“The Role of Non-Practicing Entities in the Modern Patent System: A Debate”
9:00 a.m.-2:15 p.m.
Friday, February 24, 2012
Moot Courtroom (A59)
Free and open to the public.
3.25 hrs. CLE credit available for a $100 fee (School of Law alumni pay $50).
Register for the symposium.
Webcast live and available afterward for viewing on demand.
Non-practicing entities (NPE) evoke strong opinions. Even defining them can be controversial. Detractors argue that NPEs are inconsistent with patent law’s mission. By definition, NPEs do not commercialize patented technology, and sustain themselves by aggressively enforcing patent rights against those entities who do bring products to market. In contrast, those with a favorable view of NPEs counter that NPEs are market makers who take unused (or under used) assets and create value and add liquidity to the market through legitimate monetization efforts.
Business people, lawyers, and academics will discuss and argue all sides of the issue, and take feedback and questions from attendees during this interactive symposium. The format for the symposium will comprise two panels each having three panelists. Three topics will be explored and debated with a moderator leading the discussion. There will be a question and answer period after each topic is debated, and then the audience, armed with clickers, will vote on which panel won a given debate.
The theme of the conference is whether NPEs promote innovation; whether they are barriers to or facilitate R&D; whether they exploit the patent system in a way that is inconsistent with the purpose of the patent system; or, in contrast, whether they are market makers, adding liquidity to the market and providing a credible litigation threat on behalf of small entities and individual inventors.
The symposium will give local practitioners the opportunity to hear from experts in the fields of patent and intellectual property law, from both the bar and bench, as well as experts in science, technology and business. The information provided will be extremely valuable to the daily practice of corporate and IP lawyers, enabling them to better advise their clients regarding when to pursue enforcement of patent rights owned by their companies. In addition, lawyers will better be able to advise entrepreneur and inventor clients about filing patent applications, protecting their own patents, and avoiding costly litigation with larger companies.
SPEAKER
Judge Paul Michel, former Chief Judge of U.S. Court of Appeals, Federal Circuit
PANEL I
Robert Merges, Professor of Law, U.C. Berkeley School of Law
Michael L. Lynch, Shareholder, Schwegman, Lundberg, Woessner
John Paul, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
PANEL II
John Duffy, Professor of Law, University of Virginia School of Law
Erich Spangenberg, Chairman, IP Navigation Group
Jon Wood, Chief IP Counsel, Bridgestone Americas Holding Inc.
AGENDA
8:30-9:00 a.m. Registration - Ground Floor Rotunda
9:00-9:15 a.m. - Introduction
Craig Allen Nard, Tom J.E. and Bette Lou Walker Professor of Law
Director, Center for Law, Technology & the Arts, Case Western Reserve University
9:15-10:00 a.m.
Topic I - "NPEs promote innovation in a manner that is consistent with patent law’s objectives"
Panel I speaker presentations
Panel II speaker presentations
Rebuttals
Question & Answer, followed by Audience Vote
10:00-10:15 a.m. Break
10:15-11:00 a.m.
Topic II - "NPEs create patent markets and add liquidity and efficiency to the IP marketplace"
Panel I speaker presentations
Panel II speaker presentations
Rebuttals
Question & Answer, followed by Audience Vote
11:00-11:15 a.m. Break
11:15 a.m.-Noon
Topic III - “A look to the future: Will NPEs be around in five years?”
Panel I speaker presentations
Panel II speaker presentations
Rebuttals
Question & Answer, followed by Audience Vote
Noon-1:15 p.m. Lunch
1:15-2:15 p.m. Lecture
Judge Paul Michel, former Chief Judge, U.S. Court of Appeals, Federal Circuit
Introduction: Craig Allen Nard, Tom J.E. and Bette Lou Walker Professor of Law
Director, Center for Law, Technology & the Arts, Case Western Reserve University