Trial of a Patent Case - CLE, Continuing Legal Education - ALI
Trial of a Patent Case
  • Thursday-Friday
  • May 30-31, 2013
  • Thomson Hall
  • Now available on-demand 24/7
  • New York, NY
Register Now!

Shipped to you: Printed Coursebook | MP3 CD-ROM | DVD Video

Available Online: Online CLE | MP3 Audio Files | Coursebook

Why You Should Attend

You have a patent dispute that is heading to trial. How do you clearly and persuasively present your case when the technology is complicated? How do you most effectively cross-examine the plaintiff’s technical expert? How do you convince the jury to award your client millions of dollars in damages?

This innovative and practical course of study, now in its eighteenth year and comprising twelve full hours of instruction, including one full hour of ethics, will provide the answers to these pressing questions and offer strategies, tips, and insights from a premier panel of expert judges and litigators.

This advanced course will help you stay ahead of the trends in patent litigation with:

Demonstrations of typical, but crucial, elements of a patent case

Discussion and analysis of the hottest topics in patent litigation

A roundtable with in-house counsel focusing on recent federal circuit court decisions and other developments affecting patent infringement litigation

Open forums in which registrants can pose questions to experienced judges and seasoned litigators

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What You Will Learn

Expert faculty of judges and litigators will examine the most relevant topics in today’s market, including:

Patent Litigation of Biosimilars

Parallel Proceedings

Current Issues in Design Patent Cases

Collateral Patent Litigation

Current Damage Issues

Supreme Court and Federal Circuit Decisions

Mediation and Other Alternative Dispute Resolution

The demonstrations employ realistic hypotheticals of common issues arising in patent litigation. One demonstration focuses on a motion to exclude a plaintiff’s damage expert, and another focuses on direct and cross examination of a technical expert witness. Our faculty of judges and seasoned practitioners provide post-mortem commentary on the demonstrations.

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Who Should Attend

This advanced course is designed for in-house litigation counsel responsible for the active management of patent matters and for private practitioners with at least moderate experience in patent matters. By the end of the course, registrants will have a better understanding of how to present the complex issues in a patent case through the use of simple themes employing proof consistent with Federal Circuit precedent.

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Planning Chairs

Marvin J. Garbis, Judge, U.S. District Court, Baltimore

George F. Pappas, Covington & Burling LLP, Washington, D.C.

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Garrett E. Brown, Jr., Chief Judge (retired), JAMS, The Resolution Experts, New York

Liam O'Grady, Judge, U.S. District Court, Alexandria, Virginia

Kathleen M. O’Malley, Judge, U.S. Circuit Court of Appeals for the Federal Circuit, Washington, D.C.

Jimmie V. Reyna, Judge, U.S. Circuit Court of Appeals for the Federal Circuit, Washington, D.C.

Esther Salas. Judge, U.S. District Court, Newark, New Jersey

Ronald M. Whyte, Senior Judge, U.S. District Court, San Jose, California

(Additional judges to be announced)


William P. Atkins, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C.

Jessamyn Berniker, Williams & Connolly LLP, Washington, D.C.

Tina M. Chappell, Director of Intellectual Property Policy, Intel Corporation, Chandler, Arizona

Kevin B. Collins, Covington & Burling LLP, Washington, D.C.

Scott J. Coonan, Senior Director of IP, Litigation & Strategy, Juniper Networks, Inc., Sunnyvale, CA

Sandra A. Frantzen, McAndrews, Held & Malloy Ltd., Chicago

Christopher J. Harnett, Ropes & Gray, LLP, New York

Michael E. Jones, Potter Minton, P.C., Tyler, Texas

Edward A. Mas, II, McAndrews, Held & Malloy, Ltd., Chicago

William J. McCabe, Ropes & Gray LLP, New York

Michael A. Morin, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., Washington, D.C.

Adam L. Perlman, Williams & Connolly LLP, Washington, D.C.

