In Case You Hadn’t Heard…I Went to the ABA IP Section Spring Conference
April 10, 2014
Last week I attended the ABA’s IP Section Spring Conference in Arlington, VA. This was my first time attending an ABA event and I had a great time. I learned a lot about IP law, met some very friendly people and was able to catch up with some former colleagues and clients.
Here are some of my highlights from the conference:
- Judge Randall Rader, Chief Judge of the U.S. Court of Appeals for the Federal Circuit was one of the panelists for a session about patent damages. Having worked on patent damage cases for many years, I was particularly interested to hear him speak. The topics that he touched on included:
- Focusing damages on the value of the patented feature (particularly when the feature is a small part or component of a larger device or product);
- The use, misuse and potential end of the road for the Georgia-Pacific factors;
- The Entire Market Value Exception (it is not the rule, Judge Rader explained), and
- The need for rigorous damage analyses given the size of the awards being sought in today’s patent infringement cases.
- The increasing importance of social media as both an intellectual property issue and a discovery issue. I have not yet worked on a case that included the production of Facebook posts, Tweets or text messages but it sounds like that day is coming (and may have already arrived in some cases).
- Practice development is an issue for all professionals – lawyers and accountants alike. Here is a question to consider about your firm: do you work for a law firm that provides great service — or a services firm that provides great legal advice? (h/t to Southwest Airlines) How you answer that question may impact how you think about what you do for your clients and how you approach developing new ones.
- Since I am not an attorney, I wasn’t entirely sure how I would be received at the conference. The answer was very warmly – thanks to all for your hospitality!
What do you think? Are the Georgia Pacific factors on the way out? Is social media the next big thing in e-discovery? Is your firm a services firm that provides great legal advice? Share your thoughts in the comment box below.
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