PatCon 8: The Annual Patent Conference

PatCon 8: The Annual Patent Conference

This event occurred in the past

Date and Time

Thursday, March 1, 2018 — Saturday, March 3, 2018

Location

Joan B. Kroc Institute for Peace and Justice

5998 Alcala Park San Diego, CA 92110

Cost

0

Details

Overview | Costs & Registration | Schedule | Participants | MCLE
Conference Hotel Rate | Location & Directions | Sponsors

Conference Overview

The Patent Conference is the largest annual conference for patent scholars in the world. The conference is a cooperative effort among the University of Kansas School of Law, Northwestern Law School, University of San Diego School of Law, and Boston College Law School to hold an annual conference where patent scholars in law, economics, management science, and other disciplines can share their research.

In 2010, the founders of PatCon—law professors David Olson, David Schwartz, Ted Sichelman and Andrew Torrance—realized that the growth and importance of research in the area of patents required an exclusive forum that would enable participants to share their research with other experts and explore links across the legal and business side of patents.

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Costs and Registration

Register here

Registration Type Cost
Premium Registration (includes all Friday and Saturday events): $295*
Premium Registration for Students/Professors (requires .edu email address): no charge
Friday-only Registration: $195*
Friday-only Registration for Students/Professors (requires .edu email address): no charge
Saturday-only Registration: $95*
Saturday-only Registration for Students/Professors (requires .edu email address): no charge

* After February 1, 2018 the price for Premium Registration will be $375; the price for Friday-only Registration will be $275; and the price for Saturday-only will be $125.

Registration for Thursday's event is through SDIPLA.

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Schedule

Thursday, March 1

The opening reception is co-hosted with SDIPLA and will be held on Thursday evening, March 1, at Morrison & Foerster LLP, 12531 High Bluff Dr. #100, San Diego, CA 92130. Registration for the opening reception is through SDIPLA.

Friday, March 2

The opening day of the conference will feature panels of judges, USPTO personnel, attorneys, scholars, and others from industry in a dialogue on the patent system and a keynote lunch address. The full Scholars Concurrent Sessions Schedule, including links to abstracts and papers, is available here. Links to papers and abstracts are also available below in the Presenters section.

8:30 – 9:15 a.m. Registration and Continental Breakfast
9:15 – 9:30 a.m. Welcome and Introductions
9:30 – 10 a.m. Opening Keynote: Carter G. Phillips, Partner, Sidley Austin; former Assistant to the Solicitor General
10 – 11 a.m. Judges Panel: The Honorable Cathy Ann Bencivengo & William V. Gallo, Southern District of California
11 – 11:15 a.m. Break
11:15 a.m. – 12:15 p.m.

Industry Panel: Geoff Biegler, Fish & Richardson, Joseph ReidPerkins Coie; David Jones, Microsoft; Joseph Reisman, Knobbe Martens, Daniel Yannuzzi, Sheppard Mullin.

12:15 – 1:30 p.m. Lunch & Keynote SpeechJoseph Matal, Formerly performed the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Room ABC
1:30 – 1:45 p.m. Break
1:45 – 3 p.m. Patentability of Medical Diagnostics:  Dirk van den Boom, CEO, Juno Diagnostics, former CEO of Sequenom; Brian Sun, Director, Intellectual Property, Prometheus Laboratories;  Matthew Bresnahan, Partner-Elect, Wilson Sonsini; Donna Shaw, UC San Diego;  Prof. Joshua Sarnoff, DePaul University School of Law; Prof. Jeffrey Lefstin, Hastings School of Law
3 – 3:15 p.m. Break
3:15 - 3:30 p.m. USPTO Economists Presentation: Andrew A. Toole, Acting Chief Economist; Asrat Tesfayesus, Economist
3:30 – 5:30 p.m.

Scholars Concurrent Session #1

  • Empirical Studies of Patents I (Stephen Yelderman, Mark A. Lemley, Matthew Sipe, Andrew W. Torrance, Lisa Larrimore Ouellette); KIPJ Theatre
  • Patent Doctrine History, Policy & Theory I (Brenda M. Simon, Charles Duan, Michael J. Burstein, Colleen Chien, Sunita Tripathy); Room E/F
  • Patent Challenges at the PTO & Courts (Christa Laser, Greg Reilly, Jay P. Kesan, Michael Risch, Shawn Ambwani); Room D

5:30 – 8:30 p.m. Conference Dinner at La Gran Terraza, USD (by invitation)
Saturday, March 3
8:45 – 9:15 a.m. Breakfast
9:15 – 10:45 a.m.

