REGISTRATION CENTER FOR INTELLECTUAL PROPERTY LAW AND INNOVATION SYMPOSIUM The registration fee of $125 includes materials, refreshments and lunch. The program The America Invents Act: will carry 4.5 hours of Indiana CLE credit (pending approval). If you seek CLE credit in PAID Permit #803

Patent Law’s New Lease on Life U.S. POSTAGE Indianapolis, In

another state, contact that state’s continuing legal education commission. NON-PROFIT ORG.

Online registration available at: www.indylaw.indiana.edu Friday, December 2, 2011 Questions? Call Kyle Galster at 317-274-1916.

The America Invents Act (AIA), like any landmark reform measure, is the LOCATION culmination of a legislative struggle among a variety of competing interests. To The conference will be held at the IU School of Law-Indianapolis, 530 West New York Street, Indianapolis, IN 46202. effectuate the Constitutional imperative to promote the progress of the useful arts, Congress created a new system tailored to anticipate the challenges and PARKING realities of the 21st Century. Parking is available for a fee at the Gateway Garage located on the corner of Michigan Street and California Street (525 Blackford Street) or at the Natatorium The AIA fundamentally alters the patent law landscape—converting from a Garage at the corner of New York and University Blvd. fi rst-to-invent to a fi rst inventor-to-fi le system, creating new defi nitions of prior

HOTEL RECOMMENDATIONS NEAR THE LAW SCHOOL art, excluding certain subject matter as unpatentable, providing new post Courtyard Capitol (Marriott) grant challenges to patents, eliminating the best mode defense, replacing 320 N. Senate Ave interferences with derivation proceedings, expanding prior user rights, Indianapolis, IN 46202. eliminating many false marking claims, curtailing joinder, and a myriad of other Marriott reservation line at 800-321-2211 Direct number: (317) 684-7733 major alterations, both substantive and procedural. www.marriott.com With some of these changes already in effect, and others to be phased in over The University Place Conference Center the next eighteen months, these dramatic changes in patent law command the 850 West Michigan Street immediate attention of all patent system actors, including inventors, patent The America Invents Act: Indianapolis, IN 46202 (317) 269-9000 or Toll Free: 800-627-2700 practitioners, corporate IP departments, university technology transfer offi ces, Patent Law’s New Lease on Life [email protected] academics, and many others. As with any legislation, some competitors will www.universityplace.iupui.edu benefi t from aspects of the law, and some will be adversely affected. However, Keynote Address: Chief Federal Circuit Judge (Retired) Paul R. Michel

any entity affected by patent rights will need to reformulate basic elements of DISABILITY Individuals with disabilities who need special assistance, please call (317) 278-3400. their strategy and practice for R&D, patent prosecution, licensing, and patent Friday, December 2, 2011 Special arrangements can be made to accommodate most needs. litigation, a process that can only be successful if based on a sophisticated 4.5 hours of Indiana CLE credit (pending approval) understanding of the implementation and impact of the AIA.

