Chambers Seminar: Intellectual Property Seminar
This session will cover current issues of interest to corporate General Counsel whose companies face IP litigation risks. It will examine recent developments and trends in three main areas of IP law:
(i) copyright law
(ii) patent law
(iii) the Lanham Act
with a focus on offering practical suggestions for reducing IP litigation risk and resolving cases favorably.
The copyright segment will focus on recent developments in the case law interpreting the Copyright Act, including coverage of Fourth Estate v. Wall-Street.com, a case the panelists successfully litigated before the Supreme Court this year. It will also cover emerging trends in the sector, such as those for fee awards following the Supreme Court’s 2019 decision in Rimini Street v. Oracle, which dramatically narrowed the scope of costs recoverable in copyright actions.
The patent litigation segment will summarize the state of the law on key issues including (i) venue and (ii) the risk of damages awards based on foreign sales in the wake of the Supreme Court’s 2018 decision in WesternGeco LLC v. ION Geophysical Corp. The panelists will also discuss early strategic choices, such as whether to petition for inter partes review, and how to approach Iqbal/Twombly pleading challenges and Alice patent-eligibility challenges.
The Lanham Act segment will cover developments and trends in decisional law, as well as offer practical advice for limiting exposure in Lanham Act litigation.
Time: 14:30 - 15:30
Stris & Maher LLP
Brendan Maher is a Founding Partner at Stris & Maher LLP and a tenured law professor. Brendan is one of the country’s leading experts on the statutory and regulatory framework of both ERISA and the Affordable Care Act. Brendan is also an expert on federal court procedure and evidence, as well as the law of fiduciary obligation. An active trial and appellate litigator with a national practice, he frequently serves as counsel in complex commercial disputes that involve healthcare, intellectual property, or business torts.
Senior Corporate Counsel
Buddy Toliver works as Senior Corporate Counsel at Cisco where he helps manage their docket of IP litigation, PTAB proceedings, and ITC actions. Cisco was one of the top 10 filers of IPR petitions in 2018 and also recently defended about a dozen PTAB challenges to its own patents. Cisco’s docket of patent litigation includes cases directly against Cisco as well as customer suits where Cisco is involved as a potential indemnitor. Prior to joining Cisco, Buddy was an associate on Kilpatrick Townsend’s patent litigation team. Buddy is a registered patent attorney with a degree in applied physics from Brigham Young University and JD from Georgia State University. He currently serves as board chair for the non-profit organization Partnership Against Domestic Violence.
Stris & Maher LLP
Elizabeth Brannen is a Partner at Stris & Maher LLP, where she leads the firm’s intellectual property litigation practice. Elizabeth has taken on a wide range of complex and high-profile matters in tech, copyright, healthcare, trade secret, and patent litigation, obtaining countless successes for clients at the state and federal court level, and at the Supreme Court. Elizabeth has experience litigating technology relating to eCommerce, Java, Android, global business applications, middleware, server-management, and other software, as well as hardware including medical devices, blade and rack-mount servers, storage systems, tablets, and mechanical devices. She represents Aptiv and Cisco, and has successfully resolved disputes for Barnes & Noble and McDonald’s, among others.