people delete their emails, and backups are not always reliable, document retention cannot be counted on.  What are an attorney’s obligations?  Should a lawyer bringing suit write to the other side and warn that entity not to engage in normal document destruction and to back up particularly important data?  Does the company being sued have to comply?  These are some of the questions that the panel will address.

In-house lawyers may face particular difficulties.  Does the lawyer represent only the institution, or does the lawyer also have obligations to the employees? Should the lawyer advise the employees to censor themselves in emails sent via the employer’s email system?  Should employees be encouraged to communicate about work through their personal email instead?  How does an in-house lawyer handle the conflicts between representing individuals who do not want to disclose discoverable emails for emails unrelated to ongoing litigation (perhaps because they made impolitic comments about their supervisors)?

Finally, the panel will discuss if there are special obligations for counsel representing government entities.  Government records have a unique status.  They document the conduct of public business and are necessary for transparency and, more formally, are subject to retention and preservation requirements.  Should lawyers advise government clients that backups cannot be destroyed for years, contrary to current IRS policy?  Should lawyers inform government employees that their personal emails, if discussing issues related to their work, may also be discoverable?  How does the government’s duty of transparency to the public affect its disclosure obligations and the lawyer’s corresponding obligations to her client?

The Federalist Society's Professional Responsibility & Legal Education Practice Group presented this panel on "'The Dog Ate My Emails!': Document Retention Policies, Litigation Holds, and Legal Ethics on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Ms. Jamie Brown, Global eDiscovery Counsel, UBS AG, and former Associate General Counsel, Commodities Futures Trading Commission
  • Mr. Daniel Epstein, Executive Director, Cause of Action
  • Mr. Patrick Oot, Partner, Shook Hardy & Bacon L.L.P., and former Senior Special Counsel for Electronic Discovery Office of the General Counsel, U.S. Securities and Exchange Commission
  • Mrs. Victoria A. Redgrave, Managing Partner, Redgrave LLP
  • Ms. Julie Goldsmith Reiser, Partner, Cohen Milstein Sellers & Toll PLLC
  • Moderator: Hon. Jerry Smith, U.S. Court of Appeals, Fifth Circuit
  • Introduction: Jack J. Park Jr., Of Counsel, Strickland Brockington Lewis LLP; and Chairman, Professional Responsibility & Legal Education Practice Group

Mayflower Hotel
Washington, DC