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Event Information

2019 Bench & Bar® Conference

June 12 - 15, 2019
The Broadmoor
Colorado Springs, Colorado

 

 

2019 BENCH & BAR® CONFERENCE AGENDA

THE SYSTEM AND INNOVATION: THE DECISIONAL MATRIX

 

Thursday, June 13, 2019

 

8:30 AM – 8:35 AM       

Welcome Remarks – Robert Huffman, President, Federal Circuit Bar Association

8:35 AM – 9:35 AM       

Federal Circuit Perspectives – In this core discussion group, the judges of the United States Court of Appeals for the Federal Circuit address topics of common interest to the Bench and Bar. In addition, the Bench offers its insights on effective appellate advocacy as well on concerns important to the continued administration of justice in the Circuit community.

Moderator:
Jamie Underwood, Partner, Latham & Watkins LLP

Panelists:
The Honorable Sharon Prost, Chief Judge, United States Court of Appeals for the Federal Circuit
The Honorable S. Jay Plager, Circuit Judge, United States Court of Appeals for the Federal Circuit
The Honorable Timothy B. Dyk, Circuit Judge, United States Court of Appeals for the Federal Circuit
The Honorable Raymond T. Chen, Circuit Judge, United States Court of Appeals for the Federal Circuit
The Honorable Kent Jordan, Circuit Judge, United States Court of Appeals for the Third Circuit

9:35 AM – 9:50 AM

State of the Court – Remarks from The Honorable Sharon Prost, Chief Judge, United States Court of Appeals for the Federal Circuit

9:50 AM – 10:00 AM     

Networking Break

 

Parallel Tracks

10:00 AM – 11:00 AM

Agency Perspectives – As client and as counsel, agency perspective presents the Circuit community with a significant compare and contrast to trial tribunals. Administrative dockets surface administration of justice challenges both at the agency level and at the appellate review level. Administrative practice also operates with different – and evolving – standards of review. This panel will pursue these important areas and others.

Moderator:
Mark Freeman, Director, Appellate Staff, Civil Division, United States Department of Justice

Panelists:
The Honorable Clark Cheney, Administrative Judge, United States International Trade Commission
Thomas Krause, Deputy General Counsel for Intellectual Property and Solicitor, United States Patent and Trademark Office
Jay H. Reiziss, Partner, McDermott Will & Emery LLP
David K. Stark, Patent Attorney, United States Air Force
Dorothy P. Whelan, Principal, Fish & Richardson P.C.

10:00 AM – 11:00 AM   

Innovation Technologies and the Law – System Efficiency in an Age of Legal Uncertainty – Contemporaneous with its parallel exploration of leading edge technological innovations, the Bench & Bar now focuses specifically on legal uncertainty surrounding those innovations. From CRISPR and 5G networks, this panel will explore key areas of law – both in the patent sector and in other sectors – placed in tension by these technological advances.

Moderator:
Katherine Nolan-Stevaux, Assistant General Counsel, Specialist, Litigation, Genentech, Inc.

Panelists:
Randy Wu, Senior Director of Intellectual Property and Litigation, 10X Genomics
Suzanne Michel, Senior Patent Counsel, Google Inc.
Mark Wadrzyk, IP Division Counsel, Qulacomm Incorporated
Elbert Chiang, Patent Attorney, Head of IP, Beam Therapeutics

11:00 AM – 12:00 PM

Ethics and Client Representation: The Duty to Disclose, Conflicts and Party Representation, and the Public Relations Front – Professional excellence calls for a comprehensive commitment to warm zeal and a respect for role. In this key discussion, leaders explore the duty to disclose, conflicts (including those involving joint defense and multiple party representations), and the public relations front.

Moderator:
Steven M. Bauer, Partner, Proskauer Rose LLP

Panelists:
David M. Stein, Partner, Greenberg Gross LLP
David F. McGowan, Partner, Durie Tangri LLP
Lauren J. Dreyer, Senior Associate, Baker Botts L.L.P.
Corey Salsberg, Vice President, Global Head IP Affairs, Novartis Pharma AG

12:00 PM -12:15 PM

 Federal Circuit Bar Association Annual Meeting

 

Friday, June 14, 2019

 

8:30 AM – 9:30 AM

Reviewed Adjudicators – A broad diversity of first impression tribunal practices and procedures populates Circuit community jurisprudence. Judges and adjudicators from these differing tribunals will, in this panel, discuss challenges confronting their adjudicatory structures as well as explore comparisons among their practices and procedures.