VISIT THE IP CENTER ON THE WEB: The Center for Intellectual Property Law and Innovation has assembled a www.indylaw.indiana.edu/centers/ip/ distinguished group to analyze the AIA from a variety of perspectives, focusing on the Act’s implications for the life sciences. Speakers include a legendary patent law jurist, patent reform leaders, chief corporate patent counsel, leading practitioners and scholars, as well as the PTO’s Patent Reform Coordinator. Lawrence W. Inlow Hall 530 West New York Street Indianapolis, IN 46202 CENTER FOR INTELLECTUAL PROPERTY LAW AND INNOVATION SYMPOSIUM 4.5 hours of Indiana CLE credit (pending approval) The America Invents Act: Invents America The Life on Lease New Law’s Patent Friday, December 2, 2011 2, December Friday, Dr. Miriam Bitton is a law professor and has chaired numerous committees and divisions of Norm Hedges is partner on the for the First Circuit and then worked as an associate of litigation experience, concentrating on intellectual SCHEDULE/AGENDA KEYNOTE SPEAKER at Bar-Ilan University School of Law in that organization for more than 25 years. He is a long- Intellectual Property team at Baker & in the Issues & Appeals section of the Washington, property cases, especially patent litigation A graduate Ramat-Gan, Israel. She received her LL.B. standing member of the American Intellectual Property Law Daniels LLP. A graduate of the Purdue D.C. office of Jones Day. She also served as an adjunct of Purdue University (B.A., 1975), Schaibley graduated Association. He also served on the Executive Committee of University School of Mechanical assistant professor and Humphrey Fellow in Law and first in his law school class, summa cum laude, at 12:00–1:00 p.m. Registration and Luncheon Chief Circuit Judge (Retired) and LL.M. degrees at Bar-Ilan University Paul R. Michel was appointed to the School of Law, as well as another Master AIPPI United States, which is the U.S. group of the Association Engineering and the Indiana University Economic Policy at the John M. Olin Center for Law the IU Maurer School of Law (J.D 1981), where he 1:00 p.m. Welcome and Introduction United States Court of Appeals for the of Laws at University of Michigan Law Internationale pour la Protection de la Propriété Intellectuelle, School of Law-Bloomington, Norm and Economics, University of Michigan Law School. was Executive Editor of the Indiana Law Journal and Federal Circuit in March of 1988. After School and her S.J.D. at Michigan. A former Visiting Assistant an international association of IP professionals. practices primarily in patent procurement, litigation Her research and teaching interests include patent a member of the Moot Court Board. He was awarded Professor John R. Schaibley, III his elevation to Chief Judge in 2004, he Professor of Law at DePaul University College of Law, she avoidance, and licensing. law, health law and bioethics, Japanese law, and the Order of the Coif and the Order of Barristers and Executive Director, Center for Intellectual Property Law and Innovation served on the Judicial Conference of the was also the Microsoft Research Fellow at U.C. Berkeley Alex Forman, ‘01 is a partner in Ice law and economic analysis. Her current work focuses received three West Publishing Company Hornbook United States, and has served on its Executive Committee. School of Law and a Visiting Fellow at George Washington Miller’s Intellectual Property Group. Professor Jay P. Kesan is Professor on economic analysis of various patent law issues, Awards, four American Jurisprudence Awards, and a including the effects of patent claim construction and Corpus Juris Secundum Award for Significant Legal 1:00–1:50 p.m. Keynote Address In 2010, Chief Judge Michel stepped down from the bench University Law School. Dr. Bitton is writing and teaching in His practice encompasses all facets and H. Ross & Helen Workman Research after serving more than 22 years on the court, during which the fields of intellectual property law, law and technology, of intellectual property law with an Scholar and Director of the Program in scope on incentives and innovation. Scholarship. Professor Schaibley served as a law Streamlining, Simplifying, Speeding or Deeper into Delay, Declining he judged thousands of appeals and wrote hundreds of and property. She is the winner of the Alon Fellowship for the emphasis on information technology, Intellectual Property & Technology Law clerk at all three levels of the federal judiciary, Innovation Incentives, Excess Expense, Complexity and Uncertainty? It opinions in patent cases. Following graduation from Williams years 2009-2011 (granted by the Council of Higher Education licensing, patent, trademark and at the University of Illinois. He clerked Douglas K. Norman, ‘88 is clerking for Justice John Paul Stevens at the U.S. all Now Depends on You, the Patent Profession College in 