Symposium


Duke University School of Law
8th Annual Hot Topics in Intellectual Property
February 6, 2009

The 'Hot Topics' Symposium will be held on Friday, February 6, 2009 at Duke Law School. This year the panels will again focus on cutting-edge issues in intellectual property law

We are greatly honored to welcome Mr. Carl Horton, Chief IP Counsel to The General Electric Company as our keynote speaker. In his career at GE, Mr. Horton has handled a broad spectrum of IP matters involving a remarkably diversity of technologies in a number of different countries. Today his company is a leading global participant in a wide array of “green” technologies, including wind turbines, photovoltaics, hybrid vehicles and advance battery technologies, and is improving the “greenness” of more traditional technologies as well.

Our morning session will focus on the effect intellectual property protection has on the adoption of “clean” technologies, including in developing economies where the rapid expansion of industrial infrastructure has produced global environment effects. For technologies ranging from giant wind turbines to biofuel-producing micro-organisms and pollution-remediating nanotechnology, and players ranging from nations and established multi-national corporations to startups seeking their first round of venture capital, what effect is intellectual property protection having both on the global stage and in day-to-day practice ? The panel will be moderated by Professor Jerome Reichman, Bunyan S. Womble Professor of Law at Duke University School of Law.

Our afternoon panel will explore the problems and possibilities in crafting a legal regime to expedite bringing follow-on protein product pharmaceuticals (sometimes called “generic biologics”) to the market. While these products promise therapies and cures beyond anything achieved by the more common “small molecule” pharmaceuticals, the extra complexities involved in producing them has cast doubt on whether an abbreviated approval process for “generic” versions of these pharmaceuticals is practical, and whether it would produce the savings that resulted from the Hatch-Waxman Act. Our panel explores the issues from economic, legislative, and practitioner’s perspectives. The panel will be moderated by Professor Arti Rai, Elvin R. Latty Professor of Law at Duke University School of Law.

For more information, please contact This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

Duke Law 8th Annual Hot Topics in Intellectual Property, February 6, 2009

Schedule of Activities

8:15 AM

Registration and Breakfast

8:45 AM

 

 

 Keynote

8:45 AM: Introduction

8:55 AM: Opening Remarks

9:00 AM:  Keynote Address; Mr. Carl Horton, Chief IP Counsel, The General Electric Co., Current Challenges Facing IP Practitioners

10:00 AM

Break

10:15 AM

 

 

Panel:  Clean Tech IP: Global Boon or Bane?
           
moderator: Prof. Jerome Reichman, Duke Law School

10:15 AM: Introduction

10:25 AM: Dr. Bertin Martens,  Do Intellectual Property Rights Affect the Transfer of Climate Change Technology to Developing Countries?

10:40 AM: Prof. Keith Maskus,  Economic Perspectives on Encouraging Transfer of Green Technologies: Problems and Prospects

10:55 AM: Dr. Douglas Pearson, Intellectual Property Rights in Clean Tech, a Patent Practitioner's Perspective

11:10 AM: Eric Lane, Keeping the LEDs on and the Electric Motors Running:  Clean Tech in Court After eBay

11:25 AM: Moderated Panel  Discussion and Question & Answer session

12:30 PM

 Catered Buffet Lunch

Donald Min discusses how in re Bilski affects apparatus and non-method claims

2:00 PM

  

Panel:  Generic Biologics: Possible ? Desirable? How?
           
moderator: Prof. Arti Rai, Duke Law School

2:00 PM: Introduction

2:10 PM: Prof. David Ridley,  The Market for Follow-On Biologics

2:25 PM: Madison Jellins,  Stumbling Blocks to Establishing a Regulatory Regime for Approval of Follow-On Biologics: Current Issues

2:40 PM: Dr. Mike Hostetler, Venture Capitalists, Start-ups, and Biogenerics: Current Activities and IP Strategy Impacts

2:55 PM: Ann Witt, Balancing Intellectual Property Concerns with Access to Affordable Medicines

3:10 PM

Break

3:25 PM

Moderated Panel Discussion and Question & Answer session

4:30 PM

Evening Reception

 

 

