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BNA's Fall Patent Litigation Conference

Event | 10.06.08, 12:00 AM UTC - 12:00 AM UTC

Changes in patent law generally occur more slowly than changes in technology. As lawyers, we must continually adapt today’s laws to protect tomorrow’s technology. However, several Supreme Court and Federal Circuit decisions over the last eighteen months have changed the rules for patent litigation. To be successful as a litigator, you will need to rethink your strategies when approaching questions of:

  • Overcoming the Obviousness Rejection for Combined Elements – KSR Eighteen Months Later
  • Exhaustion of Patent Rights by Licensor - In Re Quanta
  • Scope of Subject Matter Patentability under Section 101 – In Re Bilski
  • Routine Addition of Modern Electronics to an Otherwise Unpatentable Invention Typically Creates a prima facie Case of Obviousness – In Re Comiskey
  • Patent Licensee’s Right to Seek Invalidation of Patent While Retaining the Protection of the License – MedImmune and SanDisk
  • New Reckless Disregard Standard for Willfulness, Can the Standard Be Met and Are Opinions Still Needed? – In Re Seagate

Teresa Rea is speaking at this conference on Declaratory Judgment Jurisdiction After Medimmune and Sandisk.

For more information, please visit these areas: Intellectual Property Litigation, Intellectual Property

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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