American Intellectual Property Law Association Intellectual Property Practice in Europe Committee
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee
March 10-15, 2013 Delegation to London, Paris, Amsterdam and Munich
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Dear Delegates, The materials below include a delegation name-list, delegate photo-list, travel and accommodation information, the agenda at a glance, and the details for each meeting including maps. Please familiarize yourself with the materials and keep them with you during the week in the event you find yourself making your own way to a meeting. Delegation Ground Rules/Code of Conduct: Remember that this is a professional trip, not a vacation. Your conduct reflects on the Association as a whole, and your full participation is needed to support the other members of the delegation. 1. 2. 3. 4.
Arrive on time and attend all meetings/events Maintain professionalism during all meetings Take turns paying for taxis Have fun
Please review the next day’s agenda and notes the night before so you have an idea what is about to happen next. We will gather each morning in the hotel lobby to leave for our day of meetings. However, there may be times when the morning meeting time changes, and there are days where the transfer time between meetings will be tight. Please also be alert for unexpected changes as circumstances dictate during the week. In any case, it is important that we arrive at meeting locations with enough time remaining to exchange business cards and still be sitting down to start the meeting on time. If for any reason, you will not be attending a particular session, please alert us at once. Your assistance is greatly appreciated. Have fun and let us know if you have questions or suggestions. We can be reached at the contact information below. Regards, Laura Brutman Andy Smith Co-Chairs of IP Practice in Europe Committee Tel: +001 212 745 0848
[email protected]
IP Practice in Europe Delegation
Tel: +44 (0) 1276 483091
[email protected]
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March 10-15, 2013
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Delegation Members March 10-15, 2013 AIPLA Leadership (Executive Director, Exco and Board Members) Lewis, Jeffrey I. D.
President of AIPLA
Dickinson, Q. Todd
Executive Director of AIPLA
Committee Chair/Co-Chairs Brutman, Laura C.
Schiff Hardin LLP
Smith, Andrew G.
Eli Lilly and Company Limited
Delegation members Beem, Richard
Beem Patent Law Firm
Calvaruso, Joseph A.
Orrick, Herrington & Sutcliffe LLP
Dinunzio, Mary Catherine
H. Lundbeck A/S
Farrell, Raymond
Carter, DeLuca, Farrell & Schmidt, LLP
Angela Fox
RCG Jenkins & Co
Goldstein, Richard
Goldstein Patent Law
Hughes, Dewayne
Draeger
Kasper, Alan J.
Sughrue, Mion PLLC
Lemieux, Kathleen
Borden, Ladner, Gervais LLP
Mok, Iris
Intel Mobile Communications GmbH
Pegram, John B.
Fish & Richardson PC
Ruess, Peter
Arnold Ruess
Ryu, Mike
Maier & Maier
Schnekenbuehl, Robert
DTS Intellectual Property Law Firm
Thach, Tum
Safran Group
Venturino, Anthony
Novak Druce Connolly Bove + Quigg LLP
IP Practice in Europe Delegation
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March 10-15, 2013
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Event Delegate lists
London Sunday 10 March – Dinner with CIPA Laura Brutman Joseph Calvaruso Todd Dickinson Mary Catherine Dinunzio Raymond Farrell Angela Fox Richard Goldstein Dwayne Hughes Alan Kasper Kathleen Lemieux Jeffrey Lewis John Pegram Peter Ruess Mike Ryu Andrew Smith Anthony Venturino
Monday 11 March – CIPA Laura Brutman Joseph Calvaruso Todd Dickinson Mary Catherine Dinunzio Raymond Farrell Angela Fox Richard Goldstein Dwayne Hughes
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Alan Kasper Kathleen Lemieux Jeffrey Lewis John Pegram Peter Ruess Mike Ryu Andrew Smith Anthony Venturino
Paris Tuesday 12 March - APRAM and CNCPI Meetings Laura Brutman Joseph Calvaruso Todd Dickinson Mary Catherine Dinunzio Raymond Farrell Richard Goldstein Dwayne Hughes Alan Kasper Kathleen Lemieux Jeffrey Lewis Iris Mok – not attending APRAM John Pegram Mike Ryu Andrew Smith Tum Thach Anthony Venturino
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Zeist Wednesday 13 March – VIE Seminar Laura Brutman Joseph Calvaruso Todd Dickinson Raymond Farrell Richard Goldstein Dwayne Hughes Alan Kasper Kathleen Lemieux Jeffrey Lewis Iris Mok John Pegram Mike Ryu Andrew Smith
Munich Thursday March 14 – EPO – Senior Leadership Meeting Richard Beem Laura Brutman Joseph Calvaruso Todd Dickinson Raymond Farrell Richard Goldstein Dwayne Hughes Alan Kasper Kathleen Lemieux Jeffrey Lewis Iris Mok
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee John Pegram Mike Ryu Robert Schnekenbuhl Andrew Smith Tum Thach Anthony Venturino
Friday March 15 – Patentanwaltskammer Seminar and EPI Meeting Richard Beem Laura Brutman Joseph Calvaruso Todd Dickinson Raymond Farrell Richard Goldstein Dwayne Hughes Alan Kasper Kathleen Lemieux Jeffrey Lewis Iris Mok John Pegram Mike Ryu Robert Schnekenbuhl Andrew Smith Tum Thach Anthony Venturino
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee
Jeffrey I.D. Lewis
Q. Todd Dickinson
President of AIPLA
Director of AIPLA
Patterson Belknap Webb & Tyler LLP
Laura Brutman
Andrew G. Smith
Schiff Hardin LLP
Eli Lilly and Company Limited
Richard Beem
Joseph A. Calvaruso Orrick, Herrington & Sutcliffe LLP
Beem Patent Law Firm
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee
Mary Catherine Dinunzio H Lundbeck A/S
Raymond E. Farrell Carter, DeLuca, Farrell & Schmidt, LLP
Angela Fox
Richard Goldstein
RCG Jenkins & Co.
