IP Events at UIC Law: Inaugural IP Master Class Report & Upcoming Events

The AmeriKat has been somewhat preoccupied by her day job over the last few weeks, so is now starting to address her overflowing Kat-related mail tray. One such IP report was that of the virtual IP Master Class seminar held by UIC Law Center for Intellectual Property, Information, and Privacy Law on 16 April 2021. For those unable to attend the event, Adam Ernette (IP Law Fellow) summarizes the topics addressed in the session and provides a list of the upcoming UIC events to put in your calendars. Over to Adam:

"The IP Center created the IP Master Class as a comprehensive executive seminar series, addressing critical and emerging areas of IP law in a one-day intensive program. This year’s Master Class focused on four key areas of patent law practice: The International Trade Commission (ITC), the Patent Trial and Appeal Board (PTAB), U.S. District Courts, and the U.S. Court of Appeals for the Federal Circuit. Speakers included members of the judiciary as well as leading practitioners in the field of patent law.

The Featured Speaker, Hon. Kent A. Jordan, Circuit Judge for the U.S. Court of Appeals for the Third Circuit, discussed the difficulties presenting cases faced as the result of the COVID-19 pandemic, the natural tension between the Court of Appeals for the Federal Circuit and the Supreme Court, the effect of the PTAB on patent law, increased traction of the Defend Trade Secrets Act, and the impact of eBay on the availability of injunctive relief.

Bookending Judge Jordan’s session were panels filled by judges (past and present) and leading patent practitioners across each venue. The first panel discussed issues ranging from general PTAB procedure to discretionary denials, the requirements for proving printed publications and evidentiary burdens, privity and 315(b), secondary considerations, and fast track appeals. The PTAB panel also discussed programs and initiatives, such as the Motion to Amend Pilot Program and the Legal Experience and Advancement Program (LEAP).

The second panel – U.S. District Court Practice – comprised of practitioners and judges from across four key jurisdictions in patent practice: Northern District of Illinois, Delaware, Texas, and Massachusetts. They discussed the comparative differences and variation in trying patent cases, which Judge Chang (U.S. District Court for the Northern District of Illinois) described as a “feature, not a bug” while hoping that one day soon, diverse jurisdictions will have sufficiently conducted their experiments and will work toward procedural and substantive convergence. The panel also discussed important considerations regarding where to file (i.e., jurists and local rules), stay motions, local counsel considerations, early summary judgment practice, bifurcation, motions in limine, Daubert motions, Rule 50(a) motions, and jury charges.

The third panel addressed the role of the ITC in patent and trade secret law. The panel, consisting of experienced ITC practitioners and a former ITC judge, provided a background on ITC practice, § 337 investigations and highlighted the major differences and advantages from litigation in the ITC instead of the district courts. It also discussed the increase in non-patent cases in recent years.

The Master Class rounded out with a panel on the Court of Appeals for the Federal Circuit, which discussed topics such as damages, the difficulties and advantages of remote arguments, the move to streaming arguments on YouTube, and the steps implemented meant to encourage young lawyers to argue cases before the panel. Among the speakers was Judge Kimberly Moore, the court’s incoming Chief Judge.

The program for the Master Class can be found here.

Future events hosted by UIC Law Center for Intellectual Property, Information, and Privacy Law (details will be up on the IPKat):

• 12th Annual Ethics in the Practice of IP Law Seminar – Friday, June 4 (to register click here - the first ten readers to register using the discount code “ipkat2021” will receive a 20% discount off the CLE registration fee).  
• Thinking About IP and ADR Internationally: What Every Lawyer and Corporate Counsel Should Know – Thursday, August 19
• IP, Privacy and Technology Corporate Counsel Conference – Friday, September 17
• International IP Practice Seminar – Friday, October 8
• IP Center Alumni & Friends Virtual Reception – Friday, October 29
• 65th Annual IP Law Conference – Thursday and Friday, November 4 - 5

For more information, please contact Adam Ernette (aernette@uic.edu)."