From Wonderland Back to Reality:  A Practical Look at the Recent Chang
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From Wonderland Back to Reality: A Practical Look at the Recent Changes in Patent-eligibility Jurisprudence


Practice Areas:
Intellectual Property Law |  Patent Law
Faculty :
Lewis Hudnell |  Uttam Dubal
Course Levels:
Advanced
Duration:
1 hour
Format:
Audio and Video
Original Program Date :
May 30, 2018


Course Description

Course Description

On June 19, 2014, the Supreme Court issued its landmark decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l., which drastically changed the law of patent-eligible subject matter.  Since that time, patent eligibility challenges have become common place in the district courts and at the U.S. Patent Trademark Office. 

For the first three years following Alice, the U.S. Court of Appeals for the Federal Circuit, which hears all patent appeals, had overwhelmingly ruled against the patent owner on eligibility challenges.  Many have argued that the risk of having a patent declared ineligible under Alice has discouraged investments in innovation, particularly for software companies, and weakened the U.S. patent system.  But a recent string of Federal Circuit decisions in favor of patent owners, all issued in 2018, may provide new hope for patent owners and restore balance to the patent-eligibility landscape.

In this program titled From Wonderland back to Reality: A Practical Look at the Recent Changes in Patent-Eligibility Jurisprudence, Select Counsel presents a conversation between one of its patent professionals, Lewis Hudnell, and senior in-house attorney at HCL Technologies, Uttam Dubal, regarding the critical issues with respect to patent-eligibility challenges following the Supreme Court’s landmark decision Alice Corp. Pty. Ltd. v. CLS Bank Int’l. The presenters will analyze the recent developments surrounding this important topic and provide practical insight for in-house decision makers on the impact of these significant developments.

Topics Include

  • Introduction and Background of Alice v. CLS Bank; discussion of its impact
  • Discussion of Finjan v. Blue Coat and its Practical implications on eligibility of software patents and patenting strategy
  • Discussion of Core Wireless v. LG and its Practical implications on eligibility of software patents and patenting strategy
  • Discussion of Berkheimer v. HP and its Practical implications on patent litigation and litigation strategy
  • Discussion of Aatrix v. Green and its Practical implications on patent litigation and litigation strategy

Course Learning Objectives

At the end of this seminar, participants will have a deeper understanding of the recent changes in patent eligibility jurisprudence and the impact that these changes will have on their patent and patent litigation strategies.

 

Agenda

  • Topic 1 - Background of Alice v. CLS Bank; discussion of its impact
  • Topic 2 - Discussion of Finjan v. Blue Coat and its Practical implications on eligibility of software patents and patenting strategy
  • Topic 3 - Discussion of Core Wireless v. LG and its Practical implications on eligibility of software patents and patenting strategy
  • Topic 4 - Discussion of Berkheimer v. HP and its Practical implications on patent litigation and litigation strategy
  • Topic 5 - Discussion of Aatrix v. Green and its Practical implications on patent litigation and litigation strategy
  • Final thoughts
  • Q&A

CLE Credits

Select Counsel has applied for credit in CA, IL, OH, TX, VA, and WA.

MCLE credit for this activity has been granted for this program for the below mandatory CLE states. 


California

This course has been approved for 1 MCLE General Credit(s) in California of which 0 are Legal Ethics, 0 are Elimination of Bias in the Legal Profession, 0 are Prevention, Detection and Treatment of Substance Abuse/Mental Illness that Impairs Professional Competence.


Illinois

This course has been approved for 1 MCLE General Credit(s) in Illinois of which 0 credit(s) qualifies for Professional Responsibility credit.


Ohio

This course has been approved for 1 CLE Credit(s) in Ohio of which 0 credit(s) qualifies for Ethics credit.


Pennsylvania

This course has been approved for 1 CLE Credit(s) in Pennsylvania of which 0 credit(s) qualifies for Ethics credit.


Texas

This course has been approved for 1 MCLE Credit(s) in Texas of which 0 credit(s) qualifies for Ethics credit.


Washington

This course has been approved for 1 CLE Credit(s) in Washington of which 0 credit(s) qualifies for Ethics credit.


Other MCLE Jurisdictions

MCLE is pending for the above states that are not listed independently that Select Counsel applied for approval.

The following jurisdictions allow reciprocity for courses approved in other MCLE jurisdictions:Alaska, Arkansas, Colorado, Florida, Montana, New Jersey, New York, North Dakota, and Oregon.

States that allow an attorney to apply or self-report CLE credit are: Alabama, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Utah, West Virginia, Wisconsin and Wyoming.

 

 


Course Materials

Faculty

Lewis Hudnell Related seminars and products: 1

Principal

Hudnell Law Group P.C.


Mr. Hudnell is an intellectual property attorney specializing in patent litigation. He is committed to providing outstanding client service and to helping clients achieve favorable results in complex patent disputes. Mr. Hudnell has served as lead counsel on numerous patent lawsuits in federal court. He has successfully represented clients at trial and obtained numerous settlements and dismissals in his clients’ favor. He has also successfully represented clients in patent trials before the Patent Trial and Appeal Board.