Goldstein Patent Law
Dewayne Hughes
Kasper, Alan J.
Draeger
Sughrue, Mion PLLC
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee
Iris Mok
Kathleen Lemieux Borden Ladner Gervais LLP
Intel Mobile Communications GmbH
John B. Pegram
Peter Ruess
Fish & Richardson PC
Arnold Ruess
Mike Ryu
Robert Schnekenbuehl
Maier & Maier PLLC
DTS Intellectual Property Law Firm
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee
Tum Thach
Anthony Venturino
Safran Group
IP Practice in Europe Delegation
Novak Druce + Quigg LLP
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Agenda At-A-Glance March 10-15, 2013 Sunday 10 March 2012 London
Monday 11 March 2012 London
6.30 pm
8.30am-10am
Dinner with CIPA The Savoy Grill Savoy Hotel Strand Lonodn WC2R OEU
Breakfast meeting with IPLA Powell Gilbert 85 Fleet Street, London EC4Y 1AE 10.30-12.30pm Closed meeting with CIPA Leadership The Honourable Society of Gray’s Inn 8 south Square London WC1R 5ET 12.30-2.00pm Lunch 2.00-5.15pm CIPA Seminar
Tuesday 12 March 2012 Paris DEPART: London St Pancras Train No 9004 @ 07.01am ARRIVE: Paris Nord @ 10.17am 12-3.00pm
Wednesday 13 March 2012 Zeist DEPART: Paris Nord Train No: THA-9303 @ 06.22am ARRIVE: Schipol @ 09:24
Thursday 14 March 2012 Munich
Friday 15 March 2012 Munich
DEPART: Amsterdam 08:55am LUFTHANSA FLIGHT NO 2301
10.30-1pm
ARRIVE: Munich @ 10:25am
Seminar Patentanwaltskammer Tal 29 80331 Munich
Lunch
EPO Isar Building Erhardtstr. 27 80469 Munich
1.45-5.20pm
12.45-2.00pm
3.30-6.30pm
VIE (Dutch AIPPI) Seminar
Lunch
3-6pm
CNCPI 13 rue de Quatre Septembre 75002 Paris
6.30pm
2-5.30pm
Dinner with VIE
EPO Senior Leadership Meeting
EPI Meeting Four Points Schwanthalerstrasse 111 Munich 80339
7pm
7pm
Informal dinner La Vecchia Masseria Mathildenstrasse 3 80336 Munich
Spatenhaus an der Oper Residenzstraße 12 80333 Munich
APRAM Jones Day 2 rue Saint-Florentin 76001 Paris
12.45-1.45pm
6.30pm Dinner with CNCPI
5.30-8pm Drinks Reception 8pm
1-2.45pm Patentanwaltskammer Lunch
Informal Dinner with CIPA Kingsway Hall Hotel 66 Great Queen Street London WC2B 5BX 020 7309 0909
Mercure Paris Tour Eiffel 20 rue Jean Rey Paris 75 +33 8/258 01717
Hotel Theater Figi Het Rond 2 3701 HS Zeist + 31 (0) 30 692 75 50
Courtyard by Marriott Munich City Centre Schwanthalerstrasse 37 Munich +49 89 54884880
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Airport and Station Information •
London Heathrow o General Airport information Heathrow Airport o Distance from Hotel – 18 miles o Airport Transportation Options Taxi – 50 minutes Subway – 50 minutes (Piccadilly Line to Holborn) London Tube map London journey planner Train – Heathrow Express (15 minutes) Heathrow Express
•
St Pancras International Railway Station o General Railway Information St Pancras o Distance from Hotel 1.4 miles Taxi - – approx 10 mins in taxi Subway – approx 10 minutes on Piccadilly Line from Holborn London Tube map London journey planner
•
Paris Nord o General Railway Information Paris Nord o Distance from Hotel 7.6km o Airport Transportation Options Taxi – 22 mins depending on traffic Subway/Train –approx 30 minutes on RER B + C, Gare du Nord to Champ de Mars-Tour Eiffel Directions
•
Schipol (train station and Airport) o General Airport Information Schiphol o Distance from Hotel 62 km o Transportation arranged
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee •
Munich o General Airport Information Munich Airport o Distance from Hotel 40km Taxi – approx 35 mins Train approx 50 mins Munich Trains Munich Journey Planner
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Hotel Information March 10-15, 2013 Date(s)
Hotel Information (English)
10-12 March
Kingsway Hall Hotel 66 Great Queen Street Covent Garden London WC2B 5BX Telephone: +44 (0)207 309 0909 Fax: +44 (0)207 309 9696 Kingsway Hall Hotel
12-13 March
Mercure Paris Centre Tour Eiffel 20 rue Jean Rey 75015 Paris Telephone: +33 8/258 01717 Fax: +33 1/45789142 Mercure Paris
13-14 March
Hotel Theater Figi Het Rond 2 3701 HS Zeist Telephone: +31(0) 30 692 75 50 Fax: +31 (0) 30 692 75 55 Hotel Figi
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Hotel Information March 10-15, 2013
14-16 March
Courtyard by Marriott Munich City Centre Schwanthalerstrasse 37 · Munich Telephone: +49-89-54884880 Fax: +49-89-5488488333 Courtyard by Marriott Munich
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Kingsway Hall Hotel
March 10-11, 2013 Directions from Heathrow: 1. Taxi from Heathrow to Kingsway Hall Hotel approximately 50 minutes 2. Heathrow Express (trains leaving every 15 minutes) taking 15 minutes to Paddington Station then either taxi taking approximately 15 minutes or underground 20 minutes – walk to Lancaster Gate Underground Stations (8 minutes) take Central Line towards Epping exit at Holborn the walk to Great Queen Street (4 minutes). https://www.heathrowexpress.com/tickets-deals
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Mercure Paris Centre Tour Eiffel
March 12-13, 2013 Directions from Gare du Nord 1.
