october 10, 2013 · which will be held at stanford law school on october 10, 2013. ... which patent...

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ABA SECTION OF ANTITRUST L AW Mark your calendar for other upcoming ABA Section of Antitrust Law Conferences. Visit www.ambar.org/Antitrust for details. ANTITRUST AND INTELLECTUAL PROPERTY CONFERENCE OCTOBER 10, 2013 STANFORD LAW SCHOOL, STANFORD, CA Conference Co-Chairs Mark A. Lemley Alfred C. Pfeiffer, Jr. D. Daniel Sokol www.ambar.org/AntitristIP

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Page 1: OctOber 10, 2013 · which will be held at Stanford Law School on October 10, 2013. ... which patent pools can confer market power on a group or single entity, and the

ABA Section of

AntitruSt LAw

Mark your calendar for other upcoming ABA Section of Antitrust Law Conferences. Visit www.ambar.org/Antitrust for details.

Antitrust AnD intellectuAl ProPerty

conferenceOctOber 10, 2013

StAnford LAw SchooL, StAnford, cA

conference co-chairsMark A. Lemley

Alfred C. Pfeiffer, Jr.

D. Daniel Sokol

www.ambar.org/AntitristIP

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Dear Colleague:

On behalf of the American Bar Association Sections of Antitrust Law and Intellectual Property Law and Stanford University, we are pleased to invite you to join us for our biennial Antitrust and Intellectual Property Law Conference, which will be held at Stanford Law School on October 10, 2013.

This all-day program will focus on critical and emerging issues at the intersection of these two dynamic areas of the law; conference highlights include:

• A keynote address by Stanford Law Professor Mark Lemley concerning the impact on the antitrust/IP interface from watershed developments such as the Supreme Court’s recent Actavis decision;

• A lunchtime interview with lead antitrust enforcers from the Department of Justice, the Federal Trade Commission and the California Attorney General’s office;

• Outstanding panels discussing: patent pools; domestic and international competition enforcement risks regarding IP rights; review of mergers involving strategic IP;and antitrust issues inherent in social media networks, as well as

• A lively, structured debate concerning the availability of injunctive relief in cases involving standard essential patents in which you and fellow attendees will be the vote-casting jury (via tablets that will be provided at the conference).

The Antitrust and Intellectual Property Law Conference is an outstanding opportunity for both seasoned practitioners and those looking to expand their expertise to gain deep practical insights into these and other issues from an expert faculty composed of esteemed government, corporate, and private practice attorneys, academics and economists.

We hope that you will join us at Stanford this October for this exciting event. Registration for this Conference will be limited, and we expect it to sell out. Please reserve your seat today!

We hope you will join us.

Christopher B. Hockett, Chair, ABA Section of Antitrust Law

Mark A. Lemley, Conference Co-Chair

Alfred C. Pfeiffer, Jr., Conference Co-Chair

D. Daniel Sokol, Conference Co-Chair

Page 2 2013 Antitrust and Intellectual Property Conference

WelcomeW

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Christopher B. Hockett

Mark A. Lemley

Alfred C. Pfeiffer Jr.

D. Daniel Sokol

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Welcome and Introduction

8:00 am – 8:15 am

Christopher B. HoCkett, Davis Polk & Wardwell LLP, Menlo Park, CA

Alfred C. PfeIffer, Jr., Latham & Watkins LLP, San Francisco, CA

registration

7:30 am – 5:30 pm

keynote Address: Antitrust Ascends in 2013

8:15 am – 8:45 am

The last twelve months have been a watershed period for the antitrust/intellectual property interface. From the Supreme Court’s decision in FTC v. Actavis, Inc. to the domestic and international events relating to standards essential patents, the debate rages on: can antitrust and intellectual property rights co-exist and under what terms? What’s next?Speaker:

Mark A. LeMLey, Stanford Law School, Stanford, CA

Patent Pools face New Antitrust threats

8:45 am – 9:45 am

Patent pools can enhance welfare when they enable the sharing of complementary IP, but they continue to pose serious and complex antitrust challenges. Experienced practitioners will analyze how best to navigate these potentially dangerous waters and examine topics such as the antitrust issues that arise when rivals in pools respond to patent-assertion entities, the circumstances under which patent pools can confer market power on a group or single entity, and the competitive issues that are likely to arise from the increasing use of patent pools.

