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2019 Bench & Bar® Conference

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

THE SYSTEM AND INNOVATION: THE DECISIONAL MATRIX

Thursday, June 13th, 2019

8:30 AM – 8:35 AM Opening Welcome FCBA President, Robert Huffman

8:35 PM – 9:35 PM 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

Panel:
Chief Judge Sharon Prost, United States Court of Appeals for the Federal Circuit
Circuit Judge Timothy B. Dyk, United States Court of Appeals for the Federal Circuit
Circuit Judge Kathleen O’Malley, United States Court of Appeals for the Federal Circuit
Circuit Judge Raymond T. Chen, United States Court of Appeals for the Federal Circuit

9:35 AM – 9:50 AM STATE OF THE COURT Remarks of Chief Judge Sharon Prost, 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

Panel:
Judge Clark Cheney, Administrative Judge, United States International Trade Commission
Dorothy P. Whelan, Principal, Fish & Richardson P.C.
Jay H. Reiziss, Partner, McDermott Will & Emery LLP
David K. Stark, Patent Attorney, United States Air Force

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 Car-T to life sciences and high tech, this panel will explore key areas of law – both in the patent sector and in other sectors – placed in tension by these technological advances. Block chain will be a key focus.

Moderator:
Katherine Nolan-Stevaux, Director of IP Counsel, Genentech

Panel:
Nicole Parsons, Principal Counsel, Head of Biologics Patents US, Sanofi
Leslie McKnew, Vice President of Litigation, Cisco
Elbert Chiang, Patent Attorney, Beam Therapeutics
Shelby Walker, Head of Intellectual Property, CRISPR Therapeutics
Matthew Ahn, Associate General Counsel For Global Litigation, Coinbase

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

Panel:
Ragesh K. Tangri, Partner, Durie Tangri LLP
David M. Stein, Partner, Greenberg Gross LLP
Lauren J. Dreyer, Senior Associate, Baker Botts LLP
Brian Hirsch, Vice President Global IP and Legal Head North America, Glenmark

12:00 PM -12:15 PM FCBA Annual Meeting

Friday, June 14th, 2019

8:30 AM – 9:30 AM Reviewed Adjudicators

A broad diversity of first impression tribunal practices and procedures populates Circuit Community juris prudence. 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

Panel:
Chief Judge Leonard Stark, United States District Court Delaware
Chief Judge Rodney Gilstrap, United States District Court for the Eastern District of Texas
District Judge Yvonne Gonzalez-Rogers, United States District Court for the Northern District of California
District Judge Cathy Ann Bencivengo, United States District Court for the Southern District of California
Chief Judge Timothy Stanceu, 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:
Leslie Spencer, Partner, Ropes & Gray

Panel:
Jill Schmidt, Senior Counsel, Genentech
David Killough, Assistant General Counsel, Microsoft
Greg Raleigh, Venture Adviser, New Enterprise Associates
John Mulgrew, Assistant General Counsel & Global Head of IP, Uber
Gregory A. Castanias, Partner, Jones Day
Chad Hanson, Senior IP Litigation Counsel , Medtronic, Inc.
Earl “Eb” Bright, President & General Counsel, ExploraMed Development

10:40 AM – 10:55 AM Networking Break

10:55 AM – 11:55 AM Appellate Practice: Key Strategic Considerations

Effective appellate advocacy calls for attention to the limitations of review (including, for instance, the case or controversy requirement as it relates to agency appeals). Amicus briefs in appellate advocacy also can play a critical role. A complete understanding of the role of amici and tactics to avoid when amici are involved is pivotal.

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

Panel:
Constantine Trela, Partner, Sidley Austin LLP
Eric Shumsky, Partner, Orrick Herrington & Sutcliffe LLP
Karen Robinson, Associate General Counsel, Adobe Systems
Matthew Sarboraria, Vice Associate General Counsel, Oracle

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

Panel:
Sheila Swaroop, Partner, Knobbe Martens
Samuel Davidoff, Partner, Williams & Connolly LLP
Chad Everingham, Partner, Akin Gump
Craig Davis, Senior Litigation Counsel, HP Inc.

