Opening Comments

Prof. Robert Merges, Berkeley Law School

Prof. Cui Guobin, Tsinghua University Law School

Session 1: Cases, Trends and Data
This data-driven session will present the latest from the US, China and Europe on invalidity rates, foreign vs. domestic win rates, damages, and injunctions, and will examine in depth several major cases.

Moderator: Kurtis MacFerrin (Google)

Morris Tu (Legal Miner) and Nongfan Zhu (King & Wood Mallesons): Foreign win rates in China

Melissa Schneider (Darts IP): Chinese litigants in the US and Europe

Sheng Li and Claire Xie (NERA): SEP damages and injunctions across borders

Mark Cohen (BCLT): Case studies

Concurrent Sessions

Session 2(a): SEPS, Licensing and Antitrust
Topics in this breakout session will include 5G and other key standards/technologies under development; the climate for licensing and IP transactions; trends and best practices in FRAND litigation; developments at SAMR and DOJ/FTC; and updates on the anti-monopoly law in China.

Moderator: Thomas Chia, Via Licensing

Chief Judge Randall Rader (Ret): ADR and SEPs

David Dutcher (Western Digital): Corporate perspectives

Michael Loch (GSM Association): Perspectives of an SDO

Stuart Chemtob (Wilson Sonsini): Licensor’s perspectives

Dr. Hao Yuan (Tsinghua Law): SEP licensing and litigation in China

Session 2(b): New Approaches to Jurisdiction and Liability

Topics at this session will include China’s e-commerce law, developments in bank liability in the US, trade fair enforcement, and jurisdictional issues.

Moderators: Prof. Richard Buxbaum (Berkeley Law) and Piper Crowell (Nike, Inc.)

Prof. Liu Wei (Shanghai Jiaotong University/visiting scholar at Berkeley Law): Ecommerce Law of China and its impact on cross-border enforcement

Prof. Liu Jiarui (UCSF): Cross-border copyright enforcement

Liaoteng Wang (East IP): Long arm jurisdiction – is it possible in China

Prof. Marketa Trimble (UNLV): Trade fair enforcement

Helen Su (Alston & Bird): Defenses, Foreign Sovereign Immunities Act, Forum Non Conