standards patents & competition: law and litigation€“standards-patents... · 08.30...

Standards Patents & Competition: Law and Litigation

Main conference: Tuesday 1st & Wednesday 2nd December Litigating SEPs Workshop: Thursday 3rd December 2015 Kensington Close Hotel, London, UK

Call: +44 (0) 20 7017 5503 Email: [email protected] Online bookings & latest programme: www.ibclegal.com/standards

IBC Legal

Successfully navigate the complex interplay between standards, intellectual property and competition law

Ping GuoAdvisor and Team Leader,

Advanced Therapeutic GroupCHINA’s DRUG

ADMINISTRATION LAW COMMISSION

Judge Edgar Brinkman Judge

THE NETHERLANDS

Gunnar Woolf DG Competition

EUROPEAN COMMISSION

The Hon Justice Annabelle Bennett

JudgeFEDERAL COURT OF

AUSTRALIA

William CohenDeputy General Counsel for

Opinions and AnalysisFEDERAL TRADE COMMISSION

Associate Sponsors


Successfully navigate the complex interplay between standards,intellectual property and competition law

MAIN CONFERENCE DAY ONE: Tuesday, 1st December 2015

08.30 Registration and Coffee

09:00 Chair’s Opening Remarks

KEYNOTE ADDRESS

09:15 Standard Essential Patent Enforcement and Competition Policy

• EC’s consultation on ‘patents & standards’ – where next

Gunnar Woolf DG COMPETITION EUROPEAN COMMISSION

09:45 IEEE Update and Impact • The new IEEE policy: causes and consequences

David Law Chair, Patent Committee IEEE

10.10 Updates on SDO Policy Debates Dirk Weiler

Chairman of the Board and the IPR Special Committee ETSI

10.30 Morning Refreshments

10.50 IEEE The BIG debate Michael Fröhlich

Senior Director of EU Intellectual Property & Strategy, BLACKBERRY, Chairman, AIPPI SPECIAL COMMITTEE “PATENTS AND STANDARDS”

Jonathan Sage Government and Regulatory Affairs EU Executive IBM

Dan Hermele Senior Director and Legal Counsel QUALCOMM EUROPE

Nicolas Petit Professor of Law UNIVERSITY OF LIEGE

11.40 Collaborative Technology Developments: Commercial Influences and Strategies for Enforcing Technology Patents

• Collaborating with competitors on technology: when does a collaborative technology become a standard (and when does competition law kick in)

• Licensing of patent portfolios, benefits and drawbacks

- getting a license to the whole portfolio - a portion of it - only SEPs

Alfred Chaouat Senior Vice President – Licensing, TECHNICOLOR; President, LES FRANCE

13:20 Lunch

SPECIAL ADDRESS

14:20 View from the FTC William Cohen

Deputy General Counsel for Opinions and Analysis FEDERAL TRADE COMMISSION

TOO HOT TO TOUCH SESSION closed door session subject to Chatham House Rule

15:00 Do We Now Have a Definitive Decision?: Huawei v. ZTE

• Revisiting the status of the principle (Motorola) articulating the principle practice (Samsung)

• The economic significance of the legal fight • SEPs and FRAND requirements • Uncertainty in disputes • Procedural courtesy • Implications for patent law, where is Orange Book

now? • Effect on the current debates in SDOs

Dirk Weiler Chairman of the Board and the IPR Special Committee ETSI

Dr Clemens Heusch Head of Litigation EMEA NOKIA CORPORATION

Michael Fröhlich Senior Director of EU Intellectual Property & Strategy, BLACKBERRY, Chairman, AIPPI SPECIAL COMMITTEE “PATENTS AND STANDARDS”

Dr Claudia Tapia Director IPR Policy ERICSSON

15.50 Conversations That Matter: Drawing Conclusions from Huawei v. ZTE

A room-wide discussion where the presenter and other facilitators volley comments and questions around the room and let you steer the session. A consideration of Standard essential patents and antitrust: impact of the CEJU ruling and its application by the German court

PANEL SESSION

16:10 Competition Law & Patents – The Issues and a Consideration of the Solutions

• Where are we on what’s anti-competitive? • ‘Strategic use’ of patents? • Anti-competitive enforcement • Antitrust and standards: global perspectives




Panel Matthew Heim

Senior Director, Government Affairs & Counsel QUALCOMM

Gabriella Muscolo Commissioner, ITALIAN COMPETITION AUTHORITY, former Judge IP and Competition Law division, COURT OF ROME

17:30 Chair’s Closing Remarks

17:40 Close of Main Conference Day 1

Drinks Reception

MAIN CONFERENCE DAY TWO: Wednesday, 2nd December 2015

08.30 Registration and Coffee

09:00 Chair’s Opening Remarks

09:05 Patents - The View from the Bench The Rt. Hon. Lord Justice Floyd

Lord Justice of Appeal* Sharon Prost

Chief Judge UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT*

The Hon Annabelle Claire Bennett Judge FEDERAL COURT OF AUSTRALIA

Judge Karin Friehe Judge FEDERAL PATENT COURT OF GERMANY

Judge Edger Brinkman Judge THE NETHERLANDS

* Invited awaiting confirmation

09.50 State of Play Review of US Landscape Through 2015

• FRAND status : Microsoft / Motorola, FTC • US Supreme Court : top 10 in last 5 years ; what’s

next • AIA and post-grant review : status, what’s next ;

where is Federal Circuit? • US Congress and further revision of AIA • US litigation, USITC too • US and the UPC

Ken Adamo Partner KIRKLAND & ELLIS

10.30 FRAND in Focus - Innovation and Competition Incentives

• Who still believes in FRAND and why? • What’s the market impact and the price of failure • Will registering a patent have a negative effect on

an inventor’s involvement in the standardisation process?

• Protecting innovation • Are the rules driven by the big boys, where do the

small players come in • The dangers of setting commercial parameters • Patent transparency in standards: consequences

of more onerous patent disclosure requirements during standardization / what is an “accurate” list of standard essential patents

• Are SEP holders always dominant Moderator:

Andre-Pascal Chauvin President AVALUE

Panel: Jonathan Weeks

Deputy Director of Legal Affairs EMEA INTEL CORPORATION (UK) LIMITED

Michael Fröhlich Senior Director of EU Intellectual Property & Strategy, BLACKBERRY, Chairman, AIPPI SPECIAL COMMITTEE “PATENTS AND STANDARDS”

Matthew Heim Senior Director, Government Affairs & Counsel QUALCOMM

11:10 Morning Refreshments

11:30 Critical Update - Recent Cases, Developments and their Impact on Your Business

James Killick Partner WHITE & CASE

PANEL SESSION

12:00 Patent Pools • The FRAND Dilemma and Patent Pools • FRAND (Rates) as Effected in Patent Pools: Where

are we? • FRAND Uncertainty in the Courts: How Do Patent

Pools Fit In? • FRAND Compliance in the Shadow of Patent Pools

John Sideris Principal Licensing Counsel KONINKLIJKE PHILIPS N.V.

Roberto Dini Founder SISVEL GROUP





CHINA FOCUS

12.50 Legal Considerations for the Technology Transfer Process in China

• Patent risk mitigation strategy in partnering and acquisition in China

• Risk of trade secret litigation in China • Evaluation standards for licensing in China • Credential mechanism for new technology transfer

in China • Tactical solutions for evading potential injunctions in

China • Company’s perspective for preventing copycat or IP

pirates in China • How to license markets where there is a strong

protection action from the State to safeguard only national companies

Ping Guo Professional, Health Industrial Alliance Affiliated Committee of Genetic and Genomic Industry MINISTRY OF SCIENCE AND TECHNOLOGY, P.R.CHINA

James Killick Partner WHITE & CASE

13:30 Lunch

KEYNOTE ADDRESS

14:30 SEPs: Some Honest Perspectives • What are the agendas and nuances of approach

Nicolas Petit Professor of Law University of Liege

15:00 China and the New Normal Decision times • Can decisions be appealed? • International dynamics: what are the differences

and similarities between Chinese approaches as compared to the US and Europe?

He Jing Founding Member ANJIE LAW FIRM

WORLD CAFÉ

15:30 Unified Patent Court: Insights and Concerns Led by our experienced panel of Taylor Wessing

facilitators, this session allows delegates to come together to discuss and identify similar interests or ideas. Specially designed to develop ideas in three progressive round table rotations, expect to make connections and discuss experiences you can draw on and ‘take aways’ that you can utilise in your organisation. Key themes will encompass the UPC. For example, will the new court make NPEs more active in Europe – will we see EuroTrolls?

