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Patent Law

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.

Address by Carly Fiorina - Event Video

2014 National Lawyers Convention
Carly Fiorina, Dean A. Reuter November 17, 2014

Carly Fiorina delivered this address at the 2014 National Lawyers Convention on Friday, November 14, 2014. She was introduced by Mr. Dean A. Reuter, Vice President & Director of Practice Groups at The Federalist Society.

Featuring:

  • Mrs. Carly Fiorina, Fiorina Group
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Mayflower Hotel
Washington, DC

Copyright Revision - Event Video

2014 National Lawyers Convention
Danielle M. Aguirre, Usman Ahmed, David S. Olson, Katherine A. Oyama, Mark F. Schultz, Douglas H. Ginsburg November 14, 2014

The U.S. Supreme Court has in the past several years begun to take several intellectual property cases each term, often including important copyright cases, like last term’s American Broadcasting Companies, Inc. v. Aereo, Inc.  At the same time, the legislature has already substantially revised patent rights, seems to be ready to revisit patent rights yet again, and is poised to consider revisions to copyright.  On the table seem to be issues of the length of copyright term, fair use, and more.  Our panel of experts will discuss the past present and future of IP and copyright.

The Federalist Society's Intellectual Property Practice Group presented this panel on "Copyright Revision" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Ms. Danielle Aguirre, Senior Vice President, Business & Legal Affairs, National Music Publishers’ Association
  • Mr. Usman Ahmed, Policy Counsel, eBay Inc.
  • Prof. David S. Olson, Associate Professor of Law, Boston College Law School
  • Ms. Katherine A. Oyama, Senior Copyright Policy Counsel, Google, Inc.
  • Prof. Mark F. Schultz, Senior Scholar and Director of Academic Programs, Center for the Protection of Intellectual Property, George Mason University School of Law; Law Professor, Southern Illinois University
  • Moderator: Hon. Douglas H. Ginsburg, U.S. Court of Appeals, D.C. Circuit; Professor of Law, George Mason University

Mayflower Hotel
Washington, DC