AES New York 2018
Product Development Track Event PD04
Wednesday, October 17, 3:30 pm — 5:45 pm (1E09)
Product Development: PD04 - Patents and Other Key Legal TopicsPresenters:
Linda Cole, Harvard Law School - Cambridge, MA, USA
Philipp Lengeling, RafterMarsh - Brooklyn, New York, USA
Thomas Millikan, Perkins Coie LLP - San Diego, CA, USA
Heather Rafter, RafterMarsh - Portola Valley, CA, USA
Mark Rifkin, Wolf Haldenstein Adler Freeman & Herz LLP - New York, NY, USA
John Strawn, S Systems Inc. - Larkspur, CA, USA
This Legal Topics Supersession is two sessions in one covering the legal world of product development.
The first session covers the mechanics of patent lawsuits and what you can expect when you are involved, whether you are an owner, manager, engineer, or employee. We will cover the basic steps including: starting a lawsuit; proving a product infringes a patent, proving a patent is invalid, using experts to show infringement or invalidity; deposing experts and company personnel; asking the judge to end the case; limiting what information is available at trial, and trying a case. There will be a detour through the recently established procedures to challenge patents at the patent office rather than in court. The presentation will involve real-world experience, including our work in what was the largest audio patent case in US history (Lucent v. Microsoft) where the MP3 standard itself was on trial for patent infringement. We will present information on how often and at what stage cases settle, as most do. And we will share insights on how to win.
Our second session will provide an overview of legal considerations associated with product development and launch, including IP protection and licensing, certification and branding, privacy regulations (including GDPR), and sales, both direct and through resellers. The diverse panel of legal experts welcomes an interactive discussion around software and hardware development, data collection and storage, and industry practice and pitfalls.