1963 and the University of Virginia Law School in in Israel to promising junior faculty members in Israel) and the copyright portfolio management, and assisting clients for Judge Patrick Higginbotham in the Vice President and General Patent Supreme Court and for Judge Jesse E. Eschbach 1966, Judge Michel served in the executive and legislative 100,000 EUROs Marie Curie International Reintegration Grant in developing and implementing strategies that identify, Fifth Circuit Court of Appeals, and he worked as a patent Counsel for Eli Lilly and Company at both the U.S. Court of Appeals for the Seventh Chief Judge Paul Redmond Michel branches for 22 years in a variety of positions, including (bestowed by the European Union Commission). protect and enforce their intellectual property assets. attorney in the former firm of Pennie & Edmonds LLP. He in Indianapolis. He received his B.S. Circuit and the U.S. District Court for the Northern District of Indiana. His many awards include United States Court of Appeals for the Federal Circuit (Retired) Associate Deputy General and Acting Deputy General. Judge He represents clients in obtaining patent and trademark continues to be active in the area of patent litigation and in Microbiology from IU in 1981 Michel has annually been named by Managing Intellectual Professor Kevin Collins is a scholar protection in the U.S. and abroad in the fields of information he has served as a Special Master in patent lawsuits. and his J.D. cum laude from the the American College of Trial Lawyers Medal for Property magazine as one of the 50 Most Influential People and teacher of intellectual property law. technology, clean technology, renewable energy, sustainable An author of several books and articles in the area of IU School of Law – Indianapolis in 1988. His practice Excellence in Advocacy and he was recently honored 1:50–2:10 p.m. America Invents Act: Will the Nation’s Most Signifi cant Patent Act in the world in intellectual property since 2003. In 2008 he He taught at the Indiana University development, manufacturing, mechanical, life sciences, intellectual property, his academic interests and writings has included many aspects of patent law, including as one of “The Best Lawyers in America” in the Since 1790 Be a Boon to the Life Sciences? was awarded the first annual Lifetime Achievement Award Maurer School of Law in Bloomington and chemical compositions. In such representations, he are in the area of patent law, cyberlaw, entrepreneurship, procurement, licensing, and litigation. He is a member of category of Bet-the-Company Litigation for 2010. by the Richard Linn American Inn of Court, and the Sedona until, in 2010, he joined the faculty at works closely with the business management, marketing, and law and technology. He is a registered patent attorney the Board of Intellectual Property Owner’s Association, Professor Schaibley teaches Patent Litigation and Robert Armitage Conference Lifetime Achievement Award. In 2010 he received the Washington University School of legal, and research and development teams to determine and received his J.D. summa cum laude from Georgetown where he currently serves as president, and where he Intellectual Property Survey. Senior Vice President and General Counsel, Eli Lilly and Company the U.S.P.T.O’s Federico Award for “outstanding contribution Law in St. Louis. He earned his B.A. in Molecular Biophysics goals and strategies in protecting the business’s assets. University. He also has a Ph.D. in Electrical and Computer has also served as treasurer from 2008-2009 and as to the Patent and Trademark Systems of the United States and Biochemistry from Yale and his J.D. from Stanford. He Forman serves as lead counsel in the negotiation of a Engineering from the University of Texas at Austin and chair of the Amicus Committee from 2003 through 2005 Nancy G. Tinsley, ‘90 has of America”; the North American Lifetime Achievement clerked for Judge Sonia Sotomayor on the Second Circuit variety of complex intellectual property and information worked for several years as a research scientist at the IBM and as Chair of the Annual Meeting in 2006. He is also spent over 20 years representing 2:10–3:00 p.m. Panel Discussion: AIA in Perspective Award by Managing Intellectual Property Magazine; the Court of Appeals and Judge Raymond Clevenger III on the technology transactions. His experiences include dealing T.J. Watson Research Center in New York. a member of Interpat. Norman is currently Chair of the clients in litigation matters and Focus on Impact on Inventors, R&D, U.S. Global Competitiveness, Distinguished Intellectual Property Professional Award from Federal Circuit Court of Appeals. Having earned an M.Arch. with the acquisition of intellectual property assets in National Association of Manufacturer’s subcommittee has focused her practice in the Select