Moderator:

Craig A. WALDMAN, Jones Day, San Francisco CA

Speakers:

Arthur J. Burke, Davis Polk & Wardwell LLP, Menlo Park, CA

Paul M. SArACeNI, Senior Vice President and Chief Intellectual Property Officer , RPX Corporation, San Francisco, CA

Lore uNt, U.S. Patent & Trademark Office, Washington, DC

Lawrence Wu, NERA Economic Consulting, San Francisco, CA

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enforcing IP rights and Defending Business Practices at Home and Abroad

9:45 am – 11:00 am

Enforcement regimes around the world are dealing with how to manage the IP/antitrust interface. Domestic and European practitioners and enforcers will compare the approaches of various global enforcement agencies. What are current international policies on standards essential patents and the willing licensee framework? What is the significance of the recent White House and FTC initiatives regarding patent-assertion entities, and how do they compare to international policies regarding such entities? Under what circumstances will various enforcement regimes compel licensing or set licensing rates?

Moderator:

elizabeth f. krAuS, Deputy Director for International Antitrust, Federal Trade Commission, Washington DC

Speakers:

kyle D. ANDeer, Senior Director Competition Law & Policy, Apple Inc., Cupertino, CA

Nicholas BANASevIC, Head of Unit, Unit 3: Antitrust: IT, Internet and Consumer Electronics, European Commission, DG Comp, Brussels, Belgium (invited)

richard y. GILBert, University of California, Berkeley, CA

Susan NING, King & Wood Mallesons, Beijing, China

trevor SoAMeS, Shearman & Sterling LLP, Brussels, Belgium

Anti-Social Media? existence and exercise of Market Power in Social Networking Platforms

11:00 am – 12:15 pm

This panel will consider and discuss, in the context of a hypothetical litigation matter, issues including: At what point does a social media platform’s success (or dominance) confer market power? What technologies should be considered plausible substitutes? How should courts define relevant markets in the social media context?

Moderator:

Amanda P. reeveS, Latham & Watkins LLP, Washington, DC

Speakers:

Jonathan S. kANter, Cadwalader Wickersham & Taft LLP, Washington, DC

Allen J. ruBy, Skadden Arps Slate Meagher & Flom LLP, Palo Alto, CA

Christopher S. yoo, University of Pennsylvania Law School, Philadelphia, PA

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12:15 pm – 12:45 pm

Boxed lunch Break

Post-Luncheon Presentation: A Conversation with the enforcers

12:45 pm – 2:00 pm

The top officials will discuss current initiatives and enforcement agendas for IP/antitrust at their agencies.

Moderator:

Alfred C. PfeIffer, Jr., Latham & Watkins LLP, San Francisco, CA

Speakers:

the Honorable William J. BAer, Assistant Attorney General, U.S. Department of Justice, Antitrust Division, Washington, DC (invited)

the Honorable Julie S. BrILL, Commissioner, Federal Trade Commission, Washington, DC (invited)

kathleen e. foote, Senior Assistant Attorney General, California Department of Justice, San Francisco CA

2:00 pm – 2:15 pm

Break

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Surviving Merger review Involving Strategic IP

2:15 pm – 3:30 pm

This panel will consider some of the complications that patents bring to the analy-sis of prospective mergers and acquisitions, including market definition challeng-es, acquisition of patent portfolios, acquisitions involving non-practicing entities, and factors that determine whether agencies will seek divestiture.

Moderator:

Logan M. BreeD, Hogan Lovells LLP, Washington, DC

Speakers:

Deborah A. GArZA, Covington & Burling LLP, Washington, DC

renata B. HeSSe, Deputy Assistant Attorney General, U.S. Department of Justice, Antitrust Division, Washington, DC (invited)

Carl SHAPIro, University of California, Berkeley, CA

Greg SIvINSkI, Assistant General Counsel, Microsoft Corp., Redmond, WA

3:30 pm – 3:45 pm

Break

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Should Holders of frAND-encumbered SePs be Able to Seek Injunctions? -- An oxford-Style Debate

3:45 pm – 5:15 pm

Under what circumstances should holders of FRAND-encumbered standards essential patents be able to seek injunctions? What does it mean to be a willing licensee? What is the proper mechanism for setting royalty rates in litigation related to standards essential patents? Those questions and others will be the subject of our Oxford-style debate. At the beginning and conclusion of the debate, we will poll the audience for its views.