RER B Train towards Cite Universitaire to Saint-Michel-Notre-Dame ((2 stops). RER C Train towards Versailles-Chateau/Saint-Quentin/ChavilleVelizy/Pontoise to Champ de Mars-Tour Eiffel (4 stops). Walk to Mercure Paris Centre Tour Eiffel (210 m, 3 mins). http://www.ratp.fr/en/ratp/r_61584/buy-your-tickets/
2.
Taxi – approx 20-25 minutes
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Hotel Theater Figi
March 13-14, 2013 Pick up from Schipol Airport Station by bus and transferred to hotel.
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Courtyard by Marriott Munich City Centre
March 14-16, 2012 Directions from Munich Airport 1.
By taxi 35-45 minutes
2.
By train – from Munchen Flughafen Terminal, S1 or S8 commuter train Munchen Hauptbahnhof 40-45 minutes. Walk to hotel is 550 m, 7 minutes http://www.mvv-muenchen.de/en/tickets-fares/index.html
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Detailed Agenda Day 1 Sunday, March 10, 2013 • 6.30 pm Dinner with CIPA o The Savoy Grill, Savoy Hotel, Strand, London WC24 OEU o Meet in Hotel Lobby at 6.00pm o Walk (10 Mins)
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 2 Monday, March 11, 2013 • Gathering Point o Hotel Lobby o 8.15 am o Walk from hotel to meeting < 1mile, 4 minutes (Map 2A, page 26) Directions to IPLA meeting
• Meeting 1 Breakfast meeting with IPLA 8.30 am to 10 am Powell Gilbert, 85 Fleet Street, EC4Y 1AE Contact Information – Tel: +44 (0)20 3040 8000 http://www.ipla.org.uk/ The Intellectual Property Lawyers' Association (previously known as the Patent Solicitors' Association) was formed in November 1982 to act as a centralised voice for those law firms in England and Wales with significant IP practices who wished to lobby for improvements to the law and practice of intellectual property law in the UK. o Agenda o o o o o o
Time
Presentation
Presenter
2 Presentations from IPLA 08.30-10.00
Interplay between AIA and litigation
Pegram
Divided infringement
Calvaruso
o Anticipated Attendees Philip Westmacott – Bristows (Chairman) Nicola Dagg - Allen & Overy Alan Johnson – Bristows Ian Starr - D Young & Co Adam Cooke - DLA Piper Zoe Butler - Powell Gilbert IP Practice in Europe Delegation
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March 10-15, 2013
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee
Tim Powell - Powell Gilbert Richard Willoughby - Rouse & Co A N Other - Rouse & Co Ernest Schneider - Schneider Page Rowan Freeland - Simmons & Simmons Susie Middlemiss - Slaughter and May Christopher Thornham - Taylor Wessing
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 2 Monday, March 11, 2013 • Meeting 2 o CIPA Seminar o 10.30 am – 5.30 pm (including lunch) o The Honourable Society of Gray’s Inn, 8 South Street, London WC1R 8ET Walk < 1 mile approximately 10 mins (see Map 2B, page 26) Directions o Contact Information – Tel +44 (0)20 7405 9450 o CIPA o The Chartered Institute of Patent Attorneys was founded in 1882, it is the professional and examining body for patent attorneys in the UK. o Agenda (see also CIPA’s version of the agenda on next page) Time
Presentation
10.30-12.30
Closed meeting with CIPA Leadership
12.30 – 14.00
Lunch
Presenter
AIA
Kasper
Interplay between AIA and litigation
Pegram
Divided Infringement
Calvaruso
Federal Circuit Updates
Brutman and Venturino
Global Dossier
Venturino
14.00-17.15
17.30-20.00
Drinks Reception
20.00
Informal Dinner with CIPA
o Anticipated Attendees Chris Mercer – President IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Meeting of AIPLA and CIPA 10/11 March 2013 PROGRAMME Monday 11 March 2013 Venue:
The Honourable Society of Gray’s Inn, 8 South Square, London, WC1R 5ET
10.30 - 12.30
Closed meeting
The Bingham Room, Gray’s Inn
10.30 – 10.40
Welcome and Introductions
10.40 – 10.50
Updates on Institute activities
10.50 – 12.20
Discussion of topics of mutual interest • Unitary Patent (Bob Ackroyd) • The UPC (David Clark, Appleyard Lees) • Tegernsee (Jim Boff & Ravi Srinivasan)
11.30 11.40
Coffee break
12.20 – 12.30
Closing remarks
12.30 – 14.00
Buffet lunch
14.00 – 17.30
CPD Seminar: Update on US IP Law & Practice Chairman: Bob Ackroyd
(Bob Ackroyd)
The Large Pension Room, Gray’s Inn The Bingham Room, Gray’s Inn
14.00 – 14.10 Introduction 14.10 – 15.30 Topics presented by the AIPLA • AIA – Recent Developments (Alan Kasper) • Interplay between AIA and litigation (John Pegram) • Divided Infringement (Joseph Calvaruso) 15.30 – 16.00 Tea break 16.00 – 17.15 Topics presented by the AIPLA • •
Federal Circuit updates (Laura Brutman and Anthony Venturino) Global Dossier (Anthony Venturino)
17.15 – 17.30 Discussion 20.0 – 20.00
Reception, open to all CIPA members 20.00 onwards
IP Practice in Europe Delegation
