Fordham IP Institute

Patent Potpourri

Patent Session 5A
 

Moderator:

Prof. Jay Thomas
Georgetown University Law Center, Washington, D.C.

Speakers:

Hon. Kathleen O’Malley
      U.S. Court of Appeals for the Federal Circuit, Washington, D.C.
The Potential Demise of Chevron and What It Might Mean to the Patent World
Courts and Congress have grown increasingly critical of the doctrines of judicial deference to agency interpretations of the statutes they are charged with implementing and even the regulations they adopt. These concepts are known as Chevron deference - having originated in Chevron, U.S.A., Inc. v. Natural Res. Def. Counsel, 467 U.S. 837 (1984) - and Auer deference - having originated in - Auer v. Robbins, 519 U.S. 452 (1997). If these doctrines disappear or are greatly curtailed, the regulatory landscape and the relationships between the Executive, Legislative, and Judicial Branches will change. How might that effect patent law and patent litigation?
Hon. Misao Shimizu
     Intellectual Property High Court, Tokyo
The consistency between a judgement regarding to a defense of invalidity in a patent infringement lawsuit and a decision of a invalidation trial in Japan Patent Office (JPO)
Presentation
Jule Sigall
     Assistant General Counsel – IP Policy & Strategy, Intellectual Property Group, Corporate, External & Legal           Affairs, Microsoft Corporation, Redmond
Intellectual Property & Cloud Computing: Managing Infringement Risk
What are techniques companies can use to mitigate patent and other IP risk more effectively as they transition their businesses to cloud platforms? An important question is: to what extent are traditional contractual mechanisms like indemnification enough in the cloud platform environment to provide a stable and robust environment for IP owners and users in the cloud?
Clara Pombo
Corporate IP Strategy, Latin America, Clarke, Modet & Co., Madrid
IP in Latin America: Hotspot Argentina, Brazil and Colombia
This talk will address recent case law for pharmaceutical companies opposing ANVISA decisions; recent case law in Argentina for agro-sciences (The Monsanto case); and cross-country IP Litigation in Latin America: recent trends, role of NPEs and where to get your “first strike.” Presentation

Panelists:

Kenneth R. Adamo
Kirkland & Ellis, Chicago
Shimako Kato
Abe, Ikubo & Katayama, Tokyo
Fordham IP Institute