The Chisum Patent Academy offers what mainstream Continuing Legal Education (CLE) providers and patent bar review courses simply can’t: premium-quality, rapid-response patent law education and training in a unique seminar-style setting. Co-taught by leading patent law scholars Donald Chisum and Janice Mueller, our intensive two- or three-day seminars are limited to ten (10) participants and conducted in roundtable, interactive style that maximizes opportunities for discussion and debate. We are the antithesis of passive, mega-ballroom CLEs; we welcome those who want to discuss and debate patent law’s myriad nuances and practical strategies. Our Advanced Patent Law Seminars target the latest developments from the Federal Circuit and U.S. Supreme Court plus new adjudicatory procedures in the USPTO such as inter partes review; we update our syllabus for every seminar. We currently offer seminars in Seattle, Washington; Houston, Texas; and Boston, Massachusetts. We also custom-design seminars to be held on-site at corporations, law firms, and other organizations. Our seminars draw experienced patent practitioners seeking a tune-up on latest developments as well as experienced civil/commercial litigators who are relatively new to patent law. Each two-day seminar typically provides 12.0 CLE credits; each three-day seminar typically provides 18.0 CLE credits.
I’m the sole IP counsel in a small law department, so the ability to talk about patents and not have others roll their eyes or glaze over was wonderful.
Hands down, it was the most productive and informative CLE I have attended since I have been practicing.
Thanks for helping folks like us in our day to day practice. We are better for it, and appreciate the great work you do!
Not sure the format could have been better. I really loved the size restrictions, because if you get too many people, most may not feel comfortable enough to talk. I think 10-12 participants is perfect.
Cannot recommend the Patent Academy enough. Even for those of us that have been doing this a long time, it’s a firehose of directly useful information.
What an amazing conference! Such a privilege to engage in small group discussions with thought-leaders like Professors Chisum and Mueller. I can’t wait to attend again next year!
The format is perfect. Small, casual and conversational. Chisum and Mueller switching as primary instructors, but chiming in as secondary instructors, works well.
Good conversation and useful information from other attendees.
Perfect explanation of the cases with great personal insights.
The format enabled us to contextualize the cases in the real world of patent practice and get the reaction of the instructors to the real world application of the cases.
I was very pleased with the selection of topics and the depth; the cases were very current and older hallmark cases were only discussed to the extent necessary for background.
This is one of the best seminars for a patent litigator that I have attended. Other good ones I have been to have centered more on litigation practice rather than substantive patent practice.
The format encourages the participants to get to know each other during the seminar and keep in touch after the seminar.
Exhaustive and elaborate materials provided.
Good job presenting very difficult topics. I liked the informal, relaxed style.
Overall rating 5 stars out of 5 stars! I hope I can convince my boss to let me attend again next year.
The small group format allowed conversation and questions, which was fabulous.
Best seminar ever!
Excellent approach, permitting and encouraging active and lively discussions.
You all have created a great format that allows for folks with a wide variety of backgrounds and experience to each come away with a deeper knowledge base to apply in their practices.
This was the best CLE program I have ever attended.
As an experienced patent practitioner, I am skeptical of CLEs because they typically cover nothing more than what’s generally known. This course was different. It covered topics in great depth and showed me how to use changes in the law to aid my clients.
This is the class that can adapt to anyone working in the field of patent law who wants to expand his horizons.
I loved the focused, traditionally small class type education; great organization and presentation.
I remained completely mentally engaged during the entirety of all three days, due to the seminar’s more intimate format coupled with the quality of the presentations.
The limited attendance facilitated open discussion and kept me engaged.
The style (especially your willingness to entertain all questions) and limited attendance allowed a type of participation that is absent from most seminars.
Scope and depth were very good — depth was several orders of magnitude beyond any other seminar that I have attended.
I found the scope to be highly relevant–especially recent case law decisions.
You guys do a great job explaining patent law and making it easier to understand.
Format was great–feels like you are part of the discussion instead of being spoken to.
The depth of the topics was exceptional, with the presentation getting into important details that might have been missed otherwise.
This is the first (and I’ll bet only) time I’ve gone to a seminar where I got MCLE credit and wished there was an extra day. Highly recommended.
October 1-2, 2020: Boston, MA.
Due to the Covid-19 pandemic, the Chisum Patent Academy will postpone its Boston seminar until 2021.
EnergyHeating v HeatOnTheFly 10/14 #FedCir affirms DCT atty fee award to DJ π EH; exceptional case. Prior appeal affirmed patentee HOTF engaged in inequitable conduct. HOTF’s case substantively weak & manner of litigating unreasonable. DCt not req’d to find litigation misconduct.
Majority (Dyk J), cont.: Nor do individual APJs seeking performance bonuses have a significant financial interest to institute IPRs and thus get more "decisional units." And no violation of DP or APA by Director delegating institution decision to same panel that decides merits.