Led By: Chris Thornham

Partner TAYLOR WESSING (UK)

Panel: Wim Maas

Partner TAYLOR WESSING (Netherlands)

Paul England Senior Associate TAYLOR WESSING (UK)

James Marshall Partner TAYLOR WESSING (UK)

16:30 Afternoon Refreshments

PANEL SESSION

16:50 The Use of Expert Economic Evidence on Patent Damages and FRAND Royalties

• The proper royalty base • Neutral economic experts • Calculating a FRAND royalty rate • How to determine reasonable royalties, the various

methods being discussed (smallest sellable unit, entire market value, value of SEP apart from standardisation added value)

• What is a reliable comparable: the impact of patent hold up on previous agreements’ royalty levels, patent pool price as comparable

• Arbitration of FRAND royalties Richard Vary

Head of Litigation NOKIA

Yann Dietrich Senior Patent Licensing Executive & IP Counsel FRANCE BREVETS

Michel Neu Intellectual Property and Tech Transfer International Expert CEA

17:50 A Consolidation of the Main Issues of the Day by Facilitators

18:00 Close of Main Conference Day 2

Don’t miss the interactive workshop on 3rd December 2015

The Future of Litigating SEPs – Impact Huawei v. ZTE

A workshop looking in-depth at the issues and challenges that will now arise in litigating SEPs including a case study and

strategies for litigating SEPs in the wake of Huawei. 9.00 – 12.30 (with a 30 minute refreshment break)



Sponsor Profiles


Taylor Wessing's Intellectual Property practice is a market leader with more than 150 practitioners across the world. All of our teams have excellent technical capability and many members have previously worked in-house. The Patents team has outstanding experience in the patents courts in the UK and in Germany, consistently running the major patent litigation cases that go to trial. Chambers 2015 notes that Taylor Wessing is "a perfect example of how patent litigation is done".

Started in 1982 when Sisvel S.p.A. was founded in Italy, the Sisvel Group has become a world leader in managing intellectual property and maximizing the value of patent rights. The Sisvel Group is global in scope and reach, with companies in Italy, the United States, China, Japan, Germany, Luxembourg, and the United Kingdom, and with over one hundred professionals worldwide with technical, legal, and licensing expertise.

MyPatent is the online networking tool designed to help you maximise your time at Standards, Patents & Competition: Law and Litigation, allowing you to decide who you want to meet, and when.

• Exclusive access to the full delegate list online• Personalise your profile before the event, highlighting who you are, and

who you want to meet• Search by other attendees, and filter by industry players, expert advisers,

important and influential groups and service providers• Schedule meetings and send messages to other attendees and speakers

and personalise your agenda• Give feedback on individual sessions and speakers

MyPatent goes live two weeks prior to the event and stays live until one week after. That means three complete weeks of networking. Access is exclusive to paid-up attendees of the main conference. Login details are sent automatically via email

14 CPD Points for the main conference and 3 additional CPD for the workshop

Delegates are responsible for the arrangement and payment of their own travel and accommodation.

Informa has negotiated a special room rate at the hotel, to take advantage please visit the Accommodation Page on the conference website: www.ibclegal.com/standards

WHEN AND WHERE

PERSONAL DETAILS

COMPANY DETAILS

IIR Limited. Registered in England and Wales No: 1835199. Registered Office: 5 Howick Place, London, SW1P 1WG, UK. VAT Registered No: (GB) 365 4626 36. IBC Legal Conferences is part of IIR Limited.

Main conference:1st & 2nd December

Half-day “Litigating SEPs” Workshop:3rd December

Venue: Kensington Close Hotel, London Wrights Lane London W8 5SP UK

£200 discount

Unable to attend - event documentationNothing compares to being there - but you need not miss out! To order your online documentation please email [email protected].

Standards Patents & Competition: Law and Litigation £295 (+ VAT @ 20%)

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£200 discount for 3rd and subsequent delegates from your group. The VAT rate is subject to change and may differ from the advertised rate. The amount you are charged will be determined when your invoice is raised. Please note the conference fee does not include accommodation or travel costs. All discounts can only be claimed at the time of registration and multi-booking discounts cannot be combined with other discounts that may be available (apart from early booking discounts which are available to everyone). £200 discount for 3rd and subsequent delegates does not apply to people only booking onto the half-day workshop. All discounts are subject to approval. We are happy to accept a replacement delegate for the whole event; however delegate passes cannot be split or shared between delegates under any circumstances.

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Standards Patents & Competition: Law and LitigationMain conference: Tuesday 1st & Wednesday 2nd December Litigating SEPs Workshop: Thursday 3rd December 2015 Kensington Close Hotel, London, UK FKW82582

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Full Event: 2-day conference + “Litigating SEPs” workshop

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standards patents & competition: law and litigation€“standards-patents... · 08.30...

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