November 10 (Tue)
Session 1 - SEPs, AI inventions and securing product markets
8:30 Registration
8:55 Welcome
9:00
Standard Essential Patents, owners and implementers perspectives: don’t hide, play the game
(Michele Baccelli / Holger Stratmann / Edward Russavage)
Establishing a new licensing program or (re)negotiating a license agreement always puts interests of parties to test and different business models in conflict. Implementers need to separate their added value from the use of technology. SEP owners want to maximize their return on investments while being fair. Matters get even more complicated in areas where a licensing market value is not yet established, or where the market moves. This session provides practical tips for such licensing negotiations, taking into account recent case law developments. Rather than hiding out of fear of ending up in a disadvantageous position, it is important to engage in a firm but reasoned discussion, regardless of which side you are in!
9:50
Current standards for protecting software/AI inventions in the U.S./EP
(Edward Russavage / Dr. Axel T. Esser)
In this talk we will be covering inventorship, patentability, subject matter eligibility, sufficiency, inventive step/obviousness, training data, and provide drafting guidance.
10:35 Coffee break / 休憩
11:00
The EPO Boards of Appeal in focus 2026
(Dr. Mark A G Jones Dr. Lasse Christian Weinmann)
The landscape of European patent practice continues to shift. From the Enlarged Board of Appeal’s highly anticipated decision on description adaptation rules (G 1/25) to new guidance on claim interpretation, added matter, and the inventive step, the EPO Boards of Appeal continually refine the approaches that applicants and opponents alike must take to get good results. Join EPO and UPC representatives Lasse Weinmann and Mark Jones for a practical update into how these rulings impact everyday drafting, prosecution, and defence strategies.
11:50
Patent marking in the U.S. - why is it important and case developments
(Gerald Hrycyszyn)
Refresher on patent marking requirements and discussion of a recent decision clarifying that patent marking requirements are triggered by a settlement agreement that includes a license, even if the licensee does not admit practicing the patent.
12:45 Lunch break / 昼食
Session 2 - Claim construction, validity and UPC litigation
13:45
Where do we stand in Europe and the US regarding claim construction?
(Dr. Michael Pfeifer / Eric Rutt)
Claim construction forms the basis for assessing infringement and validity. UPC case law can be used to sharpen the understanding on what are the key considerations in litigation and what is important to know for prosecution. In the U.S., there are interesting angles worth discussing — in particular, the difference between broadest reasonable interpretation and Phillips constructions, given the surging popularity of reexamination.
14:30
Practice insights for your validity position: inventive step at the different jurisdictions, both in Europe and in the U.S.
(Dr. Daniel Grohs / Dr. Eva Gjuzi / Edward Russavage)
Providing practice-oriented insights for your validity position during infringement, both in Europe and in the U.S., we will help you better understand your chances of success before the different legal bodies. While the wording of the substantive law on, e.g. inventive step is literally identical in the major European jurisdictions, subtle differences can lead to opposite results at the EPO, the UPC and the courts in Germany.
15:30 Coffee break / 休憩
16:00
Lessons Learned from Three Years of the UPC
(Holger Stratmann / Dr. Mark A G Jones / Gerald Hrycyszyn)
Since opening its doors in 2023, the Unified Patent Court (UPC) has reshaped global patent litigation by moving faster, hitting harder, and reaching further than many anticipated. Three years in, the early theories and speculations have been replaced by concrete law and practical realities. Holger Stratmann and Mark Jones will dive into the practical reality of litigating before Europe’s newest and busiest patent jurisdiction. Equally relevant to those enforcing rights or defending a European market, Holger and Mark uncover the crucial lessons learned from the court's formative years and the strategic approach litigating parties need to thrive in the UPC era.
16:50 Q&A
17:30 End of Conference Day 1
18:00 Reception dinner / レセプション
November 11 (Wed)
Session 3 - Medical use claims and advanced litigation strategies
8:30 Registration
8:55 Welcome
9:00
Transatlantic Strategies for Therapeutic Innovation: Medical-Use Patents and Skinny Labels
(Dr. Jan Carl Zillies / Dr. Saskia Gressel / Edward Russavage / Scott McKeown)
Securing robust protection for therapeutic innovations calls for a coordinated strategy that anticipates how medical-use claims will be examined, challenged and enforced across Europe and the United States.
