PATENT DISPUTES · 2016-01-29 · Avantika Chowdhury, Senior Consultant, Oxera, London Marie...
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era.int LITIGATION AND SETTLEMENTS IN PATENT DISPUTES • HOW TO MAKE THE BEST USE OF EU AND INTERNATIONAL LEGAL INSTRUMENTS? • PATENT SETTLEMENTS, INJUNCTIONS AND FRAND COMMITMENTS • ALTERNATIVE DISPUTE RESOLUTION Trier, 7-8 May 2015 ERA Conference Centre Metzer Allee 4, Trier, Germany Organiser: Florence Hartmann-Vareilles, ERA Language: English Event number: 215D40 Objective The aim of this seminar is to provide patent litigators and attorneys with practical guidance on how to make the best use of EU and international legal instruments in litigation and mediation/arbitration proceedings. Key topics Litigating before the Courts Choice of courts and applicable law Domestic and cross-border injunctions Settlement of patent litigation and FRAND commitments Case management before the Unitary Patent Court and before national Courts Courts procedures over the EU Validity of no challenge clauses Using alternative dispute resolution Pros and cons of mediation and arbitration in patent cases WIPO alternative dispute resolution mechanisms in practice Who should attend? Litigators and attorneys specialised in patent law, in-house counsel, European patent attorneys, members of the judiciary and future judges before the Unified Patent Court (UPC). Speakers Axel Casalonga, Senior Partner, Casalonga & associés, Paris Avantika Chowdhury, Senior Consultant, Oxera, London Marie Courboulay, Vice-President, Tribunal de Grande Instance, Paris Hermann Deichfuß, Judge, Federal Court of Justice, Karlsruhe Joachim Feldges, Partner, Allen & Overy LLP, Munich His Honour Michael Fysh QC, 8 New Square, London Sophie Lawrance, Senior Associate, Bristows LLP, London Jan-Diederik Lindemans, Partner, Crowell & Moring LLP, Brussels Lilia Luchianov, Case Handler, DG Competition, European Commission, Brussels Ansgar Ohly, Professor of Civil Law, Intellectual Property and Competition Law, Ludwig-Maximilian University, Munich John Temple Lang, Solicitor, Ireland, Cleary Gottlieb Steen & Hamilton LLP, Brussels Winfried Tilmann, Professor and Member of the Drafting Committee on the Rules of Procedure for the UPC; Of Counsel, Hogan Lovells International, Dusseldorf Travel to Trier: Shuttle services from Luxembourg airport to the ERA Conference Centre can be booked at special rates at: www.finkelgruens-taxi.de For further information Tatsiana Bras-Gonçalves Tel. +49 (0)651 937 37 222 Fax. +49 (0)651 937 37 773 E-mail: [email protected] Online registration: www.era.int/?124933&en Education and Culture DG Erasmus+ Programme ERA is funded with support from the European Commission. This communication reflects the view only of the author, and the Commission cannot be held responsible for any use which may be made of information contained therein.
Transcript of PATENT DISPUTES · 2016-01-29 · Avantika Chowdhury, Senior Consultant, Oxera, London Marie...
era.int
LITIGATION AND
SETTLEMENTS IN
PATENT DISPUTES • HOW TO MAKE THE BEST USE OF EU
AND INTERNATIONAL LEGAL
INSTRUMENTS?
• PATENT SETTLEMENTS, INJUNCTIONS AND FRAND COMMITMENTS
• ALTERNATIVE DISPUTE RESOLUTION
Trier, 7-8 May 2015
ERA Conference Centre
Metzer Allee 4, Trier, Germany
Organiser: Florence Hartmann-Vareilles, ERA
Language:
English
Event number:
215D40
Objective
The aim of this seminar is to provide patent
litigators and attorneys with practical guidance
on how to make the best use of EU and
international legal instruments in litigation and
mediation/arbitration proceedings.
Key topics
Litigating before the Courts
Choice of courts and applicable law
Domestic and cross-border injunctions
Settlement of patent litigation and FRAND
commitments
Case management before the Unitary
Patent Court and before national Courts
Courts procedures over the EU
Validity of no challenge clauses
Using alternative dispute resolution
Pros and cons of mediation and arbitration
in patent cases
WIPO alternative dispute resolution
mechanisms in practice
Who should attend?