PRACTICE FOCUS: Intellectual Property | Litigation and Dispute Resolution


PRIOR ROLES/EXPERIENCE: Former partner at Fish & Richardson


LAW SCHOOL: University of Pennsylvania Law School


LOCATION: San Francisco

 




Uttam Dubal Related seminars and products: 1

HCL Technologies, San Fancisco


Uttam Dubal is Sr. IP Product counsel for HCL Technologies, an international company with over 100,000 employees.  While issues of all sorts come across his desk, he spends most of his time on intellectual property matters, technology licensing work, counseling all of HCL's products line of business, and managing litigations.  He has a bachelor's degree in Electrical Engineering from Northwestern University and a JD from the University of North Carolina School of Law.  He primarily practiced patent law before transitioning his practice in-house.  Prior to law school, Uttam was a web-security consultant concentrating on identity and access management solutions.


PRIOR ROLES/EXPERIENCE: Former attorney at Paul Hastings and Finnegan Henderson

LAW SCHOOL: University of North Carolina Law School

LOCATION: San Francisco




MCLE Information

MCLE Information for Live Webinar, Webcast
& Video replay with Live Q&A

General Information

Please note that Select Counsel delivers multiple live webinars, webcasts and video replays with live Q & A. Please view a specific course program’s description page or marketing materials for information indicating the jurisdictions a specific program is eligible for credit.

Accreditation Information

Select Counsel applies for credit for it’s live webinars, webcasts and video replays with live question and answer in the following states:

  • California
  • Illinois
  • Ohio
  • Pennsylvania*
  • Texas
  • Virginia
  • Washington

Select Counsel does not seek direct accreditation in AL, AK, AZ, CO, CT, DE, FL, GA, GU, HI, IN, IA, ID,  KY, LA, MN, NE, ME, MO, MP, MS, MT, NH, NJ, NM, NY, NV, NC, ND, OK, OR,  PR, RI, SC, TN, UT, VI, VT, WI, WV and WY.  However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state. Meanwhile, most states allow for Course Approval Reciprocity or Attorney Submitted Applications for Accreditation.  Please see details below.

* Pennsylvania CLE credit will not be available for the first five video replays with live Q&A.

Course Approval Reciprocity

Select Counsel has applied for course approval in CA, IL, OH, PA, TX, VA and WA.The following states allow attorneys to earn CLE credit through reciprocity from a course or course provider that meets the basic requirements for approval in that state.  States that allow reciprocity for courses approved in other jurisdictions below.  Click any of the states  below for rules and regulations regarding reciprocity in that  below state.

Self-Reporting/Accreditation States

Select Counsel has submitted applications for course approval in CA, IL, OH, PA, TX, VA and WA. Select Counsel has not submitted applications in the states listed below.  Many states allow attorneys to submit a course for approval and/or self-report their attendance to the their MCLE Board if it has not been submitted by the sponsor of the course. Currently attorneys who participate in a Select Counsel course who want CLE for the states listed below need to apply/report directly with that state. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state.

  • Alabama
  • Delaware
  • Georgia
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kentucky
  • Louisiana
  • Minnesota
  • Mississippi
  • Nebraska
  • Nevada
  • New Hampshire
  • New Mexico
  • North Carolina
  • Oklahoma
  • Oregon
  • Rhode Island
  • South Carolina
  • Tennessee
  • Utah
  • West Virginia
  • Wyoming

At this time, Kansas requires the sponsor of all non-traditional format courses to submit the program application. (Kansas will not accept an application from an individual lawyer.)

Please note that some states have accreditation fees. In addition, some states may not approve specific programs, formats, or topics for credit. This list is a general guide only. Specific information about your state accreditation requirements can be found on your state's regulator page. For contact state regulator contact information please visit the Continuing Legal Education Regulators Association at www.clereg.org

Certificates of Attendance and Tracking

For each webinar, webcast or video replay with live Q&A, Select Counsel will be tracking your attendance through participation codes that pop up during the presentation. Instructions on how to use these participation codes, along with information about how to retrieve your credit will be provided to you prior, during and after the completion of the program.

Upon completion of the course you will receive a either a state specific certificate of attendance for the courses that Select Counsel applied for or a Uniform Certificate of Attendance for states that have reciprocity or are self applying/reporting states.  

State by State reporting instructions will be included with each certificate of attendance. You will receive this information via email, as well as in a handout that can be accessed before, during and after the course in your customer account.

Participation Reporting

Select Counsel only applies for course approval in the following states: CA, IL, OH, PA, TX, VA and WA,.  Select Counsel will report attendance in any of the above states (e.g. PA) that require the provider to report attendance.  For states that allow course approval reciprocity and/or that attorneys are self-reporting/applying, Select Counsel will guide you to the appropriate forms and governing bodies. All information about reporting credit to your state will be provided as a hand out prior, during and after the completion of the course.

A Note About MCLE Credit

The content on this page is for informational and educational purposes only. Each state has its own rules and regulations indicating what qualifies for CLE credit. Certain programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats.  Please contact your state MCLE regulatory entity for specific questions about your MCLE rules. For contact information, go to www.clereg.org

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