This session will examine the strategic considerations shaping transatlantic protection for pharmaceutical and biotechnology inventions, from drafting and prosecution through portfolio management and enforcement. It will offer a practical, high-level framework for comparing European and US approaches to medical-use patents, including developments at the EPO, before national courts and the UPC, and in US disputes involving method-of-treatment claims and label-related issues.
10:15 Coffee break / 休憩
10:45
Long-arm jurisdiction and forum selection – strategic considerations on jurisdiction and enforcement
(Dr. Michael Pfeifer / Vincenzo Jandoli / Eric Rutt)
Cross-border litigation has reached a new dimension in Europe, as it has become common to assert infringement of foreign patent at the domicile of the defendant – with many commercially highly relevant chances and risks for both, enforcement and defence. We also look into the option of taking action against foreign manufacturers. Developments to discuss from the U.S. side include standing considerations — how much right a patent owner must retain to sue on its own (see, e.g., A.L.M. Holding v. Zydex) and when are damages for foreign activities available (Columbia Univ. v. Gen. Digital)
11:45
Strategies for defending your product markets in view of the new European litigation system and recent changes in the ITC
(Dr. Dominik Scheible / Dr. Dirk Schüssler-Langeheine / Gerald Hrycyszyn)
The UPC is up and running and has meanwhile attracted a substantial fraction of global patent monetarization campaigns. However, how can you use the European patent litigation system to your advantage when you are afraid of being attacked? The smart use of protective briefs and proactive defensive actions remain important tools. Alleged infringers have found additional leverage especially in the German Federal Patent Court for challenging validity of asserted patents. We provide an overview of the coexistence landscape with a focus on the interplay between the UPC and the German proceedings as well as of the particular differences in assessing patentability.
A year of structural change has reshaped patent litigation at the ITC. The Federal Circuit has lowered the domestic industry bar, the Commission has proposed its first financial disclosure rule, PTAB discretionary denial practice now turns an ITC trial date into a likely shield against IPRs, and a full six-member Commission is seated for the first time since 2017. We will covers what these developments mean for complainants and respondents and why a busier ITC docket is likely ahead.
12:30 Lunch break / 昼食
Executive Session - IP litigation and monetization
13:30
From Products to Pixels: Design Rights in the Digital Age
(Dr. Kei Enomoto)
Often overlooked in favour of patents, design rights can be a powerful tool for protecting innovation and in IP enforcement. While patents protect technical inventions, design rights protect visual appearance, creating a strong, complementary layer of protection when used together. This session will explore how design protection extends beyond physical products to cover digital designs, animated designs, graphical user interfaces, and even designs in the metaverse. Through a comparison of US and EU practice, we will discuss how businesses can leverage design registrations to strengthen their IP strategy in an increasingly digital world.
13:50
Continued Business Impact of Trump Patent Policy
(Scott McKeown)
Outlook for change after the mid-terms (we'll be presenting a week after the midterm results) — covering Issa and Tillis stepping down, rule packages, and SCOTUS involvement in a PTAB takeover.
14:10
USPTO Patent Challenge Dysfunction
(Scott McKeown / Gerald Hrycyszyn)
We will discuss the latest developments in how the PTAB is handling post-grant proceedings, including new efforts to curb the number of reexams (such as finding estoppel if a Final Written Decision issues after reexam is requested but before determination of the Substantial New Question of patentability), and how this is impacting defense and offensive strategies.
14:35
Numbers don’t lie - What do the statistics tell us about current IP litigation strategies?
(Christopher Furlong / Dr. Kei Enomoto / Gerald Hrycyszyn)
In the three years since the UPC opened its doors, a growing body of case law and practical experience has provided valuable insight into emerging litigation trends. What lessons can be drawn from these developments, and what are the key dos and don’ts for optimizing your litigation strategies in Europe? With respect to the US, we will discuss the impact of Judge Albright’s departure on filings in various jurisdictions, and trends tied to the PTAB.
15:00 Coffee break / 休憩
15:30
Industry Panel: Strategic thinking across industries: fostering business not only through monetization
(Moderation: Michele Baccelli)
AI and digital transformation in the biotech field, IoT, and the management of complex multilateral licensing projects involving patented technologies. Executives from various industries, including biotech, industrial processes, and digital platforms, will discuss these topics, their potential interrelationships, and the implications of intellectual property for the underlying business.