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Global Patent Litigation: How and Where to Win

Global Patent Litigation: How and Where to Win
Product Code - LGN251
Speaker(s): Thomas Bouvet, Véron & Associés; Michael C. Elmer, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP; C. Gregory Gramenopoulos, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP; Roland Küppers, Taylor Wessing LLP; Christopher Thornham, Taylor Wessing LLP
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Patent litigation is inherently expensive, time consuming, unpredictable, and disruptive for the entities involved. These issues are multiplied when the litigation is broadened across borders. Even so, infringement actions brought in more than one jurisdiction can provide a patentee with major strategic advantages. But where, why, and at what cost are important questions to be thoughtfully considered and answered as part of any analysis before such actions are undertaken.

Attending this program will help practitioners facing global patent litigation issues answer critical questions when developing and implementing an effective global patent litigation strategy. The faculty will uniquely combine objective data metrics, including country-specific win rates, with patent litigation strategies.

Educational Objectives:

• Learn where the most patent litigation takes place.
• Understand where patent owners are having the most successful outcomes.
• Discover where alleged infringers are having the most successful outcomes.
• Find out what the key litigation issues in countries including the United States, Germany, France, England, and China are.
• Be able to discern whether certain portfolio enforcement or attack strategies are worth considering.

Who would benefit most from attending this program?

Intellectual property practitioners; corporate business managers; attorneys serving clients with global business issues and/or global patent portfolios.

Program Level: Intermediate-Advanced
Prerequisite: An understanding of patents and related litigation issues.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which jurisdiction requested)

For additional information, please see the “CE Credit” tab.

Thomas Bouvet, Véron & Associés; Michael C. Elmer, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP; C. Gregory Gramenopoulos, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP; Roland Küppers, Taylor Wessing LLP; Christopher Thornham, Taylor Wessing LLP

Thomas Bouvet, Véron & Associés
Thomas Bouvet is a partner with Véron & Associés, a French firm specializing in intellectual property law, specifically patent litigation. He has experience in the various fields of intellectual property including patents, and he concentrates his practice mainly on patent validity and infringement litigation as well as the compensation for employees' inventions. Mr. Bouvat is also active in infringement litigation regarding plant breeders' rights, which is the subject matter of his Ph.D. thesis.

Mr. Bouvet earned an LL.M. from the University of Georgia and is a member of the Lyon Bar.

Michael C. Elmer, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Michael Elmer, Senior Counsel with Finnegan, has more than 40 years of experience in virtually every aspect of intellectual property law, including ex parte, inter partes, and litigated I.P. matters. For most of his career, Mr. Elmer has litigated patent, trademark, trade secret, trade dress, copyright, and related antitrust matters. Since becoming senior counsel, Mr. Elmer has focused his litigation work on the coordination of the firm's Global IP Litigation Project. The centerpiece of the project is a database containing win-rate statistics on international patent litigation provided by a network of participating international firms from 30 countries. The project's purpose is to assist clients in resolving international patent disputes and implementing global offensive and defensive strategic plans, including forum shopping.

Mr. Elmer's broad litigation experience includes serving as lead or co-counsel in cases in seven U.S. Courts of Appeals, including the Court of Appeals for the Federal Circuit; 35 U.S. district courts; the U.S. International Trade Commission (ITC); the U.S. Patent and Trademark Office Board of Appeals; and numerous state courts. Mr. Elmer has also managed, arbitrated, and negotiated complex international I.P. disputes, and supervised licensing agreements and settlements involving all aspects of IP, technical data rights, and global distribution agreements before arbitration tribunals such as the American Arbitration Association, and Judicial Arbitration and Mediation Services Inc. Mr. Elmer has lectured extensively both in the United States and abroad on global patent litigation including the resolution and evaluation of international patent disputes.

Mr. Elmer earned a J.D. from Marquette University Law School and a B.S. in Chemical Engineering from the University of Wisconsin, Madison. He is admitted to practice in California, the District of Columbia, and Wisconsin as well as before the U.S. District Courts for the Central, Southern, and Northern Districts of California; the U.S. Court of Federal Claims; the U.S. Court of Military Appeals; the U.S. Court of Appeals for the Federal Circuit; the U.S. Supreme Court; and the U.S. Patent and Trademark Office.

