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On April 29, 2010, Silicon Flatirons will host a conference to examine the relationship between patent law and policy and free and open source software.
Both patents and open source have been credited with a great deal of technology innovation. But when the two meet in a single system, they may conflict. How does the open source mode of open, collaborative sharing mesh with patent’s exclusion rights and controlled licensing? Does patent law hinder or help the release and distribution of open source software? What can those who adopt open source software do to reduce their exposure to patent litigation and liability? Can new models of patent licensing help to enable collaborative sharing?
As the Supreme Court addresses patentable subject matter in its Bilski case; Apple sues phone developers over claims they copied the iPhone’s technology; and MPEG extends patent licenses on web video, we are ideally timed to consider the state of the law and its future direction. Experts from law, technology, and business will join us at Silicon Flatirons to address the challenges and opportunities of patents and open source software.
How does Free and open source software fit into a business strategy? How do its strengths and weaknesses compare with proprietary software? Does an entrepreneur need patents to gain a competitive edge? What best practices can minimize legal and competitive risks? This panel will showcase a mix of business, technology, and legal strategies to navigate the software industry.
How does the presence of open source software complicate patent litigation? Do cases involving open source software tend to be more expensive than other software patent lawsuits? Less expensive? Are there strategies open source software developers can deploy to decrease the threat of patent litigation and liability? Panelists will address current practices and proposals such as defensive licenses, patent pools, prior art databases, reexamination practice, litigation, and law reform.
Patented standards have been embraced in many fields. For example, many multimedia formats and communications specifications are both standardized and controlled by pools of patents. Can developers of open source software use these formats without infringing? Can a software developer license patents and permit end-user modification and redistribution of the software? What kind of intellectual property licensing policy promotes vibrant innovation in standards and software?
Sessions
Welcome
- Paul Ohm
Associate Professor of Law, Associate Dean for Academic Affairs
Open Source and Patent Business Models
- Paul Ohm — Moderator
Associate Professor of Law, Associate Dean for Academic Affairs - Jason Mendelson
Senior Fellow, Entrepreneurship Initiative, Silicon Flatirons - Jason Haislmaier
Partner, Bryan Cave Leighton Paisner LLP - Stormy Peters
Executive Director, Gnome Foundation - Pamela Samuelson
Richard M. Sherman Distinguished Professor of Law, University of California Berkeley; Director, Berkeley Center for Law & Technology
Break
Open Source and Patent Litigation
- Harry Surden — Moderator
Professor of Law, University of Colorado Law School - Jason Schultz
Assistant Clinical Professor of Law, Director, Samuelson Law, Technology & Public Policy Clinic - Jennifer Urban
Clinical Professor; Director, Samuelson Law, Technology & Public Policy Clinic, UC Berkeley School of Law - Lucky Vidmar
Associate, Greenberg Traurig LLP - Julie Dececco
Legal Director in the Litigation Department, Oracle America Inc. - David St. John-Larkin
Partner, Perkins Coie LLP
Break
Patents, Standards, and the Open Source Ecosystem
- Wendy Seltzer — Moderator
Fellow, Center for Information Technology Policy - Steve Mutkoski
Director of Interoperability & Standards, Microsoft - Judson Cary
Vice President Technology Policy, Deputy General Counsel, CableLabs - John Card
Director of Standards and Technology, EchoStar Technologies, L.L.C. - Nina Wang
Partner, Faegre Baker Daniels