The Large Pension Room, Gray’s Inn
Informal eating/drinking/socialising as desired. Page 25 of 47
March 10-15, 2013
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 2 Monday, March 11, 2013 Map 2A – Hotel to IPLA
Map 2B – IPLA to CIPA
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 3 Tuesday, March 12, 2013 • Gathering Point o Hotel lobby o 06:00am o Taxi to St Pancras – approx 15 mins + 30 mins Check-in •
Transportation Paris Nord to Hotel o Hotel: Mercure Paris Centre Tour Eiffel, 20 rue Jean Rey, 75015 Paris o Taxi (approx 25 mins depending on traffic) o Metro (30 mins) – RER B train towards Cite Universitaire (6 mins 2 stops) exit Saint-Michel – Notre Dame (2 mins) RER C train towards Versailles – Chateau/ Saint Quentin (11 mins 4 stops) ext Champ de Mars – Tour Eiffel, walk to hotel (3 mins) o Map (see Map 3A, page 31)
• Gathering Point Hotel lobby 12:30 Taxi : approx 10 minutes depending on traffic Metro 20 mins – Walk to Champ de Mars (4 mins). RER C train towards Versailles – Chantiers/Etampes/Dourdan/Massy (4 mins 2 stops), walk to Invalides (3 mins) M8 subway toard Cretail – Pointe du lac (2 mins 1 stop) Concorde walk to Rue Saint-Florentin (2 mins) o Directions to APRAM meeting from Hotel (see Map 3B, page 31)
o o o o
• Meeting 1 o o o o o o
APRAM (French Trade Mark Association) Seminar 1 pm to 3 pm Jones Day, 2 rue Saint-Florentin, 76001 Paris Tel +33 1 56 59 39 39 IPLA Founded in 1978, APRAM (Association of Trade Mark and Design Law Practitioners) is an international French-speaking association comprising leading trade mark and design practitioners. Its
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee members include in-house lawyers, attorneys-at-law, as well as trade mark and design attorneys o Agenda (see also APRAM’s version of the agenda on next page)
Day 3 Tuesday, March 12, 2013 Time
Presentation
Presenter
2 Presentations from APRAM 12.00 – 15.00
Top trademark cases of the year
Venturino and Lemieux
Colour trademarks
Calvaruso
o Anticipated Attendees Mr Bertrand Geoffray – President
IP Practice in Europe Delegation
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March 10-15, 2013
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee
Joint meeting APRAM/AIPLA
Paris, March 12, 2013 Cabinet Jones Day – 2 Rue Saint Florentin - Paris - 12.00 – 12.10 : Welcoming the AIPLA delegation -
- Top trademark cases of the year
o 12.10 - 12.50 – In the USA – Anthony Venturino and Kathleen Lemieux o 12.50 – 13.30 – In Europe and in France – Tanguy de Haan and Xavier Buffet Delmas d’Autane o 13.30 - 13.45 - Questions
- Color Trademarks
o 13.45 – 14.10 – In the USA - Joseph Calvaruso o 14.10 - 14.35 – In Europe and in France - Marianne Schaffner o 14.35 - 14.50 – Questions
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 3 Tuesday, March 12, 2013 • Meeting 2 o CNCPI (French Patent Attorney Association) Seminar 3.30 pm to 6.30 pm o 13 rue du Quatre Septembre, 75002 Paris Metro 13 mins – Walk to Concorde Metro (2 mins), take M8 Subway towards Creteil – Pointe du Lac (4mins) 3 stops exit at Richelieu – Drouot, walk to destination (5 minutes) o Map (see Map 3C, page 32) o Founded in 1990, is the unique professional association representing French Patent and/or Trademark Attorneys, the privileged interface between the Profession and the Public, with proactive proposals concerning IP matters which guarantees competence, independence and morality. o +33 1 53 21 90 89 o CNCPI o Agenda Time
Presentation
Presenter
3 Presentations from CNCPI Apple-Samsung litigation
Hughes
AIA
Kasper
Interplay between AIA and Litigation
Pegram
15.30 – 18.30
18.30
Dinner with CNCPI
o Anticipated Attendees Alain Michelet – President Director of Strategy and International Matters INPI
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 3 Tuesday, March 12, 2013 Map 3A – Paris Nord to Hotel
Map 3B – Hotel to APRAM
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 3 Tuesday, March 12, 2013 Map 3C – APRAM to CNCPI
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 4 Wednesday, March 13, 2013 • Gathering Point o o o o o
Hotel lobby 5.30am Taxi Map to Paris Nord from hotel Private bus from Schipol to Zeist – look out for driver with AIPPI sign who will pick you up
• Meeting 1 VIE (Dutch AIPPI) Seminar 12.45 am to 5.20 pm (including lunch) Location: Hotel Theater Figi, Het Rond 2, 3701 HS Zeist 0343 575 397 AIPPI The "Vereniging voor Intellectuele Eigendom" (Association for Intellectual Property, "VIE", formerly Association for Industrial Property) is the Dutch group of the AIPPI (International Association for the Protection of Intellectual Property). The objective of the AIPPI is to promote the national and international protection of intellectual property. o Agenda (see also VIE’s version of the agenda on page 35) o o o o o o