Moderator:
John Molenda, Partner, Steptoe & Johnson LLP

Panelists:
The Honorable Leonard Stark, Chief Judge, United States District Court Delaware
The Honorable Rodney Gilstrap, Chief Judge, United States District Court for the Eastern District of Texas
The Honorable Yvonne Gonzalez Rogers, District Judge, United States District Court for the Northern District of California
The Honorable Cathy Ann Bencivengo, District Judge, United States District Court for the Southern District of California
The Honorable Timothy Stanceu, Chief Judge, United States Court of International Trade

9:30 AM – 10:40 AM

The Client Perspective: Enterprise and Legal Challenges – Transformative industries face unique challenges, in business model, product development, capital allocation, and in their interplay with regulatory and juridical requirements. When in an environment of changing or undeveloped law, these challenges become even more complex. This corporate panel drills down into key challenges confronting the corporate environment and the reaction.

Moderator:
Gregory A. Castanias, Partner, Jones Day

Panelists:
Earl “Eb” Bright, President & General Counsel, ExploraMed Development
Jill Schmidt, Senior Counsel, Genentech, Inc.
Chad Hanson, Senior IP Litigation Counsel, Medtronic, Inc.
Dan Foster, Senior Attorney, Litigation Group, Corporate, External, and Legal Affairs Department, Microsoft Corporation
John Mulgrew, Assistant General Counsel & Global Head of IP, Uber Technologies Inc.
Greg Raleigh, Venture Adviser, New Enterprise Associates

10:40 AM – 10:55 AM

Networking Break

10:55 AM – 11:55 AM

Appellate Practice: Key Strategic Considerations – Effective appellate advocacy often begins in the agency or trial court and sometimes includes enlisting the aid of amici. This panel will provide practitioner, in-house, and judicial perspectives on appellate strategy and advocacy, including when and how to engage prospective amici.

Moderator:
William H. Burgess, Partner, Kirkland & Ellis LLP

Panelists:
The Honorable Kent Jordan, Circuit Judge, United States Court of Appeals for the Third Circuit
Karen Robinson, Associate General Counsel, Adobe Systems
Eric Shumsky, Partner, Orrick Herrington & Sutcliffe LLP
Constantine Trela, Partner, Sidley Austin LLP

11:55 AM – 12:55 PM

District Court Practice: Key Tactical Areas – Distinguished district court practitioners cover the latest developments and issues in the trial courts. The interplay between the district courts, the International Trade Commission, and the Patent Trial and Appeal Board has an important impact on tactics, including those related to discovery. Other key considerations are venue and estoppel (in the wake of TC Heartland) and remedies (both damages and injunction).

Moderator:
Tara Elliott, Partner, Latham & Watkins LLP

Panelists:
Kimberly Schmitt, Director of Patent Litigaton, Intel Corporation
Craig Davis, Senior Litigation Counsel, HP Inc.
Chad Everingham, Partner, Akin Gump Strauss Hauer & Feld LLP
Sheila Swaroop, Partner, Knobbe Martens

Electives

2:00 PM – 3:00 PM

PTAB: All Things Considered

Moderator:
Molly Silfen, Associate Solicitor, United States Patent and Trademark Office

Panelists:
The Honorable Scott Boalick, Chief Judge, United States Patent and Trademark Office, Patent Trial and Appeal Board
The Honorable Janet Gongola, Vice Chief Judge for Strategy, United States Patent and Trademark Office, Patent Trial and Appeal Board
Christopher Burrell, Senior Director & Senior Counsel, Samsung Electronics
Omar Jabri, Senior Director, Global Intellectual Property, Apotex
Trenton Ward, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

3:00 PM – 4:00 PM

The Intersection of Patent and Trade Secrets

Moderator:
David Almeling, Partner, O'Melveny & Myers LLP

Panelists:
The Honorable Amos Mazzant, District Judge, United States District Court for the Eastern District of Texas
Serena Farquharson Torres, Senior Patent Counsel, Bristol-Myers & Squibb
Chris Geyer, Associate General Counsel, Appian Corporation
Stephen Chow, Partner, Hsuanyeh Law Group
Gregory P. Stone, Partner, Munger, Tolles & Olson LLP

3:00 PM – 4:00 PM

Serving Veterans Pro Bono (Ethics)

Moderator:
The Honorable Cheryl L. Mason, Chairman, Board of Veterans Appeals' Department of Veterans' Affairs

Panelists:
The Honorable Robert Davis, Chief Judge, United States Court of Appeals for Veterans Affairs
Katherine A. ("Kassie") Helm, Partner, Dechert LLP
Judy Donegan, Director of Case Evaluation and Placement, The Veterans Consortium

