PatCon 4: The Annual Patent Conference

This event occurred in the past

PatCon 4: The Annual Patent Conference

This event occurred in the past

Date and Time

Friday, April 4, 2014 — Saturday, April 5, 2014


Joan B. Kroc Institute for Peace and Justice

5998 Alcala Park San Diego, CA 92110




Overivew | 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, IIT Chicago-Kent College of Law, 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

Registration is now open.

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Registration TypeCost
Premium Registration (includes all Friday and Saturday events): $375
Premium Registration for Students/Professors (requires .edu email address): no charge
Friday-only Registration: $275
Friday-only Registration for Students/Professors (requires .edu email address): no charge
Saturday-only Registration: $125
Saturday-only Registration for Students/Professors (requires .edu email address): no charge

Registration for Thursday's event is through SDIPLA.

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Thursday, April 3

The opening reception is co-hosted with SDIPLA and will be held on Thursday evening, April 3, at the Marriott in Carmel Valley. Registration for the opening reception is through SDIPLA.

Friday, April 4

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. Download the abstracts for the Scholars Concurrent Sessions at the top right of this page.

8:45 – 9:30 a.m. Registration and Continental Breakfast
9:30 – 9:45 a.m. Welcome and Introductions
9:45 – 10:15 a.m. Opening Keynote: Andrew Byrnes, Chief of Staff, U.S. Patent & Trademark Office
10:15 – 11 a.m. Judges Panel: The Honorable Roger T. Benitez, The Honorable William V. Gallo, The Honorable Dana M. Sabraw, U.S. District Court for the Southern District of California
11 – 11:15 a.m. Break
11:15 a.m. – 12:15 p.m. Industry Panel: Daniel N. Yannuzzi, Sheppard Mullin, Karen B. Dow, Sughrue Mion PLLC, Joseph Reisman, Knobbe Martens, Matthew Bresnahan, WSGR, Stan Panikowski, DLA Piper, Alex Rogers, Qualcomm
12:15 – 1:30 p.m. Keynote Speech: The Honorable Kathleen O’Malley, Federal Circuit Court of Appeals
1:30 – 1:45 p.m. Break
1:45 – 3 p.m. "Patent Troll" Debate: John F. Duffy, University of Virginia School of Law & David L. Schwartz, IIT Chicago-Kent College of Law vs. Mark Lemley, Stanford Law School & Michael Meurer, Boston University School of Law
3 – 3:15 p.m. Break
3:15 – 5:15 p.m.

Scholars Concurrent Session #1

  • Empirical Patent Law #1 (John Allison, Stuart Graham, Jay Kesan, Jeremy Bock); KIPJ Theatre
  • Patent Law History, Institutions & Markets (Avi Bell, Mark Janis, Jonas Anderson, Laura Pedraza-Farina, Eric Lane); Room C
  • Patent Law Doctrine (David Olson, Lucas Osborn, David McGowan, Greg Vetter, Mark Lemley); Room D
5:30 – 8 p.m. Conference Dinner at La Gran Terraza, USD (by invitation)
Saturday, April 5
8:45 – 9:15 a.m. Breakfast
9:15 – 10:45 a.m.

Scholars Concurrent Session #2

  • Economic Theory & Measurement of Patent Law (Michael Meurer, Andrew Torrance, Jason Ratanen, Saurabh Vishnubhakat); Room E
  • Pharmaceutical & Biotech Patents (Stjepko Tokic, Yaniv Heled, Vincent Roth, Priti Phukan); Room F
  • Patent Commercialization, Financing & Markets #1 (Jorge Contreras, Erika Ellyne, Sam Ernst, Ryan Holte); Room G
10:45 – 11 a.m. Break
11 – 12:30 p.m.

Scholars Concurrent Session #3

  • Empirical Patent Law #2 (David Schwartz, Marketa Trimble, Michael Risch); Room E
  • Patentable Subject Matter & Obviousness (Chris Frerking, Andrew Chin, Dan Burk, Brenda Simon); Room F
  • Patent Commecialization, Financing & Markets #2 + Design Patents (W. Nicholson Price, Shubha Ghosh, Ralph Clifford); Room G
12:30 – 1:30 p.m. Lunch
1:30 – 3 p.m.

Scholars Concurrent Session #4

  • Empirical Patent Law #3 (Shawn Miller, Kirti Gupta, Mark Schankerman, Neel Sukhatme); Room E
  • Patent Law History, Institutions, and Markets #2 (Jacob Sherkow, Paul Gugliuzza, Greg Reilly); Room F
  • Patent Commercialization, Financing, and Markets #3 (Peter Lee, Amy Landers, Michael Burstein, Oskar Liivak); Room G
3 – 3:15 p.m. Break
3:15 – 4:45 p.m.

Scholars Concurrent Session #5

  • Patent Law Remedies (Gaia Bernstein, Thomas Cotter, Norman Siebrasse, David Taylor); Room E
  • International/Comparative Patent Law History & Institutions (Josh Sarnoff, Stefania Fusco, Ted Sichelman); Room F
  • Patent Law Theory (Richard Gruner, Charles Duan, Deven Desai); Room G

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  • John Allison, University of Texas at Austin (New Evidence on Patent Litigation Outcomes Across Industries)
  • Jonas Anderson, American University College of Law (Lobbying by Judges: The History and Ethics of Judicial Advocacy Before Congress)
  • Avi Bell, University of San Diego School of Law (Modulating Intellectual Property Protection)
  • Gaia Bernstein, Seton Hall University School of Law (The Rise of the End User in Patent Litigation and the Attorney Fee Shifting Debate)
  • Jeremy Bock, The University of Memphis, Cecil C. Humphreys School of Law (Perceptions of Agency Fallibility Among Likely Jurors: An Experiment with the Patent Office)
  • Matthew Bresnahan, Wilson Sonsini Goodrich & Rosati
  • Dan Burk, University of California, Irvine, School of Law (The Curious Incident of the Supreme Court in Myriad Genetics)
  • Michael Burstein, Cardozo School of Law (Secondary Markets for Patents: A Framework for Evaluation)
  • Andrew Chin, University of North Carolina School of Law (Software is Unpatentably Abstract Iff It is Formally Verifiable)
  • Ralph Clifford, University of Massachusetts School of Law (The Constitutionality of Design Patents)
  • Jorge Contreras, American University College of Law (Patent Pledges and Market Reliance)
  • Thomas Cotter, University of Minnesota Law School (Wrongful Patent Enforcement: A Comparative Law and Economics Analysis)
  • Deven Desai, Thomas Jefferson  School of Law (Patents, Meet Napster: 3D Printing and the Digitization of Things)
  • Karen B. Dow, Sughrue Mion PLLC
  • Charles Duan, Public Knowledge (Do Patents Disclose Knowledge? An Epistemological Problem for § 112)
  • John F. Duffy, University of Virginia School of Law
  • Erika Ellyn, University of Wisconsin (‘Thickness’ in the Patent System: Does Patent law Create ‘Thick’ Markets?)
  • Sam Ernst, Fowler School of Law, Chapman University (Patent Exhaustion for the Exhausted Defendant: Should Parties be able to contract around Exhaustion in Settling Patent Litigation?)
  • Christopher Frerking, University of New Hampshire School of Law (Aiming at the Heart of the Claim)
  • Stefania Fusco, DePaul University College of Law (The Patentability Requirements in the Venetian Republic between the 15th and 18th Centuries)
  • Shubha Ghosh, University of Wisconsin Law School (Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisdiction & Intellectual Property Federalism)
  • Stuart Graham, Georgia Institute of Technology (The Disclosure Function of Patents)
  • Richard Gruner, John Marshall School of Law (An Agency Theory of Patent Law: Linking Innovators and Invention Users)
  • Paul R. Gugliuzza, Boston University School of Law (Patent Exceptionalism)
  • Kirti Gupta, Qualcomm, Inc. (Smart Phone Litigation and Standard Essential Patents)
  • Yaniv Heled, Georgia State University College of Law (Regulatory Competitive Shelters as Patent Substitutes)
  • Ryan Holte, Southern Illinois University School of Law (Patent Trolls or Great American Inventors: Case Studies of Patent Assertion Entities)
  • Mark Janis, Indiana University Maurer School of Law (Don't Pay a Cent. . .: Patent Trolls, Customer Suits, and the Public Response in Nineteenth Century America)
  • Jay Kesan, University of Illinois School of Law (Dual Adjudication of Patent Invalidation)
  • Amy Landers, University of the Pacific/McGeorge Law (Exploring Patent Immunity for Start-ups)
  • Eric Lane, Thomas Jefferson School of Law (Patent PR)
  • Peter Lee, University of California, Davis School of Law (Social Innovation)
  • Mark Lemley, Stanford Law School (Does "Public Use" Mean the Same Thing It Did Last Year?)
  • Oskar Liivak, Cornell Law School (When Nominal is Reasonble: A Troll Definition, A Troll Solution)
  • David McGowan, University of San Diego School of Law (The Unfallen Sky)
  • Michael Meurer, Boston University Law School (Transparent Patents)
  • Shawn Miller, Stanford Law School (If You Can't Beat Them, Join Them? The Impact of 'Sitting by Designation' on Claim Construction Reversal")
  • David Olson, Boston College Law School (Statutory Interpretation of Patent Law)
  • Lucas Osborn, Campbell University School of Law (Digital Patent Infringement)
  • Stan Panikowski, DLA Piper
  • Laura Pedraza‐Farina, Northwestern Law School (A Typology of Expert Decision-making: the Federal Circuit as a Case Study)
  • Priti Phukan, University of San Diego School of Law (Patenting Proteins After Myriad)
  • Nicholson Price, Harvard Law School (Patent Trolling - Why Bio & Pharmaceuticals are at Risk)
  • Jason Rantanen, University of Iowa College of Law (A Law and Economics Approach to Patent Assertion Entities)
  • Dan Ravicher, Cardozo School of Law
  • Greg Reilly, University of Chicago Law School (Patent Discovery)
  • Joseph Reisman, Knobbe Martens
  • Michael Risch, Villanova University School of Law (A Generation of Patent Litigation)
  • Alex Rogers, Qualcomm Inc.
  • Vincent J. Roth, InnovaCounsel, LLP (Will FDA Data Exclusivity Make Biologic Patents Passé?)
  • Josh Sarnoff, DePaul University College of Law (Limits to Patenting Science, Nature, and Ideas in English and Colonial American Practice in the Constitutional Grant of Power)
  • Mark Schankerman, London School of Economics (Patents and Cumulative Innovation: Causal Evidence from the Courts)
  • David Schwartz, IIT Chicago‐Kent School of Law (Studying Uncertainty in Intellectual Property Valuation)
  • Jacob Sherkow, Stanford Law School (Administrating Patent Litigation)
  • Ted Sichelman, University of San Diego School of Law (A "Proper" Interpretation of the Venetian Patent Act of 1474)
  • Norman Siebrasse, University of New Brunswick (Accounting of Profits and Optimal Deterrence)
  • Brenda Simon, Thomas Jefferson School of Law (Rules, Standards, and the Reality of Obviousness)
  • Neel Sukhatme, Princeton University (How Much Do Patent Applicants Care About Patent Term? Cross-Industry Differences in Term Sensitivity)
  • David Taylor, SMU Dedman School of Law (Using Reasonable Royalties to Value Patented Technology)
  • Stjepko Tokic, Northeastern Illinois University (The Role of Defining the Relevant Product Market in the Post-Actavis Era)
  • Andrew Torrance, University of Kansas School of Law (An Analysis of the Complete United States Patent Citation Network)
  • Marketa Trimble, William S. Boyd School of Law, University of Nevada, Las Vegas (Foreigners in U.S. Patent Litigation: An Empirical Study of Patent Cases Filed in Nine U.S. Federal District Courts in 2004, 2009, and 2012)
  • Greg Vetter, University of Houston Law Center (Are Prior User Rights Good for Software?)
  • Saurabh Vishnubhakat, Duke University Law School (Ex Post Assessment, Human Rights, and the Public Domain)
  • Daniel N. Yannuzzi, Sheppard Mullin

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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 a total of 12.25 hours of general credit.

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Conference Hotel Rate

A special hotel rate is available at The Dana on Mission Bay.
Reserve your room online
to take advantage of the special rate.

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Location & Directions

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, stop by the parking kiosk for a complimentary visitor permit. 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). Limited parking is available in the garage under the building. Parking is always available in the West Parking Structure (enter to the left after the kiosk).

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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5998 Alcalá Park
San Diego, CA 92110