MGM v. Grokster– We’ve Only Just Begun: Where the Law is Currently and Where the “Combatants” Want to Take It– The Impact of Secondary Liability on Copyright and Technology
9:15 - 11:30 a.m.
A discussion of the legal and legislative efforts of the various parties to the dispute. This panel will discuss the decision by the Court and the legislative agenda of the interested parties in regards to Congressional action regarding Secondary liability.

Moderator
Mark Litvack, Mitchell, Silberberg & Knupp LLP, Los Angeles, CA

Speakers
Russ Frackman, Mitchell, Silberberg & Knupp LLP, Los Angeles, CA

Fred Von Lohman, Senior Staff Attorney, Electronic Frontier Foundation, San Francisco, CA

Philip S. Corwin, Butera & Andrews, Washington, DC, Chief Lobbyist, Sharman Networks (owner of Kazaa)

Debbie Rose, Senior Legislative Counsel, Electronic Software Alliance, Washington, DC

Describing the Invention: The How, What, and Why of Section 112 ¶1 Compliance Today
9:15 - 11:30 a.m.
The Written Description requirement is a central requirement of U.S. patent law, yet its application by courts and the Patent Office has been widely criticized over the past few years. Furthermore, application of the “WD” requirement has been perceived as uneven between art fields and as heightened for biotechnology inventions. The result has been increased uncertainty about whether some issued patents will be valid and enforceable, and greater challenges for patent drafters and prosecutors. Consistent application of the WD requirement is of great importance and interest to many industries and universities, and will provide greater certainty regarding the scope and validity of issued patents to patentees and the public alike.

Moderator
Tom Morrow, Baker Botts LLP, Houston, TX

Speakers
Prof. F. Scott Kieff, Associate Professor of Law, Washington University in St. Louis, School of Law, St. Louis, MO

Dr. Jasemine Chambers, Director, Technology Center 1600, U.S. Patent & Trademark Office, Washington, DC (invited)

Charles Lipsey, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Steven Caltrider, Eli Lilly & Co., Indianapolis, IN

Martin Simpson, University Counsel, University of California, Oakland, CA

Veronica Lanier, Associate Director, University of California-Berkeley Technology Transfer Office, Berkeley, CA

Margaret Sampson, Vinson & Elkins, Austin, TX

Roderick R. McKelvie, Covington & Burling, Washington, DC
Former U.S. District Court Judge, U.S. District Court for the District
of Delaware.

	Friday Luncheon : Senator Barbara Boxer On Friday, June 24, the guest speaker will be Senator Barbara Boxer (D-CA). Senator Boxer will address current legislative activity related to intellectual property law. Senator Boxer was first elected to the U.S. Senate, representing the state of California, in 1992. She was re-elected in 1998 and 2004. She sits on several Senate committees, including the environment and public works, foreign relations, and commerce committees. She is the author of the book, Strangers in the Senate: Politics and the New Revolution of Women in America (Washington, D.C.: National Press Books, 1994). Prior to the U.S. Senate, she served 10 years in the U.S. House of Representatives. From 1976-1982 she was a member of the Board of Supervisors for Marin County. Senator Boxer earned her B.A. from Brooklyn College in 1962, and served as a stockbroker, a newspaper editor, and a congressional aide prior to entering politics.

Corporate and Outside Counsel: Constructive Give and Take
1:30 - 3:00 p.m.
The panel will discuss how corporate and outside counsel can work together to produce a high quality work product at a reasonable fee. One topic will be defining what characteristics make a client a helpful one rather than one who hinders outside counsel’s best performance. The debate will include the extent to which corporate counsel should be involved in each step of a litigation, including discovery, focus groups, and mock jury trials. It will also include how outside counsel is selected, the role each plays in settlement discussions, and the many issues involved in case management.

Moderator
Nancy Linck, Senior Vice President, Intellectual Property & Regulatory Affairs, and Chief Compliance Counsel, Guilford Pharmaceuticals, Baltimore, MD

Speakers
Q. Todd Dickinson, Vice President and Chief Intellectual Property Counsel, General Electric Company, Fairfield, CT

Steven Caltrider, Eli Lilly & Company, Indianapolis, IN

Edward V. Filardi, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Ethics Issues in IP Law
1:30 - 5:00 p.m.
Two areas of ethics will be presented and discussed during this session. The first half will deal with Legal Ethics and the Law of Disqualification. Disqualification has become a pressing issue in IP practice. How do the ethics rules relate to the law of disqualification? Are too many, or too few, disqualification motions being made? What are the long term implications of creating new categories of disqualifying events? The second half of the session will deal with Legal Ethics by IP Specialty. Each sub-discipline within the intellectual property field has its own legal ethics issues. This presentation will compare and contrast the way legal ethics varies in patent, copyright, trademark and trade secrets practice.