Saturday, June 15th, 2019

 

Town Halls

8:30 AM – 9:30 AM

The Section 101 Struggle: Patent-Eligibility Under 35 U.S.C. 101 – The system continues to wrestle with the Alice/Mayo framework for patent eligibility and caselaw now suggests that components of the analysis may be factual (e.g., Berkheimer and Aatrix). Whether clients, litigants, the Patent and Trademark Office, or the courts, the effort to construct a cohesive and yet effective framework continues. It does so at the same time that some commentators call for juridical or legislative reevaluation of the regime. This panel places the business implications and developments in sharp focus.

Moderator:
Laura Lydigsen, Partner, Brinks Gilson & Lione

Panel:
Thomas Krause, Deputy General Counsel for Intellectual Property and Solicitor, United States Patent and Trademark Office
Nicholas Groombridge, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Nathan Kelley, Partner, Perkins Coie LLP
William Peterson, Partner, Morgan, Lewis & Bockius LLP
Luann Simmons, Partner, O’Melveny & Myers LLP

8:30 AM – 9:30 AM

Leading Contract Challenges

Moderator:
Scott McCaleb, Partner, Wiley Rein LLP

Panelists:
The Honorable Mary Ellen Coster Williams, Senior Judge, United States Court of Federal Claims
Robert Huffman, Partner, Akin Gump Strauss Hauer & Feld LLP
Frank Murray, Partner, Foley Lardner LLP

8:30 AM – 9:30 AM

Trade Remedies – What every attorney, and every client, needs to know about “special” trade remedies. Trade remedies used to be an area of the law affecting a small group of practitioners, but not anymore. Lesser used trade solutions, such as section 232 and 301 tariffs, are affecting everyone. This panel explores these remedies and analytical frameworks that affect approaches for various problems and business models.

Moderator:
Timothy Brightbill, Partner, Wiley Rein LLP

Panelists:
Tara Hogan, Assistant Director of the Commercial Litigation Branch, Civil Division, United States Department of Justice
Thomas M. Beline, Partner, Cassidy Levy Kent LLP
Dominic Bianchi, General Counsel, United States International Trade Commission

9:30 AM – 10:45 AM

Networking Break

Parallel Tracks

9:45 AM – 10:45 AM

The International Trade Commission (ITC) PTAB and the District Court – Through the AIA Lens – This session dives into the intersection between PTAB proceedings, ITC Section 337 investigations and district court patent litigation. Topics include stays pending PTAB proceedings, ITC deference to final written decisions from the PTAB, AIA estoppel issues stemming from IPRs, the shift from BRI to Phillips, and others. In addition, the panel explores the practical impact of estoppel from IPR’s and the real party in interest as well as limitations in district court and the ITC that follow.

Moderator:
Megan Raymond, Counsel, Paul, Weiss, Rifkind, Wharton & Garrison LLP

Panelists:
The Honorable Scott Boalick, Chief Judge, United States Patent and Trademark Office, Patent Trial and Appeal Board
Jonathan Engler, Partner, Adduci Mastriani & Schaumberg LLP
Jeffrey Homrig, Partner, Latham & Watkins LLP
Naveen Modi, Partner, Paul Hastings LLP
Andrew Thomases, Partner, Ropes & Gray LLP

9:45 AM – 10:45 AM

Competition Law: Patent and Trade Implications for Litigation and Commerce  – In the US and internationally, competition law projects a framework and jurisprudence that, variously, runs parallel to patent disputes or intersects with those disputes. The panel will address prominent issues at the intersection of antitrust and intellectual property, including standard-essential patent litigation and Hatch-Waxman settlements. In doing so, it will also explore the implications of choosing either body of law for business operations.

Moderator:
Kevin Hardy, Partner, Williams & Connolly LLP

Panelists:
Suzanne Munck, Deputy Director & Chief Counsel For Intellectual Property, Federal Trade Commission
Koren W. Wong-Ervin, Director of Antitrust & IP Policy, Qualcomm Incorporated
Rick Cederoth, Partner, Sidley Austin LLP
Jay Jurata, Partner, Orrick Herrington & Sutcliffe LLP
Joseph J. Mueller, Partner, Wilmer, Cutler, Pickering, Hale & Dorr LLP

10:45 AM – 11:45 AM

Supreme Court Review  – Jurisprudence in the Circuit community marshals national bodies of law and, in the area of patents, commands international respect. As that jurisprudence evolves in Supreme Court and Federal Circuit articulation, critical guidance and challenging ambiguity can arise. This panel of experienced Supreme Court advocates monitors the Supreme Court’s current session and reports to the Bench & Bar.

