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Practical Tips on Intellectual Property Law - Washington D.C.

Practical Tips On
Enforcing
and Defending Patents

American Bar Association
Section Of Intellectual Property Law
Young Lawyers Committee
in cooperation with
The San Diego County Bar Association
Intellectual Property Section
Preceding the 10th Annual Summer IPL Conference

June 17, 2003
Loews Coronado Bay Resort
San Diego, California

Practical Tips on Enforcing and Defending Patents

Intellectual property law is a complex prac-tice area requiring a broad array of skills. The Practical Tips program is designed to enhance these skills and enable IP practi-tioners to handle the many tasks that rou-tinely arise in this increasingly important area of practice. Unlike programs that deal principally with cutting-edge issues and recent court decisions, the Practical Tips program features top professionals from the IP field who provide practical advice on dealing with the "nuts and bolts" of every day IP practice. For the sixth year, the Practical Tips program is being spon-sored by the Young Lawyers Committee of the ABA Section of Intellectual Property Law, this session in cooperation with the San Diego County Bar Association Intellectual Property Section and the San Diego Intellectual Property Law Association.

This particular Practical Tips program focuses on the enforcement and defense of patents in court. As a special benefit to those attending the program, a number of "model" documents typically used in patent litigation will be made available for future reference and possible adaptation for later use. These documents have been prepared by some of the nation's leading patent litiga-tion attorneys and cover a wide variety of subjects in-cluding: litigation checklists, sample discovery requests, protective orders, case management orders, jury instruc-tions, and trial/appellate papers.

Program Schedule

Tuesday, June 17, 2003

8:45 a.m. - 8:50 a.m.
ADMINISTRATIVE REMARKS
Kim R. Jessum
, Morgan Lewis, Philadelphia, PA.
Program Co-Chair.

8:50 a.m. - 9:00 a.m.
WELCOMING REMARKS
Michael L. Fuller
, Knobbe, Martens, Olson & Bear, LLP, San Francisco, CA.
Co-Chair, San Diego County Bar Association Intellectual Property Section.

9:00 a.m. - 10:00 a.m.
PRE-LITIGATION MATTERS

Notice to Infringers, Pre-Litigation Options, Responding to a Notice of Infringement, Pleadings
Frederick S. Berretta, Knobbe, Martens, Olson & Bear, LLP, San Diego, CA
Steven E. Lipman, Oblon, Spivak, McClelland, Maier & Neustadt, PC, Alexandria, VA

10:00 a.m. - 11:00 a.m.
CLIENT RELATIONS

The Client's Role, The Decision to Settle or Litigate, Communication with Client and Opposing Counsel
George A. Frank, Ph.D., Drinker, Biddle & Reath, LLP, Philadelphia, PA
Stuart D. Smolen, Immersion Corporation, San Jose, CA

11:00 a.m. - 11:15 a.m.
BREAK


11:15 a.m. - 12:15 p.m.
DISCOVERY

Written Discovery, Depositions of parties and Non-Parties, Third-Party Discovery, Protective orders, Experts
Perry M. Goldberg, Irell & Manella, LLP, Los Angeles, CA
Steven Gardner, Kilpatrick Stockton, LLP, Winston-Salem, NC


12:15 - 1:30 p.m.
BUFFET LUNCHEON

Introduction of Speaker: Marcy Peek, Assistant Professor, Whittier Law School, Costa Mesa, CA
Guest Speaker: Kevin J. Greene, Assistant Professor of Law, Thomas Jefferson School of Law, San Diego, CA

1:30 - 2:30 p.m.
PRE-TRIAL MATTERS

Dispositive Motions, Pre-trial Conference, Motions in Limine, Proposed Jury Instruction
Thomas F. Smegal, Knobbe, Martens, Olson
& Bear, LLP, San Francisco, CA
Jerry R. Selinger, Jenkens & Gilchrist, PC, Dallas, TX

2:30 - 3:30 p.m.
MARKMAN HEARINGS

Markman Practice, Procedures and Tactics
Robert C. Weiss, Jones Day, Los Angeles, CA
James L. Ewing, IV, Kilpatrick Stockton LLP, Atlanta, GA

3:30 p.m. - 3:45 p.m.
BREAK


3:45 - 4:45 p.m.
TRIAL AND POST-TRIAL MATTERS

Trials and Post-Trial Proceedings, Interlocutory Appeals, Stays Pending Appeals, Preparing the Record, Briefing and Oral Argument, Requents for Rehearing, Petitions for Writ of Certiorari
John F. Lynch, Howrey, Simon, Arnold & White, LLP, Houston, TX
Charlene Morrow, Fenwick & West, LLP, Mountain View, CA

4:45 - 5:00 p.m.
CLOSING REMARKS AND ADJOURNMENT
Kim R. Jessum

Program Co-Chairs:
Kim R. Jessum
, Morgan Lewis, Philadelphia, PA
Melanye K. Johnson, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC