Federal Circuit Panel to Discuss Splits within the Federal Circuit

The Federal Circuit is sitting in Colorado next week to hear oral arguments.  There are numerous activities being held by the IP community during the week.  One of the events that looks quite interesting is a panel to be held at the University of Denver comprised of Federal Circuit judges discussing splits within the Federal Circuit.  The agenda for the event is as follows:


University of Denver College of Law

Room 165

Oral arguments begin at 10:00 a.m.


University of Denver College of Law

Room 165

2:15 – 5:00 p.m.

(CLE credits pending)

“Patent Perspectives from the Inside.” This conference will bring together two very different sets of “inside” perspectives, those of the judiciary and in-house counsel, to discuss specific issues in patent law.

Panel 1: 2:15 – 3:30 p.m.

“Addressing Splits within the Federal Circuit,” with Federal Circuit Judges (not yet announced).

The Federal Circuit Court of Appeals is made up of twelve judges. Although the Court often helps clarify patent doctrine, the judges also occasionally disagree about the law. Examples of recent intra-circuit splits have occurred in the context of subject matter patentability, enablement, claim construction, and divided infringement. Join our panel of distinguished judges in a discussion about how they deal with differences of opinions within the Federal Circuit. The panel will be moderated by Denver Law Assistant Professor Bernard Chao.

Panel 2: 3:45 — 5:00 p.m.

“Cease and Desist Letters: The Law and The Tactics,” with Cynthia Bright, HP; Aaron Brodsky, Oracle; Chris Byrne, formerly with Tessera Technologies; and Stephen Perkins, Covidien.

Preparing and responding to cease and desist letters typically falls on the shoulders of in-house counsel. These letters have surprising number of different legal and practical implications. These letters can provide declaratory judgment jurisdiction. They also give the recipient notice of the patent and show that the patent holder knew about the recipient’s products. This in turn can affect determinations of damages and willfulness. Join a panel of experienced in-house counsel from around the country to discuss what goes into preparing and responding to cease and desist letters. This panel will be moderated by Professor Tim Holbrook from Emory University School of Law.

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