Presenter
John Steele, Special Counsel, Fish & Richardson P.C., Redwood City, CA, and Lecturer, University of California—Berkeley Boalt Hall School of Law, and Santa Clara University School of Law

Practical Experiences in Patent Arbitration
1:30 - 5:00 p.m.
Litigation counsel, in house lawyers, and arbitrators, all of whom have been actively involved in the arbitration of patent disputes, discuss their experiences and offer advice to those who are involved in or have ever contemplated, patent arbitration. Topics to be covered include drafting an effective arbitration clause, how advocacy in arbitration differs from litigation, structuring the relief available, should one provide for an appeals process, advantages and disadvantages of arbitration, providing for and limiting discovery in arbitration, and streamlining the hearing.

Moderator
M. Scott Donahey, Tomlinson Zisko LLP, Palo Alto, CA

Speakers
Michael Morin, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C.

Gaynell Methvin, Arbitrator & Mediator, Dallas, TX

David Berten, Competition Law Group, LLC, Chicago, IL

Susan Halverson, Vice President and Assistant General Counsel - Litigation, Medtronic, Inc., Minneapolis, MN

Richard D. Rochford, Chair, Intellectual Property and Technology Group, Nixon Peabody, LLP, Rochester, NY

Pamela Banner Krupka, Krupka Law Group, Los Angeles, CA

Special Section of Science & Technology Law Session:
Everyone Will Know It’s You: The Law and Technology of Biometrics
3:30 - 5:00 p.m.
In the near future, you will be able to pay for things, go through airport security, and log onto your computer simply by scanning your fingerprint. The increased use of biometrics, including your fingerprints, as identifiers, will greatly simplify your life. However, some privacy advocates question the increased use of biometrics and worry about the effects of government and corporate databases that register and hold fingerprint data and other biometric information. In spite of these concerns, government officials and companies in the biometrics industry claim that the use of biometrics will actually enhance privacy and reduce identity theft by decreasing reliance on credit cards, social security numbers, and passwords, which are easily lost or stolen. Who’s right? And who will own the copyrights to data related to or derived from your biometrics? Who will have the right to use data related to or derived from your biometrics? Come find out.

Moderator
William Sloan Coats, White & Case LLP, Palo Alto, CA

Speakers
Tarek Helou, Orrick, Herrington & Sutcliffe LLP, San Francisco, CA

Chris Hoofnagle, Electronic Privacy Information Center, San Francisco, CA

Lee Tien, Electronic Frontier Foundation, San Francisco, CA

Heidi Keefe, White & Case LLP, Palo Alto, CA

Hot Topics In Intellectual Property Law: A Review of Recent Cases in Trademark, Patent and Copyright Law
8:30 - 11:45 a.m.
A roundtable discussion of judges, scholars, lawyers, and clients about major recent developments in patent, copyright, trademark, and domain protection law.

Moderator
Rich De Bodo, Irell & Manella LLP, Los Angeles, CA

Speakers

Hot Topics in Copyright, Trademark, and Domain Protection Law

Pamela Samuelson, Chancellor’s Professor of Law and Information Management, UC Berkeley, and Director of the Berkeley Center for Law and Technology, Berkeley, CA

Sally M. Abel, Fenwick & West LLP, Mountain View, CA

Andrew P. Bridges, Winston & Strawn LLP, San Francisco, CA

Hon. Marsha Berzon, U.S. Court of Appeals for the Ninth Circuit, San Francisco, CA

Maggie Heim, Vice President and Assistant General Counsel, Sony Pictures Entertainment, Los Angeles, CA

Hot Topics in Patent Law

Hon. Susan Illston, U.S. District Court for the Northern District of California, San Francisco, CA

Hon. Ronald M. Whyte, U.S. District Court for the Northern District of California, San Jose CA

Prof. Margaret Jane Radin, Stanford Law School, Stanford, CA
Also Director, Stanford Program in Law, Science & Technology.

Roderick R. McKelvie, Covington & Burling, Washington, DC,
former U.S. District Court Judge, U.S. District Court for the
District of Delaware

One In-House Lawyer, to be named