Global Patent Litigation Part III: Brazil, Canada, India and Russia

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Patent litigation is inherently expensive, time consuming, and unpredictable, especially when the litigation is broadened internationally. Even so, foreign and domestic infringement actions can provide major strategic advantages to both patent owners and those challenging patents.

The faculty presenting this third installment in our global patent litigation series, consisting of intellectual property law experts, will provide best practices for counsel to develop and implement a successful patent litigation strategy in the United States, Brazil, Canada, India, and Russia.

Educational Objectives:
• Learn where patent owners are having the most success.
• Understand important factors to know in each jurisdiction.
• Find out about key litigation issues in participating countries including the United States, Brazil, Canada, India, and Russia.
• Discover portfolio enforcement or attack strategies 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.



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 IP 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.


Joaquim Eugenio Goulart is a partner at Dannemann Siemsen Advogados in the firm’s Rio de Janeiro office, where he coordinates the litigation department. Mr. Goulart specializes in patent litigation and has been successfully involved in a number of patent infringement actions. He also represents clients in both civil and criminal areas related to intellectual property and currently serves as chair of the IP Practice in Latin America Committee from the American Intellectual Property Law Association (AIPLA). Mr. Goulart is a co-author of Comentários à Lei da Propriedade Industrial, a book with commentary on Brazilian industrial property law, and Coletânea de Leis de Propriedade Intelectual, a compilation of laws related to intellectual property in Brazil. He was selected by Who’s Who Legal as one of the leading patent litigators in Brazil in 2009, 2011, and 2012; and in 2013 as one of the world’s leading practitioners in the life sciences field; by World’s Leading Patent Litigators (IAM) in 2011, 2012, and 2013; and by World’s Leading Trademark Professionals Litigators (WTR) in 2012. Also, prestigious Brazilian publications such as Os mais admirados do Direito and Advocacia 500 have recognized him as one of the top rated intellectual property lawyers in Brazil in 2010 and one of the most admired intellectual property professionals in 2012, respectively.

Mr. Goulart earned an LL.M. in intellectual property law from John Marshall Law School and is a graduate of Pontificia universidade Católica (PUC), where he specialized in economic and corporate law at Fundação Getúlio Vargas (FGV).


Rodrigo Borges Carneiro is a partner at Dannemann Siemsen Advogados in the firm’s Rio de Janeiro office, where he coordinates the copyright department and is also actively involved in the trademark prosecution and litigation departments and entertainment and media law areas. He specializes in intellectual property matters, representing clients in both civil and criminal areas. He is the coauthor of Comentários à Lei da Propriedade Industrial, a book with commentary on the Brazilian Industrial Property Law, and Coletânea de Leis de Propriedade Intelectual, a compilation of laws related to intellectual property in Brazil. He was selected by Chambers Latin America 2012 on Media & Entertainment earning praise for his “in-depth knowledge of media law” and by Chambers Global in 2013 for his work in intellectual property.

Mr. Carneiro earned an LL.M. in intellectual property law from John Marshall Law School and is a graduate of Pontificia universidade Católica (PUC), where he specialized in business law. Mr. Carneiro also earned a a Diploma in International Copyright Law from Kings College in London.


Michael Crichton is a partner with Gowling Lafleur Henderson LLP, practicing from the firm’s Ottawa, Canada, office. Mr. Crichton has extensive experience litigating patent, copyright, and trade secret disputes, particularly in the areas of manufacturing/fabrication, communications, computer hardware and software, and related technologies. He is also a registered Canadian patent agent and regularly advises clients with respect to patent drafting, prosecution, and portfolio management. Mr. Crichton is currently an adjunct professor of intellectual property litigation (and previously an adjunct professor of patent law) at the University of Ottawa, the chair of the Ottawa chapter of the Licensing Executives Society, a Fellow of the Intellectual Property Institute of Canada, and the editor-in-chief of Gowlings’ IP Report.

Mr. Crichton earned a law degree from the University of Ottawa and an electrical engineering degree from Carleton University.


Pravin Anand, managing partner at Anand and Anand, completed his law studies in New Delhi in 1979 and has been practicing as an advocate and a patent and trademark attorney ever since. Mr. Anand has been counsel in several landmark intellectual property cases, is the chairman of the intellectual property rights promotion advisory committee, and is currently president of both Association Internationale pour la Protection de la Propriété Intellectuelle and Fédération Internationale des Conseils en Propriété Industrielle (Indian group). Mr. Anand is the co-author of the two volumes of Halsbury’s Laws of India on Intellectual Property and serves on the editorial board of several international intellectual property journals. He is the author of the India chapter in Copyright Throughout the World.


David Aylen is the resident managing partner RUSSIA/CIS for the Gowlings law firm (Gowling Lafleur Henderson LLP). Mr. Aylen has practiced for more than 30 years, serving clients from the United States, Europe, and Asia. Prior to accepting the role as managing partner in Russia in 2009, Mr. Aylen was a partner practicing patent and trademark litigation in the firm’s Toronto office. He has extensive experience in cross-border patent disputes, served as co-counsel Canada for Kimberly-Clark (“patent diaper wars”) and for AT&T in the North American patent litigation involving MCI WorldCom (“telephone wars”). Currently, Mr. Aylen is certified by the International Trademark Association (INTA) as a mediator/neutral and recently completed his term as vice chair of Alternative Dispute Resolution for INTA. In 2013, he was listed in Canada’s Who’s Who and he recently received the ACQ Global Award for Leading Lawyer of the Year 2013.

Mr. Aylen was admitted to the Bar in 1981. He has a bachelor’s degree in engineering from Carleton University in Ottawa and is certified by the Ontario Canada Law Society as a Specialist in Intellectual Property (Patents, Trademarks and Copyright).