Synopsis
This seminar provides an overview of recent developments in patent and trademark licensing under United States (U.S.) law. In particular, the first part of the seminar will review the recent decision by the U.S. Supreme Court in Kimble v. Marvel upholding the per se rule against post patent expiration royalty payments; the relationship between Kimble and cases involving licensee challenges to patent validity; and developments in multi-party licensing arrangements of standard essential patents. The second part of the seminar will review the standard for trademark licensing and the recent case law on “naked licensing” and “quality control” in the U.S. This part will focus on the ongoing uncertainty in the legal interpretation of the concept of “quality control” and the resulting inconsistency that has to be considered by licensors and licensees when structuring licensing agreements in the U.S.
About the Speakers
Irene Calboli is Lee Kong Chian Fellow and the Deputy Director of the Applied Research Centre for Intellectual Assets and the Law in Asia at Singapore Management University School of Law. She is also a Professor at Texas A&M University School of Lawn and a Transatlantic Technology Law Fellow at Stanford University. She started her academic career at the Faculty of Law of the University of Bologna, and held visiting positions, inter alia, at DePaul University College of Law, the King’s College London, the University of California Berkeley, the University Complutense, and the Max-Planck-Institute for Innovation and Competition. Most recently, she was a Visiting Professor at the Faculty of Law of the National University of Singapore. Dr. Calboli’s scholarship has appeared in leading volumes, peer reviewed journals, and student edited law reviews. Her recent publications include Trademark Protection and Territoriality Challenges in a Global Economy (Edward Elgar, 2014, edited with E. Lee) and The Law and Practice of Trademark Transactions (Edward Elgar, forthcoming 2016, with J. de Werra).
Shubha Ghosh is the Vilas Research Fellow and the George Young Bascom Professor of Intellectual Property and Business Law at the University of Wisconsin Law School. He holds a BA from Amherst College, a MA and PhD in economics from Michigan, and a JD from Stanford. Before entering legal academia, he was a professor of economics at University of Texas at Austin, a judicial clerk on the US Court of Appeals for the Ninth Circuit for Judge John Noonan, and an associate for Baker & McKenzie in San Francisco and Palo Alto. His scholarship focuses on competition policy and intellectual property, innovation and the scope of intellectual property rights, freedom of expression and data access, and legal and economic analysis of the exhaustion doctrine. He has published articles in the many leading journals and authored several casebooks. His book Identity, Invention, and the Culture of Personalized Medicine Patenting was published by Cambridge University Press in 2012 (and as a paperback in 2013). Dr. Ghosh has authored several amici brief in cases before the U.S. Supreme Court, including the Quanta and Bowman cases. In 2014-2015, he was the inaugural AAAS Law & Science Fellow at the Federal Judicial Center in Washington, D.C.
Public CPD Points - 2 points
This programme is an Accredited CPD Activity under the SILE’s CPD Scheme. Participants who wish to claim CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. This includes signing-in on arrival and signing-out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.silecpdcentre.sg for more information.
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Last updated on 17 Mar 2016 .