Duke Law 8th Annual Hot Topics in IP Symposium, February 6, 2009

Speaker Biographies

Carl Horton Small.jpg 

Carl Horton, Esq.
Chief IP Counsel, The General Electric Company

 

Prior to becoming GE’s Chief IP Counsel, Carl served as lead IP counsel for GE’s Healthcare Business where he was responsible for all intellectual property matters including procurement, licensing and enforcement of all patents, trademarks, trade secrets, copyrights as well as all legal components of GE Healthcare’s academic relationships. From 1995 to 2001, Carl served as lead IP counsel for GE’s Electrical Distribution and Control businesses and later GE’s Industrial Systems businesses. Carl joined GE in 1992 where he worked in Pittsfield, MA as IP counsel for several of GE’s Plastic/Advanced Materials divisions. Prior to joining GE, Carl worked 4 years at the IP law firm of Burns, Doane, Swecker & Mathis in Alexandria, VA.


In the past 12 years Carl has led IP teams in over 10 countries throughout the world in protecting a wide range of products and services for GE ranging from diagnostic imaging equipment such as MRI, CT, PET & ultrasound equipment and related contrast agents, to hospital information technology systems and genomic/proteomic-based products, to circuit breakers and reliable power transmission systems, switches, drive systems, motors and a host of high temperature thermoplastic materials. Carl was lead IP counsel on over 40 acquisitions ranging in value from $10 million to over $10 billion as well as lead internal IP counsel for countless IP disputes including litigation, interference, opposition, arbitration and mediation.


Carl received a Chemical Engineering degree with honors from the University of Utah, and JD, cum laude, from the National Law Center at George Washington University in Washington, D.C.


Carl has also been a frequent speaker at IP meetings in the US, including LES, ACCA, ABA, etc. Before joining the IPO Board of Directors, Carl chaired the US Patent Law Committee of the IPO where he helped analyze numerous provisions contained in the various patent reform proposals in the US.

Bertin Martens Small.jpg

Dr. Bertin Martens

Deputy Chief Economist, European Commission Trade Directorate

 

Bertin Martens is Deputy Chief Economist in the directorate-general for Trade in the European Commission, where he works on questions related to climate change, non-tariff barriers and trade in services. He has worked extensively on economic issues in developing countries and transition economies, both for the European Commission and the UN.  He holds a PhD in institutional economics from the Free University of Brussels and has been a visiting research fellow at several universities including Stanford and George Mason. His academic research has focused on institutions, cognition and development.

 

Prof. Maskus

Prof. Keith E. Maskus
Professor and Associate Dean, College of Arts and Sciences, University of Colorado at Boulder


Professor Maskus is a specialist in various aspects of international trade, including empirical testing of trade models and determinants of foreign direct investment.  His current research focuses on the international economic aspects of protecting intellectual property rights.  He is a fellow at the Institute for International Economics and the Kiel Institute for World Economics, and an adjunct professor at the University of Adelaide.  He also serves also as a consultant for the World Bank, the United Nations Conference on Trade and Development, the World Health Organization, the World Intellectual Property Organization, and the International Task Force on Global Public Goods.

Professor Maskus received his Ph.D. in Economics from the University of Michigan in 1981.  He has been a visiting scholar at the Development Research Group at the World Bank, U.S. Department of State, University of Bocconi, CESIfo Institute at the University of Munich, and the China Center for Economic Research at the University of Beijing. He is the author of Intellectual Property Rights in the Global Economy, published by the Institute for International Economics, and co-editor of International Public Goods and the Transfer of Technology under a Globalized Intellectual Property Regime, published by Cambridge University Press.

Dr. Pearson

Dr. Douglas Pearson, Esq.
Associate, Jones Day

Dr. Doug Pearson practices intellectual property law with an emphasis on patent litigation, patent procurement, portfolio development, and client counseling. His work generally involves electrical technologies, physics, and materials and spans many areas including software inventions, digital radio broadcasting, electronic devices, information processing and computational linguistics, optics, semiconductor devices, semiconductor processing, and emerging technologies such as clean technology and nanotechnology.  He is active in his firm's Emerging Technologies practice.  Dr. Pearson conducted nanotechnology research at the U.S. Naval Research Laboratory (NRL) from 1992 to 1999 in the areas of nanostructured glass fibers and nano-patterning.  He received his J.D. cum laude from the Georgetown University, and earned a Ph.D. in Applied Physics from the California Institute of Technology.