Introduction:

Michael A. CArrIer, Rutgers School of Law, Camden, NJ

Moderator:

the Honorable Lucy H. koH, United States District Court for the Northern District of California, San Francisco, CA (invited)

Speakers:

Susan A. CreIGHtoN, Wilson Sonsini Goodrich & Rosati PC, Washington, DC

Leon B. GreeNfIeLD, WilmerHale LLP, Washington, DC

John D. HArkrIDer, Axinn Veltrop Harkrider LLP, New York, NY

Joseph kAttAN, Gibson Dunn & Crutcher LLP, Washington, DC

5:45pm – 7:00 pm

Closing reception

Follow us! f /ABAantitrust t #ATIPcon@ABAantitrust in linkd.in/UAc7SB

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Join Us Abroad in 2014

Antitrust inAsiA: chinAMAy 22-23, 2014

chinA worLd hoteL, Beijing, chinA

www.ambar.org/Antitrust

internAtionAlcArtel WorkshoP

MAy 22-23, 2014rome cAvALieri wALdorf AStoriA,

rome, itALy

www.ambar.org/Antitrust

fAll forumNOveMber 14, 2013

nAtionAL PreSS cLuB,wAShington, dc

www.ambar.org/Antitrust

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nconference informationDiSCounteD ReGiStRAtion Cut-oFF DAte: September 19, 2013Various registration rates and discounts are available for your convenience. Those registered by the cut-off date will be included on the Attendee Roster posted on the conference website and will have access to the course materials prior to the conference.

The following discounts are available to each attendee. The ABA automatically adjusts registrations submitted at the incorrect rate. Full payment at the correct rate must be received in order to process your registration and CLE credits. The ABA does not accept wire transfers or purchase orders.

Financial scholarship applications are available for this program. To request an application or receive additional information, contact: [email protected].

registration fees By Sept. 19 After Sept. 19

AT/IP Section Member/Stanford Alumni Rate: $550.00 $650.00

Non-Section Member: $850.00 $950.00

Academic/Nonprofit Section Member: $125.00 $225.00

Academic/Nonprofit Non-Section Member: $225.00 $325.00

Government Section Member: $125.00 $225.00

Government Non-Section Member: $225.00 $325.00

Law Student (limited availability): $000.00 $000.00

Paralegal: $200.00 $250.00

A. Methods of Registration online www.AmBar.org/AntitrustIP

Online registrants will receive an electronic confirmation within one day. Online registration closes at 5:00 CST on October 9th

on-site October 10

Stanford Law School7:30 am – 5:30 pm

There is no guarantee that space will be available at the conference for on-site registration. Your registration fee includes: admission to CLE sessions, CLE credit, continental breakfast, refreshments, course materials, and lunch.

Discounts

early registration Registrations received by the September 19 will be processed at the discounted registration rate.

ABA Antitrust & Intellectual Property Law Section Members & Stanford Alumni

The registration rate for Antitrust Law & Intellectually Property Law Section Members & Stanford Alumni is reduced for this conference as a member benefit. The discount is reflected on the registration page online.

ABA Members Join the Section of Antitrust Law ($60.00) and register at the reduced rate reserved for Antitrust Law Section members.

Not an ABA Member Join now and save by going to www.ambar.org/join

Government, Academics, Nonprofits and Paralegals

Available for those with a primary position at a government or academic institution (e.g., law firm lawyers who also are adjunct professors would pay the law firm rate).

Law Students Complimentary registration for law students who have not passed a Bar. Availability is limited.

Page 92013 Antitrust and Intellectual Property Conference

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B. ConfirmationsConfirmations will be sent electronically within one day of online registration. Please bring the confirmation with you to the conference.

C. CancellationsIn the event of cancellation, a refund of the registration fee, less a $50.00 administrative fee, will be granted only for written requests received by Patricia Harris ([email protected]) by 5:00 pm CST, on September 19, 2013. There will be no refunds after this date. Please allow four to six weeks after the conference for the processing of any refunds. The ABA reserves the right to cancel any conference or portion thereof and assumes no responsibility for personal expenses.

