The John Marshall Law School Center for Intellectual Property, Information & Privacy Law
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IP Executive Seminar

Standard Essential Patents: What Every IP Attorney and In-house Counsel Should Know

Graham Bell
Cubicibuc Limited

David L. Cohen
David L. Cohen, P.C./Kidon IP Corporation

Hon. Randall R. Rader (ret.)
Former Chief Judge
U.S. Court of Appeals for the Federal Circuit

Friday, October 12, 2018
9 a.m. – 4:30 p.m.

Register Online

CLE Credit: 6 Hours (pending)

Tuition: $195 (valid until September 14); $245

Scholarships available for
faculty, students, and staff

The development and licensing of Standard Essential Patents (SEPs) underpin so many aspects of modern life—from wireless telephony to Wi-Fi to connected cars and the internet of things—that it is very easy to underappreciate the complexity of the rules and practices that govern SEP. As the speed at which technologies converge increases, more and more sectors are adopting standards-based technologies for connectivity and interoperability. It is more important than ever for licensors and licensees to know the facts and necessary behaviors required to navigate the risks. Pulling together technology management, intellectual property, business, economics, and politics, this is one of the most interdisciplinary fields of law.

This seminar is designed for IP attorneys, licensing professionals, and technologists interested in gaining valuable insights into the why and how of SEP development and licensing. It will be taught by a renowned former jurist, a respected licensing executive, and an innovative IP strategist who will bring their perspectives to bear on this fascinating field.

Seminar Schedule

8 a.m.

Registration Opens

9 a.m.–11:30 a.m.

Standard-Setting: Origins, Benefits, and Challenges

  • Benefits and challenges of standardization
  • Standard essential patents (SEPs) as an inevitable consequence of standards
  • Identification of SEPs and other challenges
  • SEP licensing: processes, pitfalls, and best practices
11:30–11:45 a.m.

Coffee Break

11:45 a.m.–12:30 p.m.

Standard Setting Organizations (SSOs) and the Patent Wars

  • How SSOs deal with SEPs: ETSI and IEEE
  • Does the nature SEPs and FRAND portfolio licensing inevitably lead to disputes?
  • Key court and agency cases to date in the U.S.: legal holdings and how they Impacted the SEP landscape
  • Key court and agency cases from Europe and Asia: legal holdings and how they Impacted the SEP landscape
  • Patent wars as a global phenomenon: Does it make sense, and is it even possible to consider SEPs and the patent wars outside of a global perspective?
12:30–1:30 p.m.

Lunch Break

Lunch will be provided.
1:30–3 p.m.

Royalties and Injunctions

  • Basis for royalties, including “entire market value” vs. “smallest salable patent practicing unit,” “top down” vs. “bottom up,” and “strict proportionality” vs. “proportionality plus”
  • SEP validity: Are there any valid SEPs?  Portfolio licensing’s dirty little secret
  • Pros and cons of damage models and their application to FRAND rate setting
  • Injunctions: Are they still available for SEPs and is the debate about injunctions missing something critical about the structure of non-U.S. litigation (or did you ever try to get damages in Germany)?
  • Options for licensees and licensors in presenting fair arguments and settling on a common ground.
  • Trends in and implications of court-enforced portfolio licensing in Unwired Planet v. Huawei and its progeny
3–3:15 p.m.

Coffee Break

3:15–4:45 p.m.

Panel Discussion: Trends and Predictions

  • The future of licensing, including “pay-as-you-go” licensing
  • Blockchain in license management and compliance
  • Managing risk in a SEP-centric world
  • Transferability in lessons from telecoms into other sectors
4:45–6 p.m.

Wine & Cheese Reception

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The John Marshall Law School
Center for Intellectual Property, Information & Privacy Law
315 S. Plymouth Court
Chicago, IL 60604
p. 312.427.2737
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