| TACTICS FOR MASTERING MARKMAN ISSUES
Claim Drafting to Hearings: Judicial and Litigation Perspectives
Sponsored with the Boston Patent Law Association & the Social Law Library
Please Note: This course has already
been held.
Date: Friday, October 20, 2006
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Patent litigation can be won or lost on claim construction. Claim construction is influenced by how claims are drafted, specifications are written and patents are prosecuted. Each of these is considered by a trial court during a Markman hearing to construe the claims, and ultimately to determine infringement and validity of a patent.
This program provides a look at claim construction from drafting to litigation. First, different types of claims (e.g., apparatus, method, means-plus-function, composition of matter and product-by-process) will be discussed with an eye towards how each may affect claim construction and enforcement of a patent. Next, a panel of patent prosecutors, litigators and in-house counsel will discuss their views of how a patent should be drafted and prosecuted to get the best results for their clients in view of Federal Circuit and Supreme Court case law.
Claim construction culminates at the Markman hearing. Watch as two experienced patent litigators argue a mock Markman hearing before Judge Young of the U.S. District Court for the District of Massachusetts, emphasizing some of the “Dos” and Don’ts” of arguing a Markman hearing. Then, hear from Judges Young and O’Toole as they explain how they conduct Markman hearings in their courtrooms, and highlight the common mistakes they see litigators make during their arguments.
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Honorable William G. Young
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U.S. District Court, District of Massachusetts |
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Daniel Hampton, Esq., Co-Chair
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Holland + Knight, LLP, Boston, MA |
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Timothy A. French, Esq.
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Fish & Richardson, P.C., Boston, MA |
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Heidi E. Harvey, Esq.
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Fish & Richardson, P.C., Boston, MA |
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Danielle Herritt, Esq.
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Lahive & Cockfield, LLP, Boston, MA |
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Joshua Krumholz, Esq.
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Holland + Knight, LLP, Boston, MA |
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John D. Mitchell, Esq., Chief IP Counsel
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Osram Sylvania, Inc., Danvers, MA |
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Mary K. Murray, Esq.
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Patent Attorney
Hamilton, Brook, Smith & Reynolds, P.C., Concord, MA |
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Honorable George A. O'Toole, Jr.
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U.S. District Court, Boston, MA |
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Robert J. Silverman, Esq.
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Lowrie Lando & Anastasi, LLP, Cambridge, MA |
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Jeffrey L. Snow, Esq.
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Kirkpatrick Lockhart Nicholson Graham, LLP, Boston, MA |
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Kenneth Kozik
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Holland + knight, LLP, Boston, MA |
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Not Able to Attend the Live Presentation?
View the Live Webcast If you are unable to travel to Boston, we invite you to participate in the live webcast. You will have access to the course materials and be able to see and hear the presentations as if you were in the room. All necessary software is free.
If you participate on the day of the Markman course, you will be able to email questions to the presenters. If you miss any of the live presentation, you will have access to the archived online course, which will be available for at least three months. Register before October 13 so that we can provide a username and password to access the course. Please click here to register.
| S C H E D U L E / A G E N D A |
| 9:00 |
WELCOME AND INTRODUCTIONS |
| Thomas M. Johnston, Co-Chair and Daniel Hampton, Co-Chair
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| 9:10 |
STRATEGIES FOR DRAFTING CLAIMS |
- What Is the Patent for
- What Does It Need to Cover
Timothy A. French
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| 9:45 |
PERSPECTIVES ON CLAIM DRAFTING |
- Issues for Prosecutors
- Issues for Litigators
- Issues for In-House Counsel
Moderator: Thomas M. Johnston
Danielle Herritt, Mary K. Murray & Jeffrey L. Snow
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| 11:15 |
MARKMAN 10 YEARS LATER |
- How Are Markman Hearings Conducted in Different Federal District Courts
- Importance of Markman Hearings in Infringement Litigation
Joshua Krumholz & John D. Mitchell
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| 12:15 |
LUNCH (Own your own) |
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| 1:15 |
MOCK MARKMAN HEARING |
Presiding: Honorable William G. Young
Heidi E. Harvey and Robert J. Silverman
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| 2:00 |
JUDICIAL PERSPECTIVE ON CONDUCTING MARKMAN HEARINGS |
- How Should It Be Done
- What Is Most Helpful to the Judge
Moderator: Daniel Hampton
Honorable George A. O'Toole, Jr. and Honorable William G. Young
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| 3:00 |
PANEL DISCUSSION OF MOCK HEARING |
| Moderator: Thomas M. Johnston
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| 4:00 |
COCKTAIL RECEPTION |
| Sponsored by Holland + Knight, LLP, Boston, MA
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| Date: |
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Friday, October 20, 2006 |
| Tuition: |
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Tuition is $249; $199 for Suffolk alumni, attorneys admitted to the Bar after 2003 and BPLA members. Centennial Scholarships, which provide a $100 discount off the regular tuition for our programs, are available to any attorney or professional employed in public service, or unable to afford the tuition. For more information, call 617-573-8627.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & ME
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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