Time
Presentation
12.45-1.45
Lunch
12.45-1.45
Separate meeting between AIPLA leadership and Dutch Patent Office officials
Presenter
Patentable subject matter
Farrell
Trade secrets
Calvaruso
1.45-5.20
Presentations by VIE (see agenda on page 35)
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee 6.30
Dinner with VIE
o Anticipated Attendees Drs Koen M L Bijvank - Chairman Derk-Jan de Groot - Manager of the Patent Department, NL Patent Office Jeoen Meewisse – Unit-Manager of the Examination Department Marc van der Burg – Legal Advisor
• Dinner
Dinner with VIE 18.30 Slot Zeist, Zinzendorflaan 1, 3703 CE Zeist Tel: (030) 69 27 528
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Program Zeist 13 March 2013 9.30 10.00
Reception Opening by the chair – Drs Koen Bijvank, Vereenigde
10.05 - 10.35 The legal framework of prohibition of downloading – Prof. Dr. Bernt Hugenholtz, University of Amsterdam 10.35 - 11.20 Business models on the internet – Niels Aalberts, Friendly Fire B.V. 11.25 - 11.45 Coffee break 11.45 - 12.30 Cross border jurisdiction in IP cases – Mr. Richard Ebbink, Brinkhof 12.30 - 12.45 Presenting of the VIE-award Jury: chair Mr. Josine Fasseur-Van Santen, Court of Appeals, The Hague, Prof. Mr. Charles Gielen, Nauta Dutilh and University of Groningen, Dr. Jeroen den Hartog, Hoyng Monégier 12.45 - 13.45 Lunch 13.45 - 14.30 How to successfully license IP portfolios – Ir. Joost Bekkers, Philips Intellectual Property & Standards 14.30 - 15.00 Coffee break 15.00 - 17.00 Session I (joint program with AIPPI US division of AIPLA) Chair Drs Koen Bijvank, Vereenigde Topic 1: patentable subject-matter Speaker I Raymond E Farrell, Carter DeLuca, Farrell & Schmidt Speaker II Mr Francisco Fernandez y Branas, European Patent Office Topic 2: trade secrets Speaker I Joseph Calvaruso, Orrick, Herrington & Sutcliffe LLP Speaker II Mr. Wouter Pors, Bird & Bird Session II (debate): The national trademark Chair Mr. Peter Blok, District Court, The Hague Debater I Mr. Josine van den Berg, Klos Morel Vos Schaap & Schaap Debater II Mr. Ilja Morée, De Brauw Blackstone Westbroek Session III (debate): Slavish imitation Chair Mr. Tanja Tanja-Van den Broek, Court of Appeals, The Hague Debater I Mr. Annemarie Verschuur, Nauta Dutilh Debater II Mr. Arvid van Oorschot, Freshfields Bruckhaus Deringer 17.00-17.20 Plenary summary of the debates 17.20
Closing followed by drinks
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 5 Thursday, March 14, 2013 • Gathering Point o Hotel lobby o 06.30 o Private bus (leaving 07.00 sharp) to Schipol Airport to connect with Lufthansa Flight no. 2301 to Munich
• Transportation Munich Airport to Hotel o Hotel: Courtyard by Marriot Munich City Centre, o o
o o
Schwanthalertrasse 37, Munich. Taxi (approx 35 mins) Train (40 mins) – take S1 Commuter train towards Herrschiing (41 mins 14 stops) exit at Munchen Hbf (tief), walk to Schwanthalerstrabe 37 (7 mins .5km) Map and Directions Map Station to Hotel (see Map 5A on page 39)
• Gathering Point o Hotel lobby o 12:00 o Subway (approx 15 mins) – walk to Hauptbahnhof (5 mins) take U2 subway towards Messestadt Ost (3 mins 2 Stops) exit at Fraunhofestraße walk to Erhardstraße (8 mins) (see Map 5B, page 39) o Map and Directions
• Lunch o o o o o
EPO EPO Lunch 12.45-1 pm to 2 pm Isar Building, Erhardtstr. 27, 80469 Munich Tel. +49 (0)89 2399-0 EPO
• Meeting 1 o EPO Senior Leadership meeting o 2 pm to 5.30 pm IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee o The European Patent Organisation is an intergovernmental organization that was set upon 7 October 1977 on the basis of the European Patent Convention (EPC) signed in Munich in 1973. It has two bodies, the European Patent Office and the Administrative Council, which supervises the Office’s activities. o Agenda Time
Presentation
2-5.30pm
TBC
Presenter
o Anticipated Attendees Ms Sylvie A Strobel – Lawyer, International Legal Affairs, PCT | Dir. 5.2.2 Mr Raimund Lutz – Vice-President Legal/International Affairs
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 5 Thursday, March 14, 2013 • Informal Dinner o La Vecchia Masseria, Mathildenstrasse 3, 80336 Munich o Tel: +49 (0)89-550 90 90 o La Vecchia Masseria
• Gathering Point o Hotel lobby o 6.45pm o Walk 7 mins (see Map 5C, page 40)
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 5 Thursday, March 14, 2013 Map 5A – Munchen Hbf (tief) to Hotel
Map 5B – Hotel to EPO, Isar Building
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 5 Thursday, March 14, 2013 Map 5C – Hotel to La Vecchia Masseria This image cannot currently be displayed.
