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International Intellectual Property: Challenges of Cross-Border Litigation


Level: Advanced
Runtime: 91 minutes
Recorded Date: April 29, 2021
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Agenda

  • Cross-Border IP Litigation: A Survey of Issues
  • Standard Essential Patents
  • Anti-Suit Injunctions - U.S.
  • Unwilling Licensee
  • Component-Level SEP License
Runtime: 1 hour, 31 minutes
Recorded: April 29, 2021

Description

There are many legal hurdles that arise when conducting business internationally. Pursuing cross-border IP litigation for your client can often be challenging due to the discovery process, data privacy, and blocking statutes. Not only do legal restrictions on data movement pose an issue during IP litigation, logistics and linguistics play an important role too. The coordination of groups in various countries can be difficult as not all team members may speak the same native language thus complicating an already challenging process.

This seminar will provide strategies to reduce the risks and costs of cross border IP litigation while increasing the effectiveness of your e-discovery.

This program was recorded on April 29th, 2021.

Provided By

American Bar Association

Panelists

Christie S. Yun Sauer

Partner & Chair, Attorneys of Color Resource Group
Robins Kaplan LLP

An intellectual property trial lawyer with a chemistry background, Christine Yun Sauer has advised clients on IP disputes, patent office trials, and licensing monetization efforts across a vast range of technologies and industries. She represents plaintiffs and defendants ranging from individual inventors to Fortune 500 companies in district court, the PTAB, and the International Trade Commission.

Ms. Yun Sauer is particularly known for her experience in advising clients on the value of their patent portfolios in either litigation or licensing efforts. Ms. Yun Sauer is skilled at evaluating patent portfolios for their market impact and applying econometric techniques and thought in order to isolate the technology’s fair value in litigation and licensing. Ms. Yun Sauer further uses this experience to counsel clients on the development, protection, licensing, acquisition, and divestment of patents and core technology.

In addition to representing clients before the U.S. District Courts and PTAB, Ms. Yun Sauer has experience in the International Trade Commission, particularly as it relates to issues arising from international technology standards, such as licensing and FRAND. She advises her clients on how these fast-changing issues impact everything from licensing discussions to litigation strategy.

A leader within Robins Kaplan LLP, Christine serves as chair of the firm’s Racial, Ethnic, and Diversity Working Group, a member of the diversity-focused LEAD Committee, and a member of the Associate Advancement Committee.

Neil W. Netanel

Pete Kameron Professor of Law
UCLA School of Law

Neil Netanel teaches and writes in the areas of copyright, free speech, international intellectual property, and telecommunications law and policy. His recent books and book projects include Copyright's Paradox (Oxford University Press, 2008); The Development Agenda: Global Intellectual Property and Developing Countries (Neil Weinstock Netanel ed., Oxford University Press, 2008); From Maimonides to Microsoft: The Jewish Law of Copyright Since the Birth of Print (Oxford University Press, 2016); and Copyright: What Everyone Needs to Know (Oxford University Press, 2018).

Professor Netanel joined the UCLA School of Law faculty in fall 2004. Prior to joining UCLA Law, Netanel served for a decade on the faculty of the University of Texas at Austin School of Law, where he was the Arnold, White & Durkee Centennial Professor of Law. From 1980 to 1981, Netanel was Assistant to the General Counsel of the State of Israel's Environmental Protection Service. He then practiced law at Loeb and Loeb in Los Angeles (1981-84) and Yigal Arnon & Co. in Tel-Aviv (1985 to 1992).

Professor Netanel received his B.A. from Yale University (1976), J.D. from UC Berkeley Boalt Hall School of Law (1980), and J.S.D. from Stanford University (1998).

Duarte G. Henriques

Partner
BCH Lawyers

Duarte Henriques is a lawyer and arbitrator based in Lisbon - Portugal, and partner at BCH Lawyers. Since 1990, he acts both as counsel and arbitrator in several litigation and arbitrations cases related to investment disputes, banking & finance, corporate, commercial and construction disputes. He serves as sole arbitrator, chair or member of tribunals in domestic and international arbitration proceedings, and as counsel in domestic and international arbitration proceedings, both institutional and ad hoc. Duarte Henriques advises major banking and finance institutions, insurance companies, construction companies, and technology / software solution providers in litigation and arbitration disputes. Duarte Henriques specializes in Banking and Finance Law, Business & Commercial Law, Mergers and Acquisitions, Agency and Distribution, Construction, Intellectual Property, and Third Party Funding.

Duarte Henriques is listed as arbitrator in several institutions, including the VIAC, CIETAC, the HKIAC and WIPO. Duarte Henriques is a member of several international associations, including the Russian Arbitration Association, LCIA, IBA, ICC, and ICCA. Duarte Henriques is a member of the ICC Task Force on Financial Institutions and International Arbitration and of the Task Force on Third-Party Funding in International Arbitration of the International Council for Commercial Arbitration (ICCA) & Queen Mary University of London Law School – London.

He has been recently admitted to the SVAMC Tech List (Silicon Valley Arbitration and Mediation Center's 2017 List of the World’s Leading Technology Neutrals) and to the List of Specialized Arbitrators of the International Distribution Institute. Duarte Henriques authors several works regarding international arbitration.


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