Judicial Panel: Grappling with the Uncertainties Created by Halo, Alice, and FRAND

Winston & Strawn’s Silicon Valley office, the Federal Circuit Bar Association, and the Berkeley Center for Law and Technology in cooperation with The Sedona Conference® hosted a panel discussion on the hard topics confronting the patent system today.

Federal Circuit Appellate Judge Kathleen M. O’Malley and Federal District Court Judges Alan D. Albright (TXWD) and Cathy Ann Bencivengo (CASD) will join The Sedona Conference Patent Litigation Working Group Chairs Matt Powers and Eric Hutz for an engaging discussion on the current state of play for willfulness, patent eligibility, FRAND, and ways to manage the uncertainty of each.

Topics of discussion included: 

• How should Halo be applied at the pleading stage, at summary judgment and at trial?  
• Is 101 the best way to weed out weak patents early, efficiently, and accurately? 
• Are U.S. courts ceding global FRAND determinations to courts of other countries?

View the video recording HERE.