Litigators and attorneys specialised in patent
law, in-house counsel, European patent
attorneys, members of the judiciary and future
judges before the Unified Patent Court (UPC).
Speakers
Axel Casalonga, Senior Partner, Casalonga & associés,
Paris
Avantika Chowdhury, Senior Consultant, Oxera,
London
Marie Courboulay, Vice-President, Tribunal de
Grande Instance, Paris
Hermann Deichfuß, Judge, Federal Court of Justice,
Karlsruhe
Joachim Feldges, Partner, Allen & Overy LLP, Munich
His Honour Michael Fysh QC, 8 New Square, London
Sophie Lawrance, Senior Associate, Bristows LLP,
London
Jan-Diederik Lindemans, Partner, Crowell & Moring
LLP, Brussels
Lilia Luchianov, Case Handler, DG Competition,
European Commission, Brussels
Ansgar Ohly, Professor of Civil Law, Intellectual
Property and Competition Law, Ludwig-Maximilian
University, Munich
John Temple Lang, Solicitor, Ireland, Cleary Gottlieb
Steen & Hamilton LLP, Brussels
Winfried Tilmann, Professor and Member of the
Drafting Committee on the Rules of Procedure for
the UPC; Of Counsel, Hogan Lovells International,
Dusseldorf
Travel to Trier:
Shuttle services from Luxembourg airport to the ERA
Conference Centre can be booked at special rates at:
www.finkelgruens-taxi.de
For further information
Tatsiana Bras-Gonçalves
Tel. +49 (0)651 937 37 222
Fax. +49 (0)651 937 37 773 E-mail: [email protected]
Online registration:
www.era.int/?124933&en
Education and Culture DG
Erasmus+ Programme
ERA is funded with support from the European Commission.
This communication reflects the view only of the author, and the
Commission cannot be held responsible for any use which may be made of information
contained therein.
Thursday, 7 May 2015
09:00 Arrival and registration of participants
09:30 Welcome and introduction
Florence Hartmann-Vareilles
I. LITIGATING PATENT CASES IN THE
EUROPEAN UNION: CHOOSING THE RIGHT
FORUM
09:45 Applying international private law to
European and Unitary Patent cases
Ansgar Ohly
10:30 Discussion
10:45 The optional jurisdiction of national courts
and the possibility to opt out from the
Unified Patent Court during the transitional
period: which law is applicable?
Winfried Tilmann
11:15 Discussion
11:30 Coffee break
12:00 Choosing between litigation and opposition
procedures after the grant of a European
patent
Axel Casalonga
12:30 Discussion
12:45 Lunch
Friday, 8 May 2015
IV. PATENT SETTLEMENT AGREEMENTS AND NO
CHALLENGE CLAUSES
09:15 The European Commission assessment
schemes for patent settlement agreements in
the life sciences sector
Lilia Luchianov
09:45 Discussion
10:00 Patent settlements and competition law
compliance: an economic point of view
Avantika Chowdhury
10:30 Discussion
10:45 No challenge clauses in the revised European
Technology Transfer rules and beyond:
implications for litigation and settlements
Sophie Lawrance
11:15 Discussion
11:30 Coffee break
12:00 Standard essential patents and court
inunctions in the high tech sector
John Temple Lang
12:45 Discussion
13:00 End of the conference
Programme may be subject to amendment
For programme updates: www.era.int
II. PATENT LAW DISPUTES: LITIGATION OR
ALTERNATIVE DISPUTE RESOLUTION?
14:00 Litigation versus arbitration and mediation:
• Pros and cons
• How and when to use WIPO Arbitration
and Mediation? Michael Fysh and Joachim Feldges
15:00 Discussion
15:15 Coffee break
III. COURT PROCEDURES AROUND THE
EUROPEAN UNION
15:45 Round table on court procedures in patent
invalidity and infringement cases:
Evidence, injunctions, damages
Germany: Hermann Deichfuß
UK: Michael Fysh
France: Marie Courboulay
16:45 Discussion
17:15 The cross-border effect of foreign decisions
on national preliminary injunction
proceedings: a judicial prelude to the UPC?
Jan-Diederik Lindemans
18:00 Discussion
18:15 End of first conference day
20:00 Evening programme
