An Ounce of Prevention: What Patent Litigators and Litigants Need to Know About Amendments to the Federal Rules

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On December 1, 2015, patent litigators and litigants will begin to follow the newly amended Federal Rules of Civil Procedure. This program, presented by seasoned patent litigators, will discuss anticipated changes that these amendments may bring to U.S. patent litigation.  The program will attempt to answer questions that every patent litigator must be prepared to explain, including:
• Heightened Pleading Requirements: After the abolition of Rule 84 and the Appendix of Forms, including Form 18, what level of detail will be required in future patent pleadings?
• Scope of Discovery: Under the new standard for the scope of permissible discovery (“proportional to the needs of the case”), what changes in discovery strategies can we expect to see?
• Case Management Techniques: How might the amendments affect the manner in which judges manage patent cases, including the manner in which they apply local patent rules?
• Rule 37 Changes: Will we finally have a uniform, national standard for the imposition of sanctions for spoliation, and, moving forward, what preservation steps are likely to be deemed reasonable?

Educational Objectives:
• The content of the amendments to the Federal Rules of Civil Procedures
• How the amendments might change pleading requirements, scope of discovery, and case management of patent cases
• How to prepare new strategies to address such changes

Who would benefit the most from attending this program?
Patent litigators, patent litigants.



Mr. Cory Spence assists individual and business clients in obtaining their best possible outcome in contentious legal matters.  He has extensive experience in litigation, arbitration, and mediation involving all areas of Intellectual Property law.  A registered patent attorney, he serves clients by providing advocacy and advice in the areas of patent infringement, trade secret misappropriation, unfair competition (including conspiracy, tortious interference, and related antitrust claims), breach of contract, post-grant patent proceedings, trademark infringement, and copyright infringement.

Mr. Spence has litigated claims in both state and federal courts throughout the United States.  Additionally, Mr. Spence has extensive experience with patent monetization strategies and complex, international patent infringement litigation involving multiple parties and jurisdictions, including Asia.  He is a published and frequent speaker on patent monetization and other intellectual property issues, and has been repeatedly recognized as an “Illinois Rising Star” and “Illinois Star,” in the area of intellectual property.  Prior to forming SpencePC, Mr. Spence spent twelve years practicing law with Kirkland & Ellis LLP in Chicago, IL and Tokyo, Japan.

Mr. Spence is admitted to practice in Illinois and before the United States Patent and Trademark Office.  He earned his J.D., cum laude, from the University of Houston Law Center and two B.S. degrees from the University of Notre Dame.


Mr. Ken Adamo is a Partner in the Intellectual Property group in Kirkland’s Chicago and New York offices.  Mr. Adamo has extensive trial experience as lead counsel in jury and nonjury cases before state and federal courts and before the United States International Trade Commission, as well as ex parte and PTAB experience in the U.S. Patent and Trademark Office.  He has had substantial experience as lead counsel in arbitrations and other alternative dispute resolution proceedings, and actively practices before the U.S. Court of Appeals for the Federal Circuit, having appeared in 40 appeals to date.

Mr. Adamo has written and lectured on many areas of intellectual property law including U.S. permanent injunction/eBay practice, U.S. discovery practice (including eDiscovery), International Trade Commission proceedings, cyberart, the doctrine of equivalents/prosecution history estoppel, exhaustion, internet jurisdiction, effects of non-U.S. adjudications on U.S. litigation and AIA post-grant USPTO proceedings.

Recent major representations in intellectual property litigation as lead counsel include U.S. federal court and ITC cases for Accenture, American Honda Motors, Atofina, CMO-Innolux, Dell, Freescale Semiconductor/Motorola, Genencor, IBM, Koch Industries/Georgia-Pacific, Lenovo, MediaTek, Nestle, Nokia, Procter & Gamble, ON Semiconductor, Samsung, Sharp, TEL, Texas Instruments, TSMC, ViewSonic and Xilinx.

Mr.Adamo is admitted to practice in Illinois, New York, Ohio, Texas, and before the United States Patent and Trademark Office.  He earned his L.L.M. from The John Marshall Law School, his J.D. from the Albany Law School of Union University, and his B.S. from Rensselaer Polytechnic Institute.