Litigation and Prosecution Issues the Intellectual Property Owners Education Foundation; the from Columbia and worked as a project architect and lead corporate transactions and representing both vendors and Professor Gerard N. Magliocca, for Intellectual Property. He was the 2002 co-chair of area of intellectual property, career achievement award of the American Intellectual designer with Bernard Tschumi Architects, Professor Collins purchasers of information technology systems and related the Samuel R. Rosen Professor of Law, the Intellectual Property and Anti-Trust Task Force for particularly patents. Currently, Moderator: Professor Schaibley Property Law Association (AIPLA); and was one of five is also interested in the intersection of law and architecture. services. He is admitted to practice law in the state of joined the faculty of IU School of the United States Council for International Business she is Associate General Patent Counsel at Roche global figures inducted into Intellectual Asset Management Indiana and to practice before the United States Patent Law – Indianapolis following two years and served from 2002 through 2006 as the Chair of the Diagnostics where she is responsible for U.S. patent Panelists: Doug Norman, Tony Figg , Kevin Erdman, Professor Jay Kesan magazine’s Intellectual Property Hall of Fame. Kevin R. Erdman is a partner at and Trademark Office. as an associate with Covington & Intellectual Property Task Force for PhRMA. litigation. Prior to joining Roche Diagnostics in Barnes & Thornburg and a member of the Burling and one year as a clerk for 2008, Tinsley was a partner at Baker & Daniels LLP , ‘03 is the Patent , ‘77 has representing clients in intellectual property litigation 3:00–3:15 p.m. Break (Conour Atrium) firm’s Intellectual Property Department. Janet Gongola Judge Guido Calabresi on the Second Circuit. He received Charles R. Reeves ADDITIONAL SPEAKERS He concentrates his practice on Reform Coordinator at the U.S. Patent the Best New Professor Award from the student body in over 35 years of experience in all matters. She has authored many articles and spoken 3:15–4:05 p.m. Panel Discussion: AIA in Perspective information, internet and intellectual and Trademark Office (USPTO). In this 2004 and the Black Cane (Most Outstanding Professor) aspects of intellectual property law at various conferences and seminars on litigation and Robert A. Armitage joined Eli Lilly capacity, she manages all aspects of the Award in 2006. In 2007, his book on Andrew Jackson as a partner in Woodard, Emhardt, intellectual property legal issues. Focus on Implications For Various Industries & Actors, International property law, with a dual focus on and Company in 1999 and became senior patent, copyright, trademark issues and peripheral software, agency’s implementation of the America was the subject of an hour-long program on C-Span’s Moriarty, McNett & Henry LLP. Prior Perspectives, Select Litigation and Prosecution Issues vice president and general counsel privacy issues in corporate, commercial, and entrepreneurial Invents Act. She has been an Associate “Book TV.” His most recent book, The Tragedy of William to joining the firm, he received Mike Young, ‘87 holds B.A. for Eli Lilly and Company in January settings. A regular contributor to publications, he often Solicitor in the Office of the Solicitor at the USPTO where Jennings Bryan: Constitutional Law and the Politics of a B.S. in Metallurgical Engineering cum laude from and M.S. degrees from Purdue Moderator: Professor Gerald Magliocca 2003. Previously he worked as chief IP speaks on IP and information security issues. He has she provided legal advice to agency officials and defended Backlash (Yale Univ. Press) appeared earlier this year. In Purdue University and a J.D. from IU School of Law University, as well as a J.D. from Panelists: Nancy Tinsley, Chuck Reeves, Alex Forman, Dr. Miriam Bitton counsel for The Upjohn Company and as been included in The Best Lawyers in America® and Indiana decisions of the Board of Patent Appeals and Interferences the Fall of 2008, Professor Magliocca held the Fulbright- – Indianapolis, summa cum laude. He also served IU School of Law-Indianapolis. a partner in the Washington, D.C. office of Vinson & Elkins Super Lawyers numerous times. He earned his B.S. in and the Trademark Trial and Appeal Board before the U.S. Dow Distinguished Research Chair of the Roosevelt Study as judicial law clerk for the Hon. Paul H. Buchanan, Following graduation from LLP. He is a member and a past president of the American computer science from IU, and his J.D. from the University of Court of Appeals for the Federal Circuit as well as district Center in Middelburg, The Netherlands. He is also a regular Jr. on the Indiana Court of Appeals. Over the years, Purdue, he worked as a research 4:05–4:55 p.m. USTPO Implementation of the