D. SubstitutionsWritten requests for substitutions will be permitted prior to the conference for requests received by october 9, 2013. After this date, substitutions will need to be made on-site. There is no additional cost for substitutions. Substitutions are not permitted once a registrant has registered on-site or after the conference has occurred. Please submit a request on firm letterhead to transfer the registration to another person. only the substitute will be eligible for CLE credit. The substitute and original registrant must work out the payment between themselves.

E. Special NeedsConfirmed registrants should notify [email protected] by the registration cut-off if special assistance for access and/or dietary needs is required.

F. Course MaterialsCourse materials for each session will be compiled on a USB drive and distributed at the conference.

G. On-sitePlease bring your confirmation to the on-site ABA Registration Desk to pick up your name badge, materials and CLE information. Registrations received after online registration has closed, or those who have not received an electronic confirmation, will need to go to the on-site ABA Registration Desk during the registration hours posted in the agenda.

H. Roster of ParticipantsA roster of conference participants is available on the conference website and updated on a weekly basis. Participants must be registered to be listed.

I. Tape RecordingNo audio recording or videotaping of any part of the conference will be permitted.

J. Registrant/Attendee Image and Voice AgreementRegistration for, attendance at or participation in the 2013 Antitrust & Intellectual Property Conference and other associated activities constitutes an agreement by the registrant to permit the American Bar Association and Stanford to use and distribute (both now and in the future) the registrant or attendee’s image or voice in photographs, videotapes, electronic reproductions, audiotapes of such events and activities.

K. CLE• ALL ATTENDEES: Sign-in for CLE; the majority of attendees only need do this once for the entire

conference. • DE & NY attendees are required by their states to sign in and out of each session. The forms

for DE and NY will be located in the back of each session room. • NY attorneys should pick up their customized Certificate of Attendance at the CLE

Information Desk during the conference hours.

The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This transitional program is approved for both newly admitted and experienced attorneys in NY. For more information about CLE accreditation in your state, visit www.ambar.org/antitrust. States typically decide whether a program qualifies for CLE credit in their jurisdiction 6 - 8 weeks after the program application is submitted.

Page 10 2013 Antitrust and Intellectual Property Conference

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ntravel informationHoteL ReSeRVAtionS Cut-oFF: September 17, 2013Individuals are responsible for making their own hotel accomodations. A discounted block of sleeping rooms has been reserved under the “ABA Antitrust Intellectual Property Conference.” Rooms will be available until the cut-off or when the block fills, whichever comes first.

StAnFord LAw SchooL (CoNfereNCe)

wEStin pALo ALto (GueSt rooMS)

559 Nathan Abbott Way805 21st Street, NW Stanford, CA 94305-8602USAwww.law.stanford.edu

645 El Camino RealPalo Alto, CA 95035650.321.4422$339.00/night + taxes

Palo Alto is in close proximity to three major airports

Mineta San Jose International Airport (SJC)

Travel Distance: Approximately 24.14 km/15.0 miles

San francisco International Airport (Sfo)

Travel Distance: Approximately 27.36 km/17.0 miles

Metropolitan oakland International Airport (oAk)

Travel Distance: Approximately 56.33 km/35.0 miles

Taxi service is readily available at all airports.

ABA orbitz for Business

We encourage you to use the ABA Online Travel site to receive ABA airfare discounts and to view and purchase other low fare options including web fares. Visit www.orbitzforbusiness.net.

ABA discounts can also be obtained directly from the carrier:

American Airlines Call 800.433.1790 code A7112TT

united Airlines

Call 800.426.1122, agreement code 648816; z code: ZMVB Visit www.united.com Online Code ZMVB648816

virgin American Visit www.virginamerica.com Code VXABA312

International travel

• International travelers should check their visa requirements with their local Embassy or Consulate. We are unable to send out letters supporting visa applications prior to processing the registration.

• Detailed information is available on the U.S. State Department site at www.state.gov/travel.

• Other useful sites are the U.S. Customs and Border Patrol site at www.cbp.gov and TSA What to Know Before You Go www.tsa.gov.

• Please email [email protected] for a visa letter

Page 112013 Antitrust and Intellectual Property Conference

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