Mr. Lane

Eric L. Lane, Esq.
Associate, Luce, Forward, Hamilton & Scripps LLP
Founder & Editor, Green Patent Blog

Eric Lane is an associate at Luce Forward in San Diego, where he is in the Intellectual Property practice group.  Mr. Lane is also a founding member of the firm’s Climate Change & Sustainable Technology practice.  Mr. Lane is an IP generalist with broad-based experience in all areas of intellectual property law.  Mr. Lane’s practice includes patent prosecution and counseling, trademark prosecution and counseling, copyright prosecution and counseling, IP litigation, IP due diligence and IP licensing.  His patent work involves complex technologies such as medical devices, chemical arts, and clean technology, including LED systems, carbon capture and sequestration methods, energy efficiency technology and energy storage systems.  He is registered to practice before the U.S. Patent & Trademark Office.


Mr. Lane is the founder and author of Green Patent Blog - www.greenpatentblog.com - a web site dedicated to discussion and analysis of intellectual property issues in clean technology and renewable energy.  In addition to extensive publication on clean tech IP issues, he has published articles on a wide range of legal subjects in such publications as the John Marshall Law School Review of Intellectual Property Law, the New York Intellectual Property Law Bulletin, the New York State Bar Association Labor & Employment Newsletter, Mealey's (Lexis-Nexis) Litigation Report on Intellectual Property, IPLaw360, New Matter (the Official Publication of the IP Law Section of the State Bar of California), and the San Diego Daily Transcript.  Mr. Lane is currently working on a book for Oxford University Press on the subject of Clean Tech IP.


Mr. Lane is a member of the San Diego Intellectual Property Law Association, the San Diego Renewable Energy Society and sits on the Clean Tech San Diego Science & Technology Committee.


Prior to joining Luce Forward, Mr. Lane was an associate at Heller Ehrman in San Diego and an associate at Morgan & Finnegan in New York City.  He received his J.D. from the George Washington University Law School and his B.A. from Wesleyan University.

 
 

Donald D. Min, Esq.
Partner, Knobbe Martens Olson & Bear LLP

Donald Min is a partner in the firm’s Washington, DC office. Donald’s practice is concentrated in client counseling, patent drafting and prosecution, licensing, and providing patent-related opinions. He has extensive experience in a wide variety of technologies including computer hardware and software, telecommunications, wireless communications, medical devices, online business methods, and audio/video processing.

 

Donald holds a B.S.E.E. from Purdue University, and a J.D. from George Mason University, School of Law. He is admitted to practice in the District of Columbia, California, and before the USPTO.

Ridley-2005.jpg

Professor David Ridley
Assistant Professor,
Duke University's Fuqua School of Business

 

David B. Ridley is an Assistant Professor at Duke University's Fuqua School of Business. David is also a graduate of Duke University having earned a doctorate in economics. David's research is concerned with entry and differentiation. In his research on geographic differentiation he examines why a firm might locate near its rival despite the resulting price competition. In his research on product differentiation he examines how 'me-too' drugs (close substitutes for the market leader) compete on price and advertising, and how regulatory policies affect firms' incentives to enter a market. To encourage more entry of drug manufacturers into neglected markets, David, with Henry Grabowski and Jeffrey Moe, proposed a priority review voucher prize for developers of treatments for tropical diseases. Their proposal became law in 2007.

Ms. Jellins

Madison Jellins, Esq.
Partner, Alston+Bird

Madison Jellins is a partner in the Intellectual Property – Litigation Group, specializing in pharmaceutical, ANDA and life sciences patent litigation, as well as strategic counseling in pharmaceutical patent and FDA regulatory issues. Ms. Jellins also specializes in appellate matters before the Federal Circuit.

