Standard Essential Patents (SEP):
Use of Alternative Dispute Resolution for SEP Disputes
organized by
United States Patent and Trademark Office (USPTO)
WIPO Arbitration and Mediation Center (WIPO Center)
October 6, 2022, from 16:00 to 17:30 CET
This webinar is jointly organized with the United States Patent and Trademark Office (USPTO) and will discuss the use of Alternative Dispute Resolution (ADR) for disputes relating to Standard Essential Patents (SEP). The WIPO Arbitration and Mediation Center will share its case experience in FRAND and SEP disputes and moderate the panel discussion. The panel will address key issues in SEP licensing including hurdles to agreeing SEP licensing terms, the impact of courts setting global FRAND rates, and the role of mediation and arbitration going forward.
Program
16:00 – 16:10
I. Opening
Kathi Vidal, Director, United States Patent and Trademark Office
Marco Alemán, Assistant Director General, IP Innovation and Ecosystems Sector, WIPO
16:10 – 16:20
II. WIPO ADR to Resolve SEP/FRAND Disputes
Heike Wollgast, Head, IP Disputes Section, WIPO Center
16:20 – 17:20
III. Panel Discussion
Moderator Ignacio de Castro, Director, IP Disputes and External Relations Division, WIPO Center
Evelyn Chen is a Director in Ericsson’s IP Rights & Licensing group. In her role, Evelyn supports Ericsson’s patent licensing policies and practices for its industry-leading patent portfolio of over 60,000 patents. Before joining Ericsson, Evelyn was a patent litigator and prosecutor at Sidley Austin LLP, representing both national and international clients. She also clerked for Chief Judge David Folsom in the United States District Court for the Eastern District of Texas.
Steve is Head of Patents Vehicle/Production and Chief IPR Policy Manager at AUDI AG. He is a qualified German and European Patent Attorney specializing in computer implemented inventions and software. Steve advises on licensing issues, in particular regarding standard-essential patents in the automotive industry. Prior to joining Audi, he worked on prosecution and litigation of ICT patents for a major patent law firm in Munich.
Russell is a Partner at Kirkland & Ellis LLP where he has spent his entire 36+ year career. He focuses his trial, appellate and alternative dispute resolution practice on patent infringement matters and disputes involving and related to technology transfer and patent license agreements. His trial practice includes jury trials, arbitrations and Section 337 proceedings before the U.S. International Trade Commission. His appellate practice concentrates on appeals in the Court of Appeals for the Federal Circuit. His technology transfer and licensing practice includes structuring and negotiating both licensing-in and licensing-out transactions.
Russell has received numerous accolades for his IP practice. The 2020 edition of IAM Patent 1000 included the following: “One of the longest-serving anchors of the firm’s top litigation practice is Russell E. Levine; over the course of his nearly 34-year tenure, he has masterminded many of the set’s greatest high-tech successes. ‘Russell builds strong teams and mentors the associates on them very effectively. He’s a deeply strategic thinker with exceptional commercial awareness - for in-house counsel, the value he brings is easy to show to the business. He is also very amenable to creative alternative fee arrangements.’ Levine also flexes deep licensing and transactional expertise and contributes much on the deal side.”
Russell is active in bar associations, industry organizations and his community. He is a Past-President of LES (USA and Canada); a past-chair of the By-Laws Committee of the USTA’s Midwest Section; and a past-chair of the President’s Council at Chicago’s Museum of Science and Industry. He is an author and frequent speaker on IP issues. He is co-editor of International Licensing and Technology Transfer: Practice and the Law. His “Top 10 Court Decisions of the Year” workshop at the LES Annual Meeting is consistently standing room only.
Russell holds a B.S. in Engineering and a B.S. in Economics, both degrees from the University of Michigan, and his J.D. from the University of Chicago. He is on WIPO’s List of Mediators and Arbitrators, and he is registered to practice before the USPTO. He also is a Certified Licensing Professional.
17:20 – 17:30 Q&A
We look forward to meeting you online in October.