Enforcement of FRAND Patents

Tony Pezzano
Tony Pezzano | Offit Kurman, Attorneys At Law

Tony Pezzano is a Principal in the New York Offices of Offit Kurman. Tony has successfully tried numerous cases in federal district courts and the ITC involving technology innovation across a diverse range of industries.

On-Demand: June 8, 2023
Enforcement of FRAND Patents

$95.00 1 hour CLE

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Program Summary

The political pendulum has swung back and forth over the last three presidential administrations when it comes to each administration’s policy relating to the enforcement of FRAND-encumbered standard essential patents (SEPs). The importance of the policy relating to the enforcement of FRAND-encumbered SEPs moving forward cannot be overstated, as it is essential to ensure that strong intellectual property rights do not hinder the incentive for innovation, but instead facilitate it. Join Offit Kurman’s Tony Pezzano as he discusses the current status of controlling precedent in the Federal Circuit and ITC Section 337 case authority relating to the enforcement of FRAND-Encumbered SEPs and two proposals – one for the ITC and the other for Federal District Courts – involving the enforcement of FRAND-Encumbered SEPs. In a separate topic, Tony will also address the best strategies to defend companies against patent trolls in the Federal District Courts and ITC Section 337 Investigations.

Key topics to be discussed:

  • The Political Pendulum Relating to The Enforcement Of FRAND-Encumbered Standard Essential Patents
  • Strategies For Defending Companies Against Patent Trolls in The Federal District Courts and ITC Section 337 Investigations

Date: June 8, 2023

Closed-captioning available

Speakers

Tony Pezzano_Offit Kurman, Attorneys At Law_myLawCLETony Pezzano | Offit Kurman, Attorneys At Law

Tony Pezzano is a Principal in the New York Offices of Offit Kurman. Tony has successfully tried numerous cases in federal district courts and the ITC involving technology innovation across a diverse range of industries. One of Tony’s major areas of focus has been as lead counsel for brand pharmaceutical companies in over two dozen filed Hatch-Waxman cases involving antibiotic, antifungal, treatment of asthma, treatment of male pattern baldness, anti-organ transplant rejection, antiviral and anticoagulant drug products.

Another major focus has been Tony’s representation of both Complainants and Respondents in ITC Section 337 investigations involving biologics, SeaDoos/WaveRunners, wireless communication devices, including mobile phones and tablets, computer routers and Segways/hoverboards. Tony also has successfully defended companies in a variety of different industries against patent trolls and has received favorable press (e.g., IPWatchdog® (March 9, 2022)) for his creative strategies in such cases. Few attorneys, if any, can match Tony’s record of obtaining both injunctions in Hatch-Waxman cases as well as exclusion and cease and desist orders in ITC Section 337 investigations. Tony is Past President (2009) of the ITC Trial Lawyers Association.

Agenda

I. The Political Pendulum Relating to The Enforcement Of FRAND-Encumbered Standard Essential Patents | 11:00am – 11:30am

  1. Changing Policy on SEP Enforcement in The Past Three Presidential Administrations
  2. The Importance of The Policy Relating To The Enforcement Of FRAND-Encumbered SEPs Moving Forward To Facilitate And Not Hinder The Incentive For Innovation Afforded By Strong IP Rights
  3. The Current Status of Controlling Precedent In The Federal Circuit And Update On ITC Section 337 Investigation Case Authority Relating To The Enforcement Of FRAND-Encumbered SEPs
  4. Two Proposals – One for The ITC And the Other for Federal District Court Disputes Involving FRAND-Encumbered SEP Enforcement – That Embrace a Balanced Approach Considering Both Hold-up And Hold-out And Provide A Safe Harbor From Antitrust Liability

II. Strategies For Defending Companies Against Patent Trolls in The Federal District Courts and ITC Section 337 Investigations | 11:30am – 12:00pm