MobilityWorkX v UnifiedPatents 10/13/21 #FedCir 2-1 rejects new Constitutional challenges to AIA. Due Process not violated. PTAB members do not have financial incentive to institute IPRs to get fees; Congress controls PTO budget. Tumey (US 1927) not violated. Newman J dissents.
@BigFancyLawyer @patentbuddy Thanks (Oy vey!)
@BigFancyLawyer @patentbuddy Have definitely seen contractions in dissents and concurrences, but are contractions now also used in majority opinions?
What’s with #FedCir’s repeated use of contractions (e.g., “hadn’t,” “weren’t,” “there’s”) in opinions? Perhaps okay for free-form “additional views,” but are contractions appropriate in precedential panel opinions? Shouldn’t contractions be avoided in formal writing? #oldschool
TraxcellTechs v Nokia 10/12/21 #FedCir affirms SJ no infringement of 3 wireless telecom patents. DCt’s claim construction correct; clear & unmistakeable prosecution disclaimers. Insufficient evidence for literal infringement. PHE bars DOE infringement. Unmistakable surrender.
Newman J dissents. The NDA selection clause (mandating NY) covers validity and should have excluded PTO. The agreement does not have to be a patent license. The NDA covered discussions potentially leading to a license.
Kannuu v Samsung 10/7/21 #FedCir affirms SDNY’s refusal to compel S to seek dismissal of its IPRs. Q of 1st impression. Forum (NY) selection clause in K-S NDA, signed 6+ years before suit, is too tenuously connected to the IPRs. NDA dealt with confidentiality, not patent rights.
@PatentMemes I accessed it on Pacer. The opinion should be up on the CAFC website at 11 am.
Reyna, J. concurs in judgment but criticizes majority's approach of skipping step one of the Alice inquiry and "basing its decision on what it claims is step two." Majority's "extraordinary" approach is contrary to Supreme Court precedent & "turns the Alice inquiry on its head."
Cosmokey v DuoSecurity 10/4/21 #FedCir resurrects telecom patent held 101-ineligible by DCt. Per Alice step 2, claims recite a "specific improvement to a particular computer-implemented authentication technique," whether or not abstract under A step 1. Method steps were not WURC.
@ChisumOnPatents Wikipedia reports that F. Reporter was published 1880–1924, F.2d Reporter was published 1924-1994, F.3d Reporter was published 1993-2021, and now we have F.4th from 2021-??. Plus the earlier reporters included more than just the appellate decisions.
Fourth? West has cycled up to F.4th. Lower volume numbers look odd. e.g. In re Samsung Electronics Co., Ltd., 2 F.4th 1371 (Fed. Cir. 2021)
InReVivint 9/29/21 #FedCir holds even though accused infringer’s ex parte reexam request raised substantial new q patentability, PTO should have denied it under s325(d) after already denying three nearly identical IPR petn’s on same patent. PTO was arbitrary/capricious under APA.
SRI v Cisco 9/28 #FedCir reverses JMOL & reinstates jury v that C willfully infringed after May 2012 & 2x damages enhancement. Clarifies that willful infringement = deliberate infringement, but doesn’t require wanton/malicious/bad faith. Atty fees for exceptional case affirmed.
InReJuniperNetwks 9/24 #FedCir mandamuses WDTex (Albright J) again & orders BrazosLLC's case transferred to NDCal. B's showing on witness convenience & other factors "very weak." B's Waco office is recent/insubstantial. Ct congestion "speculative." B is a NPE; no need for speed.
Golf fans: Enjoy the Ryder Cup. Many patents relate to golf balls and equipment. chisum-patent-academy.com/wp-content/upl…
@patentlyo @TempletonCB Happy to hear it (as long as you're not *tearing up* my book!)
InReMaxPower 9/8 #FedCir refuses to mandamus PTAB for instituting IPR despite arbitration clause in license agrmt. Issue of 1st impression. O'Malley j. dissents extensively: 35 USC. §294 prevents institution of agency proceedings initiated by a party to an arbitration agreement.
Read Chisum’s 2018 roundup of Federal Circuit precedential decisions on Section 101 patent-eligibility here.
Monthly summaries of Federal Circuit oral arguments by John Dragseth: click here for subscription information.
Read Chisum’s 2017 roundup of Federal Circuit precedential decisions on Section 101 patent-eligibility here.
Read our critique of the Supreme Court’s decision on patent exhaustion here: Commentary on Impression Products v Lexmark International (U.S. May 30, 2017)
View the tribute video to patent law giant Judge Giles Rich (1904-1999), prepared for the 25th Anniversary Meeting of the Giles Sutherland Rich American Inn of Court in Washington, D.C. on May 13, 2017 here.
Takeaways from our March 2017 advanced patent law seminar in Cincinnati are here.
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