Scholars Concurrent Session #2

  • Patent Doctrine, History, Policy & Theory II (Ofer Tur-Sinai, Bernard Chao, Tom Cotter, Norman Siebrasse, John M. Golden) Room D
  • Empirical Studies of Patents II (Jonathan H. Ashtor, Amy Semet, Raphael Zingg, Christian Helmers, Brian Love); Room E/F
  • Patents, Biotech, and Pharma (Mostly) (Dmitry Karshtedt, David S. Olson, Peter Lee); Room G
10:45 – 11 a.m. Break
11 – 12:30 p.m.

Scholars Concurrent Session #3

  • Patent Doctrine, History, Policy & Theory III (Ryan Abbott, Alicia D. Williams, Oskar Liivak, Stefania Fusco) Room D
  • Empirical Studies of Patents III (Jason Rantanen, Ted Sichelman, Shawn P. Miller); Room E/F
  • Patents, ICT, and FRAND Commitments (Guido Noto La Diega, Manveen Singh, Indranath Gupta, Jorge Contreras); Room G
12:30 – 1:30 p.m. Lunch, Room AB
1:30 – 3 p.m.

Scholars Concurrent Session #4

  • Patent Doctrine, History, Policy & Theory IV (Pamela Samuelson, Andrew C. Michaels, Joshua D. Sarnoff, Laura Pedraza-Farina) Room D
  • Empirical Studies of Patents IV (Brian D. Wright, Asrat Tesfayesus, Neel U. Sukhatme, Richard Gruner) Room E/F
  • INPRECOMP -- Patent Remedies Workshop (Reasonable Royalty Damages, Enhanced Damages, Lost Profits) INPRECOMP is an international comparative law project that aspires to establish a descriptive account of patent damages across multiple jurisdictions in North America, Europe and Asia as well as recommendations regarding potential harmonization and future directions in this area of law. Feedback and commentary on our preliminary work by all PatCon attendees is invited. Room G
3 – 3:15 p.m. Break
3:15 – 4:45 p.m.

Scholars Concurrent Session #5

  • Patent Doctrine, History, Policy & Theory V (Krzysztof Czub, Chris Beauchamp, Bill Watson); Room D
  • Empirical Studies of Patents V (Xuan-Thao Nguyen, Erik D. Hille, Stijepko Tokic, David Taylor); Room E/F
  • INPRECOMP -- Patent Remedies Workshop (Injunctions, FRAND, Antitrust) INPRECOMP is an international comparative law project that aspires to establish a descriptive account of patent damages across multiple jurisdictions in North America, Europe and Asia as well as recommendations regarding potential harmonization and future directions in this area of law.
    Feedback and commentary on our preliminary work by all PatCon attendees is invited. Room G

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Participants

Ryan Abbott, University of Surrey School of Law (Everything is Obvious)

Shawn Ambwani, Unified Patents (Determinants of Patent Quality: Evidence from Inter Partes Review Proceedings)

Jonathan H. Ashtor, Paul, Weiss, Rifkind, Wharton & Garrison LLP (The Conceptual Novelty of Patents)

Chris Beauchamp, Brooklyn Law School (Dousing the Fires of Patent Litigation)

The Honorable Cathy Ann Bencivengo, Southern District of California

Geoff Biegler, Fish & Richardson

Matthew Bresnahan, Partner-Elect, Wilson Sonsini

Michael J. Burstein, Cardozo School of Law (Toward a Theory of Inventorship in Patent Law)

Bernard Chao, University of Denver Sturm College of Law (Lost Profits in a Multicomponent World)

Colleen Chien, Santa Clara University jorSchool of Law (Inequality Innovation and Intellectual Property)

Jorge Contreras, University of Utah S.J. Quinney College of Law (Is it Time for Global FRAND Arbitration?)

