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Levin College of Law

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Thursday, February 19, 2009

FTC Announces Third in Series of Hearings on Evolving Intellectual Property Marketplace

Posted by D. Daniel Sokol

The FTC has announced Public Hearings to be held in Washington, DC on March 18 and 19, 2009 on The Evolving Market for Intellectual Property.

INDUSTRY ROUNDTABLES
MARCH 18, 2009
Four panels will examine the operation of IP and technology markets in a variety of industries and contexts and the impact of patent policies on those markets. Panelists will discuss the factors they consider in determining how to use patents in the IP marketplace, for instance, whether to enforce exclusivity or enter licensing agreements. The panels will consider whether these markets operate efficiently and transparently, and what could be done to improve their operation. The effect of recent Supreme Court decisions and uncertainty in the patent system will be discussed, as will experience with the patent system’s notice function.

PANEL 1: UNIVERSITIES AND ENTREPRENEURS
9:00-10:30
Panelists:
Ron D. Katznelson, Ph.D., President, Bi-Level Technologies
Joe E. Kiani, Chief Executive Officer and Chairman of the Board of Directors, Masimo Corp.
Jon Soderstrom, Ph.D., Managing Director, Office of Cooperative Research, Yale University
Thomas G. Woolston, Chief Executive Officer, MercExchange LLC

BREAK:
10:30-10:45

PANEL 2: THE IT AND ELECTRONICS INDUSTRIES
10:45-12:15
Panelists will include:
John Thorne, Senior Vice President and Deputy General Counsel, Verizon Communications Inc.
BJ Watrous, Vice President and Associate General Counsel, Intellectual Property & IP
Licensing, Hewlett-Packard Company

LUNCH BREAK :
12:15-1:45

PANEL 3: MANUFACTURING AND DIVERSIFIED COMPANIES
1:45-3:15
Panelists:
William J. Coughlin, President and CEO, Ford Global Technologies
Gary Griswold, retired President and Chief IP Counsel, 3M Innovative Properties
Carl Horton, Chief IP Counsel, GE
Steven W. Miller, Vice President & General Counsel - Intellectual Property, The Procter & Gamble Company
Richard F. Phillips, Chief Attorney, Technology, ExxonMobil Chemical Company

BREAK:
3:15-3:30

PANEL 4: BIOTECHNOLOGY AND PHARMACEUTICAL INDUSTRIES
3:30-5:00
Panelists:
Thomas J. DesRosier, Senior Vice President; General Counsel; Chief Legal Officer, Genezyme Corp.
Dr. Jeffrey Myers, Head of global IP Enforcement Group , Pfizer, Inc.
Steven Singer, Partner, and Chair, Technology Transactions and Licensing Practice Group; Co-
Chair, Life Sciences Group, Wilmer Hale
James D. Smith, Associate General and Chief Intellectual Property Counsel, Baxter Int'l.

THE OPERATION OF IP MARKETS
MARCH 19, 2009
KEYNOTE ADDRESS
9:00-9:30
Herbert F. Schwartz, retired partner, Ropes & Gray, Adjunct Professor of Law, University of Pennsylvania Law School and New York University Law School

PANEL 1: ECONOMIC PERSPECTIVES ON IP AND TECHNOLOGY MARKETS
Panelists will examine how patents facilitate technology transfer, whether markets for technology and IP operate efficiently and transparently, and what could be done to improve their operation. The effect of recent Supreme Court decisions on licencing decisions will be discussed.
9:30-11:30
Panelists:
Professor Ashish Arora, Heinz College, Carnegie Mellon University and Fuqua School of Business, Duke University
James E. Bessen, Lecturer in Law, Boston University School of Law; Director, Research on Innovation
Professor F. Scott Kieff, Washington University School of Law and Senior Fellow, Hoover Institution
Robert Hunt, Ph.D., Assistant Vice President, Federal Reserve Bank of Philadelphia
Professor Scott Stern, Kellogg School of Management, Northwestern University

LUNCH BREAK :
11:30-1:00

PANEL 2: FULFILLING THE PATENT SYSTEM’S PUBLIC NOTICE FUNCTION
1:00-5:15 (break from 3:00-3:15)
Experts from academia and the bar will address the extent to which the patent system adequately fulfills its notice function – for example, ensuring that the firms seeking to develop and introduce innovative technologies can obtain clear and reliable information regarding the existence and scope of patent rights that could cover those technologies. Specifically, panelists will consider how various patent law doctrines or procedural aspects of the system affect notice, including (1) legal standards such as rules of claim construction and standards governing indefiniteness, written description, and enablement, and (2) examination practice and procedures, including notice available from the information that applicants are required to supply during the examination process, the information provided by examiners in allowing claims, the use of continuing applications, and the publication of applications and evolving claims.
Panelists will include:
Robert A. Armitage, Senior Vice President and General Counsel, Eli Lilly & Co.
Dan L. Burk, Founding Faculty, University of California Irvine School of Law
Christopher A. Cotropia. Associate Professor of Law, University of Richmond School of Law
Stephen G. Kunin, Partner, Oblon, Spivak, McClelland, Maier & Neustadt, P.C.
Arti K. Rai, Elvin R. Latty Professor of Law, Duke University School of Law
Teresa Stanek Rea, Partner, Crowell & Moring

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