Moderator:
Pratik Shah, Partner, Akin Gump Strauss Hauer & Feld LLP

Panelists:
Malcolm Stewart, Deputy Solicitor General, United States Department of Justice
Allyson N. Ho, Co-Chair, Appellate and Constitutional Law Practice Group, Gibson, Dunn & Crutcher LLP
Deanne Maynard, Appellate & Supreme Court Co-chair, Morrison & Foerster LLP

11:45 AM – 12:45 PM

What Happens when Trade & IP Meet  – A significant component of the economic value of intellectual property rests in its “trade” value. In part for that very reason, a significant component of today’s trade relationships focuses on predictable intellectual property systems. Whether in the corner offices of business decision-making, in the contracting of commercial and governmental consumers, or in the halls of policy, the intersection of trade and intellectual property matters to innovation, enterprise, and governments. This panel will explore all of these facets.

Moderator:
Jamie Underwood, Partner, Latham & Watkins LLP

Panelists:
Brian Pandya, Deputy Associate Attorney General, United States Department of Justice
John A. “Jack” Kelly, Senior Counsel, GE Aviation
Amalie Weber, Head of Government Contract, Snowflake Computing
Shamita Etienne-Cummings, Partner, White & Case LLP
 

 

 

 

Levels tailored to a variety of circumstances are available. To learn more about Leaders Circle Benefits, contact Tori Wright at 202-536-4160 or wright@fedcirbar.org.

 

 
2019 Leaders Circle Sponsors
 

 

 

To become a 2019 Bench & Bar® Registration Sponsor
contact Tori Wright at 202-536-4160 or wright@fedcirbar.org.


Due to High Demand – Registration for the 2019 Bench & Bar® Conference has been re-opened for a limited time.

Note: Currently the Broadmoor is at maximum capacity. A list of hotels is provided below.
In the event lodging becomes available at the Broadmoor, we will give each person an opportunity to move from their current hotel to the Broadmoor based on the order of registration.

List of Hotels in Colorado Springs, CO:

The Mining Exchange a Wyndham Grand Hotel & Spa
8 South Nevada Avenue
Colorado Springs, Colorado 80903
719-323-2000
$239 a night, available 6/12-6/15

Courtyard at Marriott
2570 Tenderfoot Hill Street
Colorado Springs, Colorado 80906
719-226-5006
$229 a night, available 6/12-6/15

 

 


 

 

Benefits of Membership


Sharpen your practice skills and develop meaningful professional connections while making a difference in the Federal Circuit. Enjoy rewarding and substantial preferential member pricing.

 

 


Programs

Webcast attendance (and CLE in applicable states) is complimentary with all FCBA memberships. Membership also gives reduced rate registration to our conferences (e.g. Bench & Bar®) as well as partner affiliated regional events.

  • Bench & Bar® Conference - Annual in-depth program exploring the spectrum of Circuit practice and justice considerations, gathering national leaders of the Bench and the Bar.
  • Horizons Seminar Series - Educational and Topical Webcasts – Educational nuts & bolts advocacy and subject matter areas as well as important, timely decisions.
  • Regional Programs - Programs for local audiences, involving leading corporate and litigation counsel and many levels of the Federal Bench. Examples include the Advanced Complex Litigation Series, Litigation Skills Training Series, MSPB Appeals Summit, and Federal Practice Summit.
  • Global Series - Launched in November 2010, the Global Series explores the search for best practices in legal systems around the world.  In the on-going dialogue, sessions already include:  Berlin and Munich, Germany; Tokyo, Japan; Beijing, China; London, United Kingdom; Toronto, Canada; Seoul, South Korea; Geneva, Switzerland; and Shanghai, China.

FCBA Source - Publications

  • Journal - Published quarterly in collaboration with George Washington University Law School, the journal includes scholarly articles and recent case summaries, keeping you informed of developments and trends in the law in Circuit community. All past journals are available to members through the website. 
  • Circuit Case Digest - A monthly publication that provides a summary of all precedential opinions of the Federal Circuit issued the preceding month. All digests are available to members through the website.
  • Pro Bono Digest - This Digest provides useful pro bono information to the Circuit community.
  • Reviewed Adjudicators Digest - A monthly update on decisions of the tribunals reviewed by the Federal Circuit.  It covers the following matters of interest:
    • Merit Systems Protection Board