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March 10-15, 2013
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 6 Friday, March 15, 2013 • Gathering Point o Meet in hotel lobby o 10.00am o Walk to Munchen Hbf (tief) (7 mins) S8 Commuter train toward Munchen Flughafen Terminal (5 mins, 3 stops) Walk to Patentanwaltskammer (4 mins) (see Map 6A, page 45)
• Meeting 1 o PATENTANWALTSKAMMER (German Patent and Trade Mark Associations) Seminar o Tal 29, 80331 Munich o 10.30 am to 1 pm o Tal 29, 80331 Munich o Tel. +43 1 523 43 82 o PATENTANWALTSKAMMER o Representing the interests of German Patent Attorneys on the national and international level. o Agenda Time
Presentation
Presenter
3 Presentations from Patentanwaltskammer AIA
Kasper
Divided Infringement
Calvaruso
Federal Circuit Updates
Brutman and Venturino
10.30 – 13.00
13.00 – 14.45
Lunch
o Anticipated Attendees Dr Brigitte Böhm – Chair IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee • Lunch o o o o o
Lunch with Patentanwaltskammer 13:00 Spatenhaus an der Oper, Residenzstraße 12, 80333 Munich Tel: +49 89 290 706-0 Head northwest on Tal towards Serneckerstrasse, turn right onto Sparkassenstrasse, turn left toward Marienplatz, turn right onto Marienplatz, continue onto Dienerstrasse, continue onto Residenzstrasse. Destination on the left, 10 minutes. (see Map 6B, page 45).
Patentanwaltskammer Körperschaft des öffentlichen Rechts
Meeting AIPLAIPAK March 15, 2013 Patentanwaltskammer, Tal 29, 80331 Munchen
10.30 am
Joint Meeting
1.
Welcome and Introductions
2.
Divided/Joint Infringement After Federal Circuit's en Bane Decision in Akamai/McKesson Cases (Speaker: Joseph A. Clavaruso)
3.
US Federal Circuit Cases of 2012-13 (Speaker: Anthony Venturino and Laura C. Brutman)
4.
Traps when filing PCT in View of European Patent Prosecution (Speaker: Detlef von Ahsen)
5.
Imminent Changes to the US Patent Law Pre-Grant Patent Practice under the AlA (Speaker: Alan J. Kasper)
1.00 p.m.
Lunch
Restaurant Spatenhaus an der Oper, Residenzstrasse 12, 80333 Munchen IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 6 Friday, March 15, 2013 • Meeting 2 o EPI Meeting o 3 pm to 6 pm o Four Points Central in Munich, Schwanthalerstrasse 111, Munich 80339 TBC o Tel. +49 89 242052 0 o EPI o The European Patent Institute is a professional body, representing registered European Patent Attorneys. Having links with many bodies in the world of intellectual property. It serves to regulate, with the EPO, the European qualifying exams. It is also responsible for maintaining high standard of professional conduct within the profession. o Agenda Time
Presentation
Presenter
3 Presentations from EPI AIA
Kasper
Interplay between AIA and litigation
Pegram
Global Dossier
Venturino
15.00 – 1800
19:00
Dinner
o Anticipated Attendees Tony Tangena – President EPI Axel Casalonga Sigmar Lampe Joao Pereira da Cruz Claude Quintelier IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee
Filippo Santi Michaela Teodorescu
• Dinner o o o o o
Dinner with EPI 19:00 Spatenhaus an der Oper, Residenzstraße 12, 80333 Munich Tel: +49 89 290 706-0 From Four Points (16 mins) walk to Munchen Hackerbrucke (7 mins) take S2 commuter train towards Munchen Ost (5 mins 3 stops) Walk to Spatenhaus an der Oper (4 mins) (see Map 6C, page 46)
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Day 6 Friday, March 15, 2013 Map 6A – Hotel to Patentanwaltskammer
Map 6B – Patentanwaltskammer to Lunch
IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Map 6C – EPI meeting to Dinner
IP Practice in Europe Delegation
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March 10-15, 2013
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee
Final Report Monday, March 10, 2013 (London) Intellectual Property Lawyers' Association (IPLA) The Delegation started the substantive portion of the trip with a meeting with IPLA. John Pegram presented on the “Interplay between AIA and Litigation,” and Joseph Calvaruso discussed Divided Infringement. Chartered Institute of Patent Attorneys (CIPA) The Delegation’s next meeting took place at The Honourable Society of Gray’s Inn with CIPA. The meeting started with a closed morning meeting with CIPA leadership. Robert Ackroyd, chair of the International Committee, led the meeting. Also present was Chris Mercer, current President of CIPA. Alastair Poore, former CIPA President, provided an update on the Institute’s activities, including regulation in the profession, representation on the Unitary Patent and Unified Patent Court, and the IP translator decision handed down from the Court of Justice of the European Union. Robert Ackroyd presented on the Unitary Patent. There was some discussion of the yet to be finalized payments to national offices – 50% taken by the EPO and the remaining percentage distributed to national offices based upon a key after deduction of EPO costs for administration. There is a concern regarding the potential impact on cost to the user. Jeffery Lewis, AIPLA President, indicated that AIPLA may not want to provide comments on the proposed finances directly, but rather through organizations such as CIPA. David Clark gave a presentation on the Unified Patent Court (EPC). Jeffery Lewis highlighted a concern with the standards for privilege which could be applied under the UPC. The current standard has a narrow definition. Brussels I Regulation would need to be amended, and as a result the removal of article numbers 6-8, may not have the desired effect of removing the Court of Justice of the European Union from the framework. No states have ratified yet, and Brussels I Regulation may well slow up the ratification process. Jim Boff and Ravi Srinivasan then spoke about Tegernsee. Grace period: Reservations include a lack of consistency with the United States as to what would be an acceptable grace period. The EPC would need to be changed in order to implement grace period, and this may well bring about unintended consequences. CIPA is generally against anti-self-collision. 18-month publication: Everyone agreed this should be mandatory. Belgium does not have a mandatory publication at 18 months. There is a possibility that this might cause a problem for the Unitary Patent. This might arise through submarine patents filed in Belgium. IP Practice in Europe Delegation Page 47 of 47 March 10-15, 2013
American Intellectual Property Law Association Intellectual Property Practice in Europe Committee With a requirement that all claims are the same for Unified Patent, this submarine could knock out the entire patent. While the morning session was a closed meeting, the afternoon session was open to all CIPA members interested in attending presentations by our Delegates. Alan Kasper started the AIPLA presentations with a discussion of the America Invents Act. John Pegram followed by presenting on the “Interplay between AIA and Litigation.” Joseph Calvaruso then presented on Divided Infringement. Laura Brutman and Anthony Venturino gave a joint presentation on Federal Circuit Updates. Lastly, Anthony Venturino presented on the Global Dossier.
Tuesday, March 11, 2013 (Paris) Compagnie Nationale des Conseils en Propriété Industrielle (CNCPI) (National Company of the Patent Attorneys) The Delegation was scheduled to travel on an early-morning train to Paris to meet with CNCPI. Unfortunately, due to a heavy snow storm in France, the trains were not running. The meeting with CNCPI therefore had to be cancelled. Association des Praticiens du Droit des Marques et des Modèles (APRAM) (Association of Practitioners and Trademark Law Models) The Delegation’s afternoon meeting of the day was supposed to be with APRAM. Again, due to the snow storm, this meeting had to be cancelled. The Delegation instead flew straight from London to Amsterdam.
Wednesday, March 12, 2013 (Zeist) VIE (Dutch AIPPI) VIE was having their annual meeting. There were more than 300 attendees, including officials from the Netherlands Patent Office and judges. Raymond Farrell Presented on Patentable Subject matter. Joseph Calvaruso presented on Trade Secrets. Executive Director Q. Todd Dickinson, AIPLA President Jeffrey Lewis, and Alan Kasper broke off from the rest of the delegation to meet privately with Dr Koen M L Bijvank (Chairman of VIE), Derk-Jan de Groot (Manager of the Patent Department, NL Patent Office), Jeoen Meewisse (Unit-Manager of the Examination Department), and Marc van der Burg (Legal Advisor).
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Thursday, March 13, 2013 (Munich) European Patent Office (EPO) The Delegation was met by Raimund Lutz, Vice President, Directorate-Legal/International Affairs. Mr. Lutz brought us to Le Fleuron in the Isar Building to enjoy lunch with EPO officials. Following lunch, we conducted a substantive meeting chaired by Raimund Lutz. Also in attendance were Margot Fröhlinger (Principal Director, Patent Law and Multilateral Affairs), Wim van der Eijk (President of the Board of Appeals), Heli Pihlajamaa (Director Patent Law), Sylvie Strobel (International Legal Affairs), Camille-Rémy Bogliolo (International Legal Affairs), Panagiotos Rigopoulos (International Legal Affairs, PCT), Piotr Wierzejewski (Administrator Patent Procedures Management) and Nelson Das Neves (Project Coordinator Int. Organizations, Trilateral and IP5). Wim van der Eijk, President of the Board of Appeals, reported on developments within the Board of Appeals. There are 27 technical boards. Last year 2,600 cases were filed and 2,000 decided. There is a backlog of 7,000 cases, up 8% from the previous year. A decision is reached in 60% of ex partes cases and 70% of inter partes cases. Inter partes cases have a 32-month average pendency, and ex partes cases have an average of 30-month pendency. The pendency rates are increasing due to an increase in volume. The biotech field has a longer pendency on average. There has been an increase in electrical cases. Wim van der Eijk envisions improving the efficiency of the case management of the Board of Appeals, and adding two new boards in the field of electricity. There is a possibility of partial reimbursement of the appeal fee if the appellant withdraws prior to the oral proceedings; this would be accompanied by an increase in the appeal fee, subject to online consultation. Petitions for review are also considered in the case of a substantial procedural violation currently at 20 cases a year. There are recent publications of cases from the Board of Appeals regarding the strictness for admissibility of late filed submissions. The enlarged board last year issued one decision, and it has three cases pending. Sylvie Strobel, International Legal Affairs, discussed “Substantive Patent Law Harmonization: Tegernsee Process Update.” A user consultation/Tegernsee Joint Questionnaire was distributed. There were between 50 and 70 respondents, depending on the questionnaire section. The EPO expects to conclude its analysis of the questionnaire by the end of March or beginning of April, however, there is no time limit for the publication of the results. Many users thought a limited safety net should be within a harmonization package. This would need to be accompanied by a true first to file system and mandatory 18-month publication. The EPO sees a willingness to shift towards greater harmonization by each of the members of the Tegernsee group, the US and Japan. The EPO views its role in harmonization as that of a facilitator, with its mandate being fact finding. Camille-Rémy Bogliolo, International Legal Affairs, spoke about “Strengthening the PCT: Objectives of the EPO.” 55% of users choose the PCT process rather than the Paris Convention route. The EPO plans to review Rule 164 EPC. John Pegram will continue to work as a liaison with AIPLA through the PCT committee and provide specific feedback via the liaison council.