(Additional speakers to be announced)

ALI CLE Program Attorney: Thomas M. Hennessey (

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Program Schedule

THURSDAY, MAY 30, 2013

8:00 a.m. Registration and Continental Breakfast

8:55 a.m. Welcome and Announcements - ALI CLE Staff
Video Webcast Segment A

9:00 a.m. Introductory Remarks

9:15 a.m. Current Hot Issues under America Invents Act

9:45 a.m. Demonstration: Opening Statements

10:45 a.m. Networking and Refreshment Break

11:00 a.m. Current Issues in Design Patent Cases

11:45 a.m. Collateral Patent Litigation
State law causes of action that are considered to be federal patent cases by virtue of the relationship to patent law; Supreme Court and Federal Circuit precedents; alleged wrongful taking of "ideas" that are used in connection with patent applications

12:30 p.m. Lunch Break
Video Webcast Segment B

2:00 p.m. Parallel Proceedings
Litigation in the new USPTO administrative court; district courts stays; appellate court considerations about overlapping district court and administrative proceedings

2:30 p.m. Current Hot Damages Issues

3:15 p.m. Networking and Refreshment Break

3:30 p.m. Demonstration: Oral Argument of Motion in Limine To Exclude Plaintiff's Damages Expert

4:15 p.m. Open Forum: Ask the Judges about Patent Litigation

5:00 p.m. Adjournment for the Day
Reception for Faculty and Registrants

FRIDAY, MAY 31, 2013

8:30 a.m. Continental Breakfast and Networking Session
Video Webcast Segment C

9:00 a.m. Recent Supreme Court and Federal Circuit Decisions Affecting Patent Cases

10:00 a.m. Demonstration: Direct Examination of Technical Expert

10:20 a.m. Networking and Refreshment Break

10:35 a.m. Demonstration: Cross-Examination of Technical Expert

11:15 a.m. In-House Counsels' Views on Recent Federal Circuit Decisions and Other Developments Affecting Patent Infringement Litigation

12:15 p.m. Lunch Break
Video Webcast Segment D

1:45 p.m. Demonstration: Closing Arguments

2:45 p.m. Networking and Refreshment Break

3:00 p.m. Patent Litigation of Biosimilars

3:45 p.m. Mediation and Other Alternative Dispute Resolution

4:45 p.m. Adjournment

Total 60-minute hours of instruction: total 60-minute hours of instruction: 12

Suggested Prerequisite: Some experience in legal practice in subject matter.

Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; provision of information on recent legal developments; development of proficiency in performance of intricate and complex legal tasks within a narrow area.

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:
Excellent course. Best part is hearing from the judges.
The course was generally very helpful, especially getting the judge’s commentary and thoughts. As outside counsel, it was also interesting to hear the in-house perspective.
I usually look for an ALI-ABA program to fulfill my CLE before any other program. The programs are always well presented and give sufficient substance. – Nancy North Davis
Wow! Outstanding program—2 days with 4 federal court judges and patent trial lawyers at the top of their games delivering great insights and advice on the do’s and don’ts of trying a patent case. – Bob Waterman, Lane & Waterman LLP
It was a pleasure to watch such good lawyering. And the judges were very helpful.
Input of Judges is incredibly helpful—great resource to share!
This is an excellent course! The speakers are very professional and the judges’ perceptions and advice are invaluable to all of us attending.
I loved watching the lawyers give actual arguments - very helpful. Listening to the judges’ differing opinions will be helpful in my future practice.
The format of mock-argument/questioning a witness mixed in with substantive presentation re: recent developments highlighting the key issues is very effective. Hearing the perspective of judges on these issues is invaluable. Selection of topics is a great sampling of timely issues. The facts of the hypo were good — I felt that the format allowed us to jump right in and it was easy to catch on in terms of the key issues.
Loved the ‘live’ oral arguments. Very well done and a good learning experience.
Very practical, helpful course, well tailored to get right to the issues—without the fluff—and provide relevant information across the legal profession (e.g. to firm attorneys, in-house counsel, and judges). I enjoyed the mock trial components, especially because the presenters were so talented. I also enjoyed the frank discussions between lawyers and judges on common issues facing the profession.
Excellent course. Very insightful analysis by judges, counsel, and in-house counsel.
The course was extremely good. I am new to patent/IP practice, and it was so informative to hear the simulated in-court presentations. The interaction of the judges with the participants was particularly good.
Excellent course and great panel.
Panel discussions between judges and between corporate counsel were highly insightful. I believe it was very well done and would recommend it to my coworkers.
Fantastic! I am so appreciative of the judges and moot court advocates, especially.
The best and most unique aspect of this seminar is the opportunity to hear the perspectives and practices of a number of diligent and intelligent federal judges.
Well done. As a law student I was able to grasp the concepts and learned more about trends and recent cases. I would highly recommend this course and look forward to taking more ALI CLE courses.

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All times are Eastern time

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Course Details

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