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The America Invents Act: Strategies for Litigation Now and in the Future


Product Code - LGAU02
Speaker(s): Cyrus A. Morton, Robins, Kaplan, Miller & Ciresi L.L.P.; Li Zhu, Robins, Kaplan, Miller & Ciresi L.L.P.
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The Leahy-Smith America Invents Act represents one of the most significant changes to U.S. patent law since the U.S. Patent Act of 1952. There is, however, substantial uncertainty about its legal and practical effect on clients involved in patent litigation. This webinar provides an overview of the new rules, the rationale behind certain rules, and practical guidance for clients and, by extension, trial lawyers.

The presentation covers topics such as (1) the new hybrid first-to-file system, (2) the expansion of prior art, (3) the prior commercial use defense, (4) the elimination of best mode, (5) the joinder provision, (6) the new review proceedings, and (7) advice of counsel. The program will focus on how clients should change their current practices to best protect their intellectual property rights and prevail at trial.

Educational Objectives:

• What is the practical effect of the America Invents Act on current patent litigation strategies?

• How should clients and their attorneys react to the substantive changes to patent law under the America Invents Act?

• Specifically, how should clients change their current practices to best protect their intellectual property rights and prevail at trial?

Who would benefit most from attending this program?

Attorneys practicing in intellectual property litigation; in-house counsel and executives for corporations concerned about intellectual property litigation.

Cyrus A. Morton, Robins, Kaplan, Miller & Ciresi L.L.P.; Li Zhu, Robins, Kaplan, Miller & Ciresi L.L.P.

Cyrus A. Morton / Robins, Kaplan, Miller & Ciresi L.L.P.
Cyrus Morton is a partner in the intellectual property group at Robins, Kaplan, Miller & Ciresi L.L.P. He is a named inventor on a patent from his time at 3M and is a registered patent attorney. Mr. Morton’s practice, however, focuses on litigation. He served as trial counsel in Grantley Patent Holdings, Inc. v. Clear Channel Communications, Inc., a patent infringement case where more than $89 million was awarded to his client. Most recently, he represented Personal Audio LLC in a trial against Apple Inc. over playlist technology, and his client was awarded more than $12 million in damages. Mr. Morton has extensive experience in both plaintiff and defense cases, including the interplay between litigation and reexamination which will be increasingly important under the America Invents Act.

Mr. Morton earned a J.D., cum laude, from the University of Minnesota Law School, where he was Director of the Intellectual Property Moot Court and Competition Team Member of the Student Intellectual Property Law Association, and a B.A. in Physics, magna cum laude, from Hamline University.

Li Zhu / Robins, Kaplan, Miller & Ciresi L.L.P.
Li Zhu is an associate in the intellectual property litigation group at Robins, Kaplan, Miller & Ciresi L.L.P. He has written and published on venue transfer matters relating to high-stakes patent litigation in the Eastern District of Texas. He previously worked as a research assistant at the Institute for Childhood and Neglected Diseases at The Scripps Research Institute, and he has a scientific background in bio-engineering.

Mr. Zhu earned a J.D., magna cum laude, from the University of Minnesota School of Law and a B.S. from the University of California, San Diego.