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Patents and Innovation: Addressing Current Issues

Intellectual Property Practice Group

December 2, 2014

On December 2, 2014, the Federalist Society hosted a half-day conference on Patents and Innovation. Prof. Richard Epstein delivered the Keynote Address.

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9:30 a.m. - 10:45 a.m.
The Regulatory Reach of the FTC, and its International Implications

Patents and Innovation: Addressing Current Issues

Topics: Administrative Law & Regulation • Intellectual Property • International Law & Trade
The Mayflower Hotel
1127 Connecticut Avenue NW
Washington, DC 20036

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Event Video

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Description

Parity between the treatment of intellectual property rights (IPRs) and real property is a core principle of the DOJ/FTC 1995 Guidelines on licensing patents, which provide that the “[a]gencies apply the same general antitrust principles to conduct involving intellectual property that they apply to conduct involving any other form of tangible or intangible property.”  Are these guidelines still being followed, or have the Federal Trade Commission and Department of Justice have taken actions that signal a departure, and perhaps a skepticism about patent licensing activity, particularly with respect to technological standards?  Under either scenario, what are the implications for innovative U.S. companies at home and abroad, including in China where regulators are using antimonopoly powers to extract commercial concessions from U.S. technology leaders?   How can patent rights and competition policiesbest co-exist while preserving incentives for firms to invest in R&D and disseminate patented technologies through licensing, standard setting, and other voluntary arrangements?

This panel was part of a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC.

Featuring:

  • Mr. Alden F. Abbott, Deputy Director, Edwin Meese III Center for Legal and Judicial Studies; John, Barbara, and Victoria Rumpel Senior Legal Fellow, The Heritage Foundation; former Director of Patent and Antitrust Strategy, BlackBerry
  • Hon. Joshua D. Wright, Commissioner, Federal Trade Commission
  • Moderator: Hon. Paul Michel, former Chief Judge, U.S. Court of Appeals, Federal Circuit
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Speakers

11:00 a.m. - 12:15 p.m.
Balancing Patent Rights and Litigation Abuses

Patents and Innovation: Addressing Current Issues

Topics: Administrative Law & Regulation • Intellectual Property • Litigation
The Mayflower Hotel
1127 Connecticut Avenue NW
Washington, DC 20036

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Event Video

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Description

Policy makers on Capitol Hill are poised to press forward with legislation thatpurports to address what some believe is a litigation crisis, driven by so-called non-practicing entities. Others believe the legislation would ultimately undermine important property rights and patent licensing arrangements. The latter group asserts that a growing body of empirical evidence holds that patent litigation rates have not increased significantly and in fact appear to be on the decline.   Will the proposed patent legislation address real litigation abuses, and what effect will it have on legitimate patent holders?  Is there a responsible way to address patent litigation abuses without hampering patent-based incentives to invest in innovation?  What do the answers to these questions mean for the United States efforts to promote strong IP laws abroad?

This panel was part of a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC.

Featuring:

  • Hon. F. Scott Kieff, Commissioner, United States International Trade Commission
  • Mr. Noah Phillips, Chief Counsel, U.S. Senator John Cornyn at Senate Judiciary Committee
  • Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar of the Center for the Protection of Intellectual Property, George Mason University School of Law
  • Moderator: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Speakers

12:30 p.m. - 2:00 p.m.
Luncheon and Keynote Address by Richard Epstein

Patents and Innovation: Addressing Current Issues

Topics: Administrative Law & Regulation • Intellectual Property
The Mayflower Hotel
1127 Connecticut Avenue NW
Washington, DC 20036

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Event Video

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Description

Prof. Richard Epstein delivered the Keynote Address during a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC. He was introduced by Dean A. Reuter, Vice President & Director of Practice Groups at the Federalist Society.

Speakers

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