Tom Cotter, University of Minnesota Law School (Switching Costs and Patent Holdup)

Krzysztof Czub, The University of Gdansk The Faculty of Law Civil Law Department (The Construction and Limitation of a Priority Right in Patent Law)

Charles Duan, R Street Institute (Patentable Subject Matter Eligibility and the Commercialization Incentive)

Stefania Fusco, University Notre Dame, The Law School (Retracing the Origins of the Patent System)

The Honorable William V. Gallo, Southern District of California

John M. Golden, The University of Texas at Austin School of Law (IP Design Progress and Civil Society)

Richard Gruner, Whittier Law School (Where the Magic is Made: International Sources and Influence of Patented Inventions)

Indranath Gupta, O.P. Jindal Global University Jindal Global Law School (The Test of Unwillingness in SEP cases: Lessons for India)

Erik D. Hille, Economics, SMU Dedman College of Humanities & Sciences (Picking the Winners in IP Venture Lending)

David Jones, Microsoft

Dmitry Karshtedt, George Washington University Law School (For Better or Worse: The FDA’s Role in Regulating Pharmaceutical Improvements)

Jay P. Kesan, Illinois College of Law (Outcomes of Original and Subsequent Petitions at the PTAB)

Lisa Larrimore-Ouellette, Stanford Law School (How do Patent Incentives Affect University Researchers?)

Christa Laser, Kirkland & Ellis LLP (The Scope of IPR Estoppel: a Historical and Statutory Analysis)

Peter Lee, UC Davis School of Law (Concentration Drivers in IP-Intensive Industries)

Jeffrey Lefstin, Hastings School of Law

Mark A. Lemley, Stanford Law School (The Patent Enforcement Iceberg)

Oskar Liivak, Cornell Law School (Patent Accidents)

Brian J. Love, Santa Clara University School of Law (The Effect of Bifurcation on Patent Litigation: Evidence from U.S. Inter Partes Review)

Joseph Matal, Formerly performed the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office

Andrew C. Michaels, George Washington University Law School (Rules, Standards, and Technological Advance)

Shawn P. Miller, Stanford Law School (Venue Post-TC Heartland: An Empirical Assessment of Changes in Filing Behavior Across Patent Plaintiff Types)

Xuan-Thao Nguyen, Indiana University McKinney School of Law (Addressing Information Asymmetry in IP Venture Banking)

Guido Noto La Diega, Northumbria Law School (Patenting the Internet of Things)

David S. Olson, Boston College Law School (Analysis of Abuse of REMS Patents to Anticompetitively Restrict Generic Competition)

Laura Pedraza-Farina, Northwestern Pritzker School of Law (Anti-Innovation Norms)

Carter G. Phillips, Partner, Sidley Austin; former Assistant to the Solicitor General

Jason Rantanen, University of Iowa College of Law (The Landscape of Modern Patent Appeals)

Joseph Reid,Perkins Coie

Greg Reilly, IIT Chicago Kent School of Law (Amending Patent Claims)

Joseph Reisman, Knobbe Martens

Michael Risch, Villanova University Charles Widger School of Law (Do Patent Challenge Rights Lead to Preemptive Lawsuits?)

Pamela Samuelson, Berkeley Law School (The Waxing and Waning of Copyright and Patent Protections for Software Innovations)

Joshua D. Sarnoff, DePaul University College of Law (Eligibility, Claiming, and Obviousness: An Eternal Golden Braid)

Amy Semet, Woodrow Wilson School of Public and International Affairs, Princeton University, (Diffusion of Patent Law Precedent (empirical)

Donna Shaw, UC San Diego

Ted Sichelman, University of San Diego School of Law (Predicting Obviousness)

Norman Siebrasse, University of New Brunswick Law (Switching Costs and Patent Holdup)

Brenda M. Simon, Thomas Jefferson School of Law (Contextualizing the Information-Facilitating Function of Patents Throughout the Innovative Process)

Manveen Singh, Jindal Global Law School, O.P. Jindal Global University (Tracing the Evolution of Standards and Standards-Setting Organizations in the ICT Era)

Matthew Sipe, United States Supreme Court Fellow (Experts, Generalists, and Laypeople: An Empirical Look at Patent Adjudication)

Neel U. Sukhatme, Georgetown University Law Center (Patents as Quality Signals to Consumers)

