Recent Trends in Patent Litigation: The NPEs Strike Back in the ITC and Elsewhere

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Starting with the passage of the America Invents Act in 2011, and in the wake of a series of recent pro-defendant Supreme Court rulings, momentum in patent litigation by non-practicing entities (“NPEs”) has swung from the plaintiffs to the defendants in recent years.  This program will look at the most recent data available to examine how big a threat NPEs remain, the creative strategies they have begun to use to pressure their targets into taking licenses, and what steps defendants can take to resist that pressure.  In addition, we will take a look ahead at key cases to watch for in 2016, such as Cuozzo Speed Technologies, LLC v. Lee, and their likely impact on NPEs and those litigating against them.

By way of example, some NPEs have begun to bring patent infringement complaints before the International Trade Commission and to use the threat of an ITC exclusion and cease-and-desist order to gain leverage in licensing negotiations.   The program will present possible responses and strategies to combat this new NPE tactic, including taking advantage of recent developments tightening the ITC’s domestic industry requirement and new ITC procedures that allow an investigation to be dismissed in the early stages of the proceeding.  This discussion will be particularly valuable for those who have had only limited exposure to the ITC as a litigation forum.

Educational Objectives: 
• Be informed on recent developments in patent litigation involving non-practicing entities;
• Better understand the strategies of non-practicing entities and how to counter them.
• Learn how to benefit from recent changes in the law in district court and at the ITC.

Who would benefit most from attending this program? 
Patent litigators litigating NPE cases and patent attorneys/patent agents interested in drafting more robust patents in light of recent developments in the federal courts.

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John Christopher (“J.C.”) Rozendaal, Partner, Kellogg, Huber, Hansen, Todd, Evans & Figel P.L.L.C.

John Christopher (“J.C.”) Rozendaal is a partner at Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.  He represents clients in complex business and intellectual property litigation, principally in federal court.  He regularly tries patent-infringement cases to juries and served as lead trial counsel in Ricoh Co., Ltd. v. Quanta Computer Inc., which resulted in a $14.5 million verdict for his client.  Other recent jury trials include cases for Verizon Communications and Teva Pharmaceuticals.  He has litigated patents on a wide variety of technologies, including pharmaceuticals, semiconductors, optical disc drives, medical ultrasound, Voice-over-Internet-Protocol, Internet content delivery networks, wireless telephony, and streaming video technology.  He has briefed and argued numerous patent cases in the U.S. Court of Appeals for the Federal Circuit.

A former law clerk to Justice Anthony M. Kennedy and Judge Douglas H. Ginsburg, he holds degrees from the University of Texas School of Law (J.D., with highest honors); University of Oxford (M.A., B.A., with first-class honors), where he was a British Marshall Scholar; and University of Texas at Austin (B.A., Plan II, with highest honors and special honors in Zoology), where he was a John B. Holmes Texas Scholar and a member of the Friar Society.  

Michael Joffre, Partner, Kellogg, Huber, Hansen, Todd, Evans & Figel P.L.L.C.

Michael Joffre is a partner at Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.  His practice focuses on intellectual property disputes before trial and appellate courts.  Mr. Joffre has litigated cases involving a variety of technologies and products, including microprocessors, telecommunications networks, mechanical devices, consumer products, and computer software.  He has litigated in jurisdictions throughout the country, including Texas, California, Wisconsin, Delaware, the International Trade Commission, the Federal Circuit, and the Supreme Court.  Mr. Joffre also has counseled companies seeking legislative reform of the patent laws.

Before entering law school, Mr. Joffre received a doctorate in astrophysics from the University of Chicago.  He also worked as a research scientist in cosmology at the University of Chicago and Fermilab.  He received his law degree from Harvard Law School (J.D., magna cum laude).  After law school, Mr. Joffre was a law clerk to Judge William C. Bryson at the Federal Circuit.

Mr. Joffre is admitted to practice in the Supreme Court of the United States, the U.S. Courts of Appeals for the Federal Circuit and First Circuit, the U.S. District Courts for the District of Columbia and the District of Massachusetts, and the bars of Massachusetts and the District of Columbia.