Ms. Jellins received her J.D., magna cum laude, from the University of San Francisco, an M.S. in biological sciences from Stanford University, and a B.A. in Zoology from the University of Washington. She was a clerk to the Honorable Helen W. Nies, former Chief Judge of the United States Court of Appeals for the Federal Circuit.  She is admitted to practice in California, before the U.S. Supreme Court and the Court of Appeals for the Federal Circuit, and is registered to practice before the U.S. Patent and Trademark Office.

Dr. Hostetler

Dr. Michael Hostetler, Esq.
Partner, Wilson Sonsini Goodrich & Rosati

Dr. Michael Hostetler is a partner in the San Diego office of Wilson Sonsini Goodrich & Rosati. He practices in the area of intellectual property law, including patent prosecution, litigation, interferences, opinions, and licensing matters. Dr. Hostetler represents clients in the clean technology, biotechnology, pharmaceutical, and nanotechnology industries.

 

Dr. Hostetler received his J.D. summa cum laude from the Duke University School of Law, and earned a Ph.D. in Chemistry from the University of California at Berkeley.

 

Ann Witt, Esq.
Health Counsel, Congressman Henry Waxman

Ann Witt, J.D., serves as Health Counsel to Congressman Henry Waxman (D-CA), Chairman, House Committee on Energy and Commerce.  Previous experience includes working at the FDA’s Office of the General Counsel focusing on counseling on new drug and device issues from 1980-1991.  She served as the Acting Director of the Division of Drug Marketing and Advertising in the Center for Drug Evaluation and Research (CDER) in 1992, and then joined the Office of the Commissioner in 1992, where she worked on a variety of issues including tobacco and pediatric labeling for new drugs.   Prior to working for Congressman Waxman, Ms. Witt served as the Staff Director of an investigation in 2000 for the World Health Organization (WHO) into covert attempts by the tobacco industry to influence WHO.

 

 


Duke University School of Law
8th Annual Hot Topics in Intellectual Property
 February 6, 2009

The 'Hot Topics' Symposium will be held on Friday, February 6, 2009 at Duke Law School. This year the panels will again focus on cutting-edge issues in intellectual property law

We are greatly honored to welcome Mr. Carl Horton, Chief IP Counsel to The General Electric Company as our keynote speaker.  In his career at GE, Mr. Horton has handled a broad spectrum of IP matters involving a remarkably diversity of technologies in a number of different countries.  Today his company is a leading global participant in a wide array of “green” technologies, including wind turbines, photovoltaics, hybrid vehicles and advance battery technologies, and is improving the “greenness” of more traditional technologies as well.Mr. Horton will speak on "Current Challenges Facing IP Practitioners."

Our morning session will focus on the effect intellectual property protection has on the adoption of “clean” technologies, including in developing economies where the rapid expansion of industrial infrastructure has produced global environment effects.  For technologies ranging from giant wind turbines to biofuel-producing micro-organisms and pollution-remediating nanotechnology, and players ranging from nations and established multi-national corporations to startups seeking their first round of venture capital, what effect is intellectual property protection having both on the global stage and in day-to-day practice ?  The panel will be moderated by Professor Jerome Reichman, Bunyan S. Womble Professor of Law at Duke University School of Law.

Our afternoon panel will explore the problems and possibilities in crafting a legal regime to expedite bringing follow-on protein product pharmaceuticals (sometimes called “generic biologics”) to the market.   While these products promise therapies and cures beyond anything achieved by the more common “small molecule” pharmaceuticals, the extra complexities involved in producing them has cast doubt on  whether an abbreviated approval process for “generic” versions of these pharmaceuticals is practical, and whether it would produce the savings that resulted from the Hatch-Waxman Act.  Our panel explores the issues from economic, legislative, and practitioner’s perspectives.  The panel will be moderated by Professor Arti Rai, Elvin R. Latty Professor of Law at Duke University School of Law.

For more information, please contact This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

 

 
Sponsored by the Duke Law IP & Cyberlaw Society,
the Duke Law and Technology review,
and the following firms:


 
 
  
 
The IPCS Annual Symposia Series

 

The Annual 'Hot Topics' Symposia series focuses on a variety of topics relevant to intellectual property law featuring panel debates, a keynote address, and individual talks by academics and practitioners. The events are designed to appeal to practitioners, academics, and students alike.