ELECTIVES

2:00 PM – 3:00 PM Serving Veterans Pro- Bono (Ethics)

Moderator:
Cheryl Mason, Chairman, Board of Veterans Appeals Department of Veterans Affairs

Panel:
Katherine Helm, Partner, Dechert LLP
Chief Judge Robert Davis, United States Court of Appeals for Veterans Affairs

2:00 PM – 3:00 PM PTAB: All Things Considered

Moderator:
Molly Silfen, Associate Solitor, United States Patent Trademark Office

Panel:
Acting Chief Judge Scott Boalick, United States, Patent Trial Appeal Board
Deputy Chief Judge Jaqueline Bonilla, Patent Trial Appeal Board
Christopher Burrell, Senior Director & Senior Counsel, Samsung Electronics
Trenton Ward, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

2:00 PM – 3:00 PM The Intersection of Patent and Trade Secrets

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

Panel:
Stephen Chow, Partner, Hsuanyeh Law Group
Chris Geyer, Associate General Counsel, Appian Corporation
Serena Farquharson Torres, Senior Patent Counsel, Bristol-Myers & Squibb
Gregory P. Stone, Partner, Munger, Tolles & Olson LLP

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:
Nathan Kelley, Partner, Perkins Coie
Nick Groombridge, Partner, Paul ,Weiss, Rifkind, Wharton & Garrison LLP
Luann Simmons, Partner, O’Melveny & Myers LLP
William Peterson, Partner, Morgan, Lewis & Bockius LLP

8:30 AM – 9:30 AM Leading Contract Challenges

Moderator:
Scott McCaleb, Partner, Wiley Rein LLP

Panel:
Acting Chief Judge Margaret Sweeney, United States Court of Federal Claims
Frank Murray, Partner, Foley Lardner
Robert Huffman, Partner, Akin, Gump, Strauss, Hauer & Feld 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

Panels:
Thomas M. Beline, Partner, Cassidy Levy Kent LLP
Tara Hogan, Assistant Director of the Commercial Litigation Branch, Civil Division, United States Department of Justice

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

Panel:
Chief Judge Charles Bullock, Administrative Law, United States International Trade Commission
Acting Chief Judge Scott Boalick, Patent Trial & Appeal Board
Andrew Thomases, Partner, Ropes & Gray LLP
Jonathan Engler, Partner, Adduci Mastriani & Schaumberg LLP
Naveen Modi, Partner, Paul Hastings LLP
Jeffrey Homrig, Partner, Latham & Watkins LLP

10:45 AM – 11:45 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

Panel:
Rick Cederoth, Partner, Sidley Austin LLP
Jay Jurata, Partner, Orrick
Suzanne Munck, Deputy Director & Chief Counsel For Intellectual Property, Federal Trade Commission
Joseph J. Mueller, Partner, Wilmer, Cutler, Pickering, Hale & Dorr LLP

11:45 AM – 12:45 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

Panel:
Deanne Maynard, Appellate & Supreme Court Co-chair, Morrison & Foerster LLP
Allyson N. Ho, Partner, Gibson, Dunn & Crutcher LLP
Malcolm Stewart, Deputy Solicitor General, United States Department of Justice

12:45 AM – 1:45 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

Panel:
John A. “Jack” Kelly, Senior Counsel, GE Aviation
Amalie Weber, Head of Government Contract, Snowflake
Brian Pandya, Deputy Associate Attorney General, United States Department of Justice
Shamita Etienne-Cummings, Partner, White & Case
David Johansen, Chairman, United States International Trade Commission

 

 

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.




 

For more information, contact Tori Wright at 202-536-4160 or wright@fedcirbar.org.


 

 

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
    • Patent Trial and Appeal Board
    • International Trade Commission
    • Court of Federal Claims
    • Civilian Board of Contract Appeals
    • Armed Services Board of Contract Appeals
    • Court of Appeals for Veterans Claims
  • Newsletter - The newsletter contains timely information including rules changes, personnel changes, hearing dates, and upcoming meetings and events of the Association.  All newsletters are available to members through the website.
  • Webcasts - Educational and Topical Webcasts – Educational nuts & bolts advocacy and subject matter areas as well as important, timely decisions such as In Re Bilski. More than a dozen webcasts are available yearly, and are searchable by subject matter.

Materials

Participation and Leadership Opportunities in all Circuit Community Practice Areas

Active Committees represent Circuit subject matter and practice areas, with input into Association programming and initiatives.  Multi-committee coalitions address topics such as rules, amicus, and other matters crossing subject areas.

Pro Bono Opportunities

Robust opportunities exist to participate in screening and representational roles for both veterans and government personnel pro se parties, as well as PTO.

Collaborations with other Bar Associations and Universities

The FCBA enjoys active relationships with a variety of other interested associations and academic institutions.


 

Learn more about member benefits and apply to be a member today!

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