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Panagiotos Rigopoulos, International Legal Affairs, PCT, gave a status report on Patent Prosecution Highway (PPH). Only small clusters in the biotech field using PPH. There are concerns with the complexity of PPH with different systems. Perhaps there should be a move towards harmonization across the various bilateral and trilateral agreements. The EPO has proposed an all-inclusive PPH pilot program across the current providers. It is hoped that this will lead to further harmonization and adoption by other offices. AIPLA may want to survey members on their experiences with PPH and provide that feedback to the EPO. Margot Fröhlinger, Principal Director, Patent Law and Multilateral Affairs, discussed Unitary Patent Protection (UPP) and the Unified Patent Court (UPC). The ratification process is likely to take at least until the end of 2014 or the beginning of 2015. There will be a publication of the current draft by the middle of the year. There is a need to determine the judges. There are also considerations as to the loser pays process and caps on legal costs. AIPLA commented that it has concerns about costs and the expertise of judges in the local and regional courts; there are further concerns with respect to privilege. Concern with privilege is not understood by Margot citing that prosecution is still done by the EPO. In Europe there is privilege for patent attorneys, but not for in-house counsel. For the UPC there is a lack of harmonization in the member states for privilege. The issue will have to be solved on an international level. Heli Pihlajamaa, Director Patent Law, discussed divisional applications. Seen internally 3.7% in 2009 and in 2013 we had double the number. There has however been a reduction it he number of multiple divisionals. The user consultation started last week until April containing 6 questions looking to highlight positive and negative comments including other new measures to improve the situation. Piotr Wierzejewski, Administrator Patent Procedures Management, discussed recent and future developments of the EPO’s business services. There is a launch of mailbox and My Files. Paper copies will not be sent in parallel. Videoconference to be an option for oral proceedings, and email will be a platform for exchanging documents. Common citation documents currently available on the trilateral website and will soon be available on the IP5 website.
Friday, March 15, 2013 (Munich) Patentanwaltskammer (Chamber of Patent Attorneys) The Delegation began its second day in Munich by meeting with Patentanwaltskammer. In attendance were Dr. Brigitte Böhm (President), Detlef von Ahsen (board member), Dr. Dieter Laufhuette (board member), Dr. Wolfram Mueller (board member), Dr. Eugen Popp (board member), Dr. Ursula Wittenzellner (Chief Executive), Susanne Wagner (Managing Director), and Dr. Sabine Boksanyi (Managing Director). After a welcome and introductions, the Delegation made presentations. Joseph Calvaruso started by presenting on Divided Infringement. Laura Brutman and Anthony Venturino presented on Federal Circuit Updates. Alan Kasper then concluded by presenting on “Imminent Changes to the US Patent Law Pre-Grant Patent Practice under the AIA.” IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Patentanwaltskammer board member Detlef von Ahsen presented on “Traps when filing PCT in View of European Patent Prosecution.” Patentanwaltskammer would like to continue the tradition of these meetings. They expect the UPC to be up and running in 2015-16.
The Institute of Professional Representatives before the European Patent Office, or European Patent Institute (epi) The Delegation’s afternoon meeting and last meeting of the week, was with epi. In attendance were Axel Casalonga (Chairman Litigation Committee), Sigmar Lampe, Joao Pereira da Cruz, Claude Quintelier, Filippo Santi (Harmonization Committee), and Michaela Teodorescu (Vice President). Tony Tangena (President) was supposed to attend, but he fell ill. epi members gave presentation on various topics. Filippo Santi, Member of the Harmonization Committee (HC), presented on “epi Harmonization Committee’s Position Paper relating to Tegernsee Studies.” epi currently has a draft position on a response for the Tegernsee consultation. epi’s HC is composed of seven people, and the Position Paper does not reflect the positions of epi as a whole. However, the HC did consult with national committees. Grace Period: The epi HC has a negative position on grace period because of legal uncertainty if a US-like grace period is introduced. The US grace period does not provide the public with the ability to assess the similarity of the public disclosure with what is filed. The priority right is broader than that applied strictly by the EPO. Conclusion is to consider the grace period as a safety net, and investments by a third party should be protected. The term should be six months from a priority date, a declaration should be mandatory, and wrongful publication of an application by a patent office should also be included. Third party rights should be mandatory. 18-month publication: The epi HC’s position is 18-month publication should be applied worldwide. Unpublished applications create legal uncertainty. Offices should be encouraged to cooperate in providing search reports; however, this should not be a reason to delay publication. Conflicting Applications: The epi HC is against anti-self-collision. The HC agrees with the current approach as to conflicting applications with the assessment being a novelty only basis. Further, conflicting PCT applications should form part of the secret prior art with the same effect as an EP application, consistent with the US position. Prior user rights: This is rarely used because the requirements differ from state to state. The epi HC’s position is that positions should continue to be assessed on a state-by-state basis. Todd and Jeff presented the position of AIPLA as being put forward to the USPTO in the Tegernsee consultation. IP Practice in Europe Delegation
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American Intellectual Property Law Association Intellectual Property Practice in Europe Committee Mihaela Teodorescu, epi Vice-President, discussed the Unitary Patent and the European Patent with Unitary Effect. The main hurdles are the legal actions by Spain and Italy before the CJEU, setting offices, and setting up the UPC. Axel Casalonga, Chairman Litigation Committee, presented on aspects of the UPC and Rules of Procedure. If infringement occurs within the territory of three or more regional divisions, the defendant can decide to have the case heard at the central division. There will be written proceedings, interim proceedings, and then an oral hearing within one year. In written proceedings, there would be one statement, one reply, one defense, and one rejoinder all within seven months. The court fees will be similar to the EPO fees, however, there is a fixed amount paid at the time of filing and later a value based amount if the value exceeds a limit. We should not consider that the UPC is several courts, but instead a single court as they have the same rules of procedure. The Delegation concluded by giving three presentations. Alan Kasper started by presenting on the America Invents Act, John Pegram followed with the “Interplay between AIA and Litigation,” and Anthony Venturino finished with Global Dossier.
23004-3668 NY\51780716.1
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