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Proving That a Negative Claim Limitation Is Disclosed by the Prior Art: Takeaways From Two Recent Federal Circuit Opinions
The Federal Circuit recently asked the government to submit an amicus brief to address “what, if any, deference should be afforded to decisions of a Patent Trial and Appeal Board Precedential Opinion Panel (‘POP’), and specifically to the POP opinion in Proppant Express Investments, LLC v.
The specific POP decision the Federal Circuit cited, Proppant Express, addressed “whether 35 U.S.C. § 315(c) permits a petition to be joined to [an IPR] proceeding in which it is already a party.” If an alleged infringer intends to seek IPR of the patent, it must file its petition within one year of being served with the complaint.
After filing, Section 315(c) permits “the Director, in his or her discretion, [to] join as a party to that inter partes review any person who properly files a petition under section 311 that the Director, after receiving a preliminary response under section 313 or the expiration of the time for filing such a response, determines warrants the institution of an inter partes review under section 314.” 35 U.S.C. § 315(c).
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IP Seminar @ VOLVO CARS
DAY 1 (OCTOBER 8th)8.30 – 11.15: Volvo Cars’ Assembly line visit (upon registration)11.20 – 11.25: OPENING SPEECH : Raymond Millien, VP - Chief IP Counsel, VOLVO CARS11.25 – 11.40: STRATEGIC KICK-OFF: Daniel P.
Xuting Huang, Patent Attorney, Intellectual Property Manager, ZF GROUP (Germany)Bettina Hermann, General Counsel EMEA, VISTEON ELECTRONICS (Germany) Chairman: Lionel Lavenue, Patent Attorney, Partner, FINNEGAN (USA) 15.20 – 16.10: Internet of Things (IoT) in the driver’s seat: Captors, Sensors, Connectivity, AD.• New entrants and speed of technological advances: review of broad spectrum of operators.• Market changes and tectonic developments: the role of data, sensors, and interfaces.• Implications of IoT in the automotive industry and Identification of key IP conflicts and issues IP policies needed.• Freedom to operate Connectivity and Autonomous Driving• Vision category: connectivity and enormous data collected and distributed.
18.30 - 21.00: Cocktail Reception DAY 2 (OCTOBER 9th) 9.00 – 9.50: Big Data: Barbarians at the gate?• IP and Data: blurred lines on protection• Traceability and ownership • Data ownership/access to data.• How to protect data• How to leverage data assets and license data• legal aspects of using open source software in proprietary productsWith: Jill Hubbarb Bowman, Associate General Counsel, Intellectual Property, INTEL (USA)Ann Critchell-Ward, Vice President Intellectual Property Operations, TOM TOM (NL)Anna Maria Lagerqvist, Senior IP Counsel, VOLVO CARS (Sweden)Chairman: Dr Michael Natterer, Managing Director and Co-Founder, Dennemeyer Octimine GmbH (Germany) 9.50 – 10.40: Standard Essential Patents and Automotive IoT Overview: Standard Essential Patents in the connected, semi-autonomous car : the case of 5GA patent landscape analysis on how SEPs and FRAND will affect the auto industryDr.
does the field of application of technical systems matter when determining royalties?• Are big disputes possible to resolve: How can a court determine a fair royalty, when all the licensors will never be parties to a single case?• The role (if any) of quasi-mandatory or mandatory arbitration• EU overview on SEP: the European Commission approach to SEPWith: James Bradley, Head of Legal, GROUP LOTUS (UK)Kent Baker, Head of IP Strategy &
Brands overview: new online marketplaces, evolution of distribution channels from B2B to B2C, lookalikes and counterfeitingStrategic Overview: short presentation of teams, strategies, implementations, what keep you awake at night.Sergi Garcia, Product Marketing Director, Red points (Spain)• Automotive brand TM squatting: recent developments• Lookalike vehicles in China, factories, new automotive fields (functions, interfaces, downloads of software tools, new services), role of trademarks and designs beyond physical world: where are we now ?• Fight against counterfeit parts: implementation.• How clean is your dealer network: digitalization issues• Licensing and protecting your brand name• Brand protection strategies: implementing trademarks, examples.
FOX (USA) 12.40 – 14.10: Networking Lunch 14.10 – 15.00: Perspectives session: Looking at the future: Megatrends and disruptive technologies.• New interfaces, new challenges and new interactions between OEM, Suppliers, Academics and New entrants.• Transportation as a service, Predictive IA for maintenance: Use and business cases, market scenarios• How can IP can anticipate the next technology breakthroughs?