America Invents Act—The Rule Making IP Law Association and the Association of Corporate Patent Pennsylvania Law School. He has presented on internet law courts across the country. Before joining the USPTO, Gongola blogger on Concurring Opinions and Balkinization. He was Reeves has enjoyed a diverse practice concentrating chemist in the field of Medical Diagnostics and in Process, Challenges Presented, and the Impact on Applicants Counsel. He is also a past chair of the Patent Committee and privacy as a lecturer at both of IU’s law schools, as well served as a law clerk for Chief Judge Paul R. Michel at recently named Associate Dean for Research. in patent and trademark prosecution and opinion work, the field of Pharmaceuticals. He began his career of the Pharmaceutical Research and Manufacturers of as at Anderson University. Erdman is a member of TechPoint the Federal Circuit and for Chief Judge Sue L. Robinson in licensing, due diligence and other transactional work as a lawyer in 1988 at the Indianapolis Law Firm of Janet Gongola, PTO Patent Reform Coordinator America, the National Council of IP Law Associations, the IP and the IRTP Working Group of the Internet Corporation for in the U.S. District Court for the District of Delaware. She Professor Emily Morris came to IU and strategic client counseling, and in litigation work Baker & Daniels, where I practiced law in both the Committee of the National Association of Manufacturers, the Assigned Names and Numbers (ICANN). previously worked as a patent attorney, patent agent, and School of Law – Indianapolis during the in the federal courts and other venues. He has written Environmental and Intellectual Property Law fields. Fellows of the American IP Law Association, and the IP Law research chemist at Eli Lilly and Company. An officer of the summer of 2008. She teaches patent and lectured on intellectual property law matters, He then joined Boehringer Mannheim in 1990 as 4:55–5:10 p.m. Break (Conour Atrium) Section of the State Bar of Michigan. He has served as an E. Anthony (Tony) Figg, ‘73 Giles S. Rich American Inn of Court, she has served as an law, copyright law, and intellectual has served as an adjunct at both IU law schools, and Assistant Patent Counsel, and after the acquisition of adjunct professor of law at George Washington University, 5:10–6:00 p.m. Panel Discussion: AIA in Perspective is a shareholder and President of the adjunct professor at the George Mason University School property survey courses. Before joining currently teaches a course on International Intellectual Boehringer Mannheim by Roche, became Chief Patent a member of the board of directors of Human Genome Washington, D.C. firm of Rothwell, of Law and currently teaches at the George Washington the IU faculty, Professor Morris was Property Law IU School of Law – Indianapolis. Counsel in 1998. In 2006, he was promoted to Vice Sciences, Inc., and president of the board of directors of the Focus on Transition Issues, Implications for Law School Education, Figg, Ernst & Manbeck, P.C. He University Law School. A summa cum laude graduate of IU a visiting associate professor at Chicago-Kent College President & Chief Intellectual Property Counsel. He Hospice of Southwest Michigan, Inc. He has also served as a Steps Various Actors Can Take to Make Implementation Successful represents and advises clients in patent School of Law – Indianapolis, she received her B.S. degrees of Law, where she taught both Patent Law and Patent Professor John R. Schaibley, has been honored as an Indiana Super Lawyer in the member of the board of directors of both IP Owners and the litigation, procurement, reexaminations, in Chemistry and Mathematics from Muskingum University. Litigation. She earned her A.B. magna cum laude from III is the Executive Director of the field of IP law from 2005 – 2009. He has also served National Inventors Hall of Fame Foundation. He has served Moderator: Professor Emily Morris interferences, IP licensing and related matters. A graduate Harvard University and her J.D. from the University of Centerfor Intellectual Property Law as Chairman of the IP section of the Indiana State as a member of council for the ABA’s IP Law Section, and as of Rose-Hulman Institute of Technology and IU School of Michigan Law School magna cum laude, where she was an and Innovation at the IU School Bar Association. Panelists: Mike Young, Norm Hedges, Professor Kevin Collins a member of the Advisory Board for the Patent, Trademark Law – Indianapolis, he has practiced patent law for more articles editor on the Michigan Law Review. She clerked for of Law – Indianapolis. Professor & Copyright Journal. He holds a J.D. from the University of than 35 years. He is a past chair of the ABA’s IP law section the Honorable Bruce M. Selya on the U.S. Court of Appeals Schaibley has more than 25 years Michigan Law School.