Evaluating Software Patents

@ Wolf Law Building, University of Colorado at Boulder
March 19, 2009

Post-Event Coverage

See post-event blogging from Pierre de Vries and Eric Schmidt.

Co-sponsored by the IP Section of the Colorado Bar Association

Over the last several years, the Supreme Court and the Federal Circuit have taken a number of steps suggesting that the law governing software patents is still very much in flux. In terms of the scope of patent law's reach (Bilski) to applicable remedies (Ebay), the courts have taken seriously concerns about the state of the patent system and its impact on innovation the software and information technology sectors. At the same time, Congress--spurred by a coalition of IT firms--has considered a number of reform measures geared to address concerns that the patent system is rewarding bad patents and encouraging inefficient litigation.

In this conference, we will evaluate both the premises underlying the call for a fundamental reform--and, indeed, the possible abolishment of--software patents as well as some specific suggestions for changing how patents are granted and how patent litigation operates. In particular, we will evaluate whether software patents should exist at all, whether patent litigation serves a constructive role in facilitating innovation and commercialization of new technologies, and whether patents play an important role in spurring the development of new technologies and enabling start-up firms to attract financing. It will conclude with a roundtable of three leading commentators on the role of patents and innovation.

Welcome	3:00pm - 3:10pm
Phil Weiser Executive Director Silicon Flatirons Professor University of Colorado Law School
The Debate Over the Proper Scope of Patents	3:10pm - 4:10pm
John Duffy Professor of Law George Washington University Damien Geradin Professor of Competition Law and Economics Tilburg University Kevin Luo Associate General Counsel Microsoft Michael Meurer Professor of Law Boston University Tim Scull Partner Merchant & Gould P.C.
The Realities of Patent Litigation: A Search for Truth or Leverage for Patent Holders?	4:10pm - 5:10pm
Natalie Hanlon-Leh Partner Faegre & Benson Adjunct Faculty University of Colorado Mark Lemley William H. Neukom Professor of Law Stanford University Sean Murphy VP of Government Affairs Qualcomm John Posthumus Partner Greenberg Traurig
Break	5:10pm - 5:20pm
Patents, Start-up Companies, and Financing Decisions	5:20pm - 6:20pm
Michael Crawford Partner Q Advisors Jason Haislmaier Partner Holme, Roberts & Owen Adjunct Faculty University of Colorado Jason Mendelson Managing Director Foundry Group Sean O'Connor Associate Professor of Law University of Washington Bill Vobach Partner Townsend and Townsend and Crew, LLP
Roundtable Discussion: Software Patents in Perspective	6:20pm - 7:00pm
John Duffy Professor of Law George Washington University Mark Lemley William H. Neukom Professor of Law Stanford University Michael Meurer Professor of Law Boston University
Reception Sponsored by Greenberg Traurig	7:00pm - 8:00pm

Conference Videos

Download videos of select prior conferences here.

Videos of select prior Silicon Flatirons conferences can also be ordered on DVD, VHS, or CD by contacting videos@silicon-flatirons.org

Conference Papers and Speech Texts

Select papers from our conferences are published in the Journal on Telecommunications and High Technology Law. To subscribe, contact the journal at jthtl@colorado.edu.

Silicon Flatirons