Brian Sun, Director, Intellectual Property, Prometheus Laboratories

David O. Taylor, SMU Dedman School of Law (The Impact of the Supreme Court’s Eligibility Decisions on Investment in Research and Development)

Asrat Tesfayesus, US Patent and Trademark Office (A Wonderland After Alice: Abstraction and Uncertainty of Patentability)

Stijepko Tokic, Northeastern Illinois University, Department of Accounting, Business Law and Finance (Empirical Research on the Interplay between User Innovation, Patents, and Product Liability Laws)

Andrew A. Toole, US Patent and Trademark Office (A Wonderland After Alice: Abstraction and Uncertainty of Patentability)

Andrew W. Torrance, Kansas University School of Law (A Worldwide Patent Citation Network)

Sunita Tripathy, Jindal Global Law School, O.P. Jindal Global University (Interpreting Patent Linkage within TRIPS: A Need for Clarity)

Ofer Tur-Sinai, Ono Academic College, Faculty of Law (Exhaustion in the Service of Progress)

Bill Watson, R Street Institute (Article III and the ITC: Is Section 337 Unconstitutional?)

Dirk van den Boom, CEO, Juno Diagnostics, former CEO of Sequenom

Alicia D. Williams, North Carolina Central University School of Law (The Constitutional and Social Justice Implications of Transferring Patents to Sovereign Entities: Reducing Access to Affordable Health Care)

Brian D. Wright, UC Berkeley, Department of Agricultural and Resource Economics (Early-Onset Patent Value Flows: Anticipation and Realization)

Daniel Yannuzzi, Sheppard Mullin

Stephen Yelderman, University of Notre Dame Law School (Prior Art in the District Court)

Raphael Zingg, ETH Zurich Center for Law & Economics (Patent Thickets and Collaboration in Nanotechnology)

 

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MCLE

The University of San Diego School of Law is a State Bar of California-approved MCLE provider and certifies that this event is approved for 7.0 general credit hours offered for Friday and 6.0 general credit hours offered for Saturday for a total of 13.0 general credit hours for the entire event.

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Conference HotelS

 The Hilton Garden Inn Old Town/Sea World

The Hacienda 

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Location, Directions & PARKIng

Joan B. Kroc Institute for Peace & Justice
Peace & Justice Theatre
University of San Diego
5998 Alcalá Park, San Diego CA 92110

From the North

  • Use I-5 South
  • Exit Sea World Dr. & Tecolote Rd.
  • Proceed left at stoplight toward Morena Blvd.
  • Turn right on Morena Blvd.
  • Left on Napa
  • Left on Linda Vista Rd.
  • Turn left on Marian Way for West Entrance to campus

From the South

  • Use I-5 North
  • Exit Morena Blvd. (signs will say: Morena Blvd. use I-8 East)
  • Stay to the right and follow signs for Morena Blvd.
  • Take the first right onto Linda Vista Rd.
  • Turn left on Marian Way for West Entrance to campus

From the East

  • Use I-8 West
  • Exit at Morena Blvd.
  • Go right onto Linda Vista Rd.
  • Turn left on Marian Way for West Entrance to campus

From all directions, once you enter the West Entrance. Parking is always available in the West Parking Structure (enter to the left after the kiosk). Payment is required Monday through Friday between the hours of 7:00am - 7:00pm. Guests may also pre-purchase daily permits using the online customer portal. Please visit the paid parking page for more information about paid parking on campus, including rates and payment methods.

Proceed up the hill to the Institute for Peace & Justice, which will be the first building on your right side (across from Mother Rosalie Hill Hall) or there is a tram that runs from the West Parking Structure to IPJ. The tram is free to all students, employees and visitors to the University, and runs from 6:45am - 10:45pm.

Check-in is located in the rotunda.

Campus Map

Mass Transit

For attendees wishing to use mass transit, please be advised that schedules and services are limited; consulting schedules in advance is highly recommended. The most convenient hub is the Old Town Transit Center, which is served by bus, the San Diego Trolley, and the Coaster commuter train. The Old Town station is served by USD shuttle buses.

USD shuttle bus information
Old Town Transit Center information

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Sponsors

 

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Phone

Contact Us

Phone: (619) 260-4527
lawdean@sandiego.edu

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Warren Hall, Room 201
5998 Alcalá Park
San Diego, CA 92110