Over the last several years, the Supreme Court and the Federal Circuit have taken a number of steps suggesting that the law governing software patents is still very much in flux. In terms of the scope of patent law’s reach (Bilski) to applicable remedies (Ebay), the courts have taken seriously concerns about the state of the patent system and its impact on innovation the software and information technology sectors. At the same time, Congress–spurred by a coalition of IT firms–has considered a number of reform measures geared to address concerns that the patent system is rewarding bad patents and encouraging inefficient litigation.
In this conference, we will evaluate both the premises underlying the call for a fundamental reform–and, indeed, the possible abolishment of–software patents as well as some specific suggestions for changing how patents are granted and how patent litigation operates. In particular, we will evaluate whether software patents should exist at all, whether patent litigation serves a constructive role in facilitating innovation and commercialization of new technologies, and whether patents play an important role in spurring the development of new technologies and enabling start-up firms to attract financing. It will conclude with a roundtable of three leading commentators on the role of patents and innovation.
Sessions
Welcome
The Debate Over the Proper Scope of Patents
- Damien Geradin
Professor of Competition Law and Economics, Tilburg University - Michael Meurer
Professor of Law, Boston University - Kevin Luo
Associate General Counsel, Microsoft - John F. Duffy
Samuel H. McCoy II Professor of Law, University of Virginia School of Law - Timothy B. Scull
Partner, Merchant & Gould
The Realities of Patent Litigation: A Search for Truth or Leverage for Patent Holders?
- Natalie Hanlon Leh
Co-Partner-in-Charge, Denver Office, WilmerHale - John Posthumus
Partner, Greenberg Traurig - Mark A. Lemley
William H. Neukom Professor of Law, Stanford University; Director, Program in Law, Science and Technology, Stanford University - Sean Murphy
VP of Government Affairs, Qualcomm
Break
Patents, Start-up Companies, and Financing Decisions
- Jason Mendelson
Senior Fellow, Entrepreneurship Initiative, Silicon Flatirons - Michael Crawford
Partner, Q Advisors - Bill Vobach
Partner, Townsend and Townsend and Crew, LLP - Jason Haislmaier
Partner, Bryan Cave Leighton Paisner LLP - Sean O'Connor
Professor of Law, George Mason University
Roundtable Discussion: Software Patents in Perspective
- Mark A. Lemley
William H. Neukom Professor of Law, Stanford University; Director, Program in Law, Science and Technology, Stanford University - Michael Meurer
Professor of Law, Boston University - John F. Duffy
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
Reception
Sponsored By
Colorado Bar Association IP Section