C. Gregory Gramenopoulos, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Gregory Gramenopoulos is a partner with Finnegan, where he leads the firm's electrical and computer technology practice group. He has more than 15 years of experience in the field of intellectual property law. He handles patent matters for emerging and high-technology companies in various electrical sciences, including computer hardware/architecture, software, communication networks, and digital signal processing and control systems. A significant portion of his current practice is devoted to strategic counseling on patent procurement and pre-litigation activities, opinion preparation on issues relating to infringement and validity, and patent infringement litigation.

Mr. Gramenopoulos counsels both domestic and foreign clients. He has successfully represented clients in U.S. district court and multinational patent infringement suits. During the course of his career, Mr. Gramenopoulos has overseen the drafting and prosecution of hundreds of patent applications, and assisted clients with strategically building and managing their portfolios. He has also assisted clients with extracting value from their portfolios through licensing and other strategies. A frequent lecturer on U.S. intellectual property law, Mr. Gramenopoulos has spoken before numerous Fortune 500 companies and organizations in the United States, as well as various multi-national companies and law firms throughout the world.

Mr. Gramenopoulos earned a J.D. from Georgetown University Law Center and a B.S. in Electrical Engineering, with honors, from George Mason University. His is admitted to practice in the District of Columbia and Virginia as well as before the U.S. Patent and Trademark Office.

Roland Küppers, Taylor Wessing LLP
Roland Küppers is a partner with Taylor Wessing and a member of the firm’s patents practice area. He represents national and international companies in issues related to technical property rights and specializes in patent litigation. In co-operation with patent attorneys and in-house patent departments, Mr. Küppers works on the nullification of patents and the cancellation of utility models. He has gained technical experience from his work for companies in a wide range of industrial sectors, including information technology, electronic engineering, semiconductors, chemicals, medical devices, automotive and mechanical engineering. He advises on patent and know-how licenses (technology transfer) and on R&D contracts. He also counsels clients regarding unfair competition matters having technical impact.

Mr. Küppers studied law at the Universities of Bonn and Münster, Germany. He earned a Master of Laws (LL.M.) in intellectual property from the University of Bristol, England. He is a member of the Düsseldorf Bar Association, the German Association for Intellectual Property and Copyright Law (GRUR), the German Association of Intellectual Property Experts (VPP), the German-British Jurists’ Association (DBJV), and the European Patent Lawyers Association (EPLAW).

Christopher Thornham, Taylor Wessing LLP
Christopher Thornham, a partner with Taylor Wessing, acts for clients on patent matters across the full range of technologies, including software, telecommunications, electrical engineering, mechanical engineering, medical devices, industrial chemistry, pharmaceuticals and biotechnology. He has been involved with well over twenty English patent trials and appeals, and he also works with patent attorneys and overseas lawyers on coordinated multi-jurisdictional disputes in Europe (including in the EPO, Germany and the Netherlands), the U.S., and elsewhere. Mr. Thornham advises clients at the product development stage and prior to launch, providing patent (non)infringement and (in)validity opinions. He also advises companies and investors on patent matters in transactions such as acquisitions, investments, and public offerings.

Mr. Thornham earned a degree in Natural Sciences (studying physics, mathematics, chemistry and physiology and specializing in experimental physics) from Cambridge University before studying law and being called to the Bar. He is a regular invited speaker on patent issues at international conferences, and he writes regularly for intellectual property publications.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Individual programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. For specific questions, contact your state MCLE regulatory entity for specific questions about your MCLE rules or visit the American Bar Association’s website for general information on accreditation.

If you have further questions regarding a specific state or how to file for CE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator or send an email to

Global Patent Litigation: How and Where to Win is a comprehensive treatise that will assist multi-national companies and their counsel in answering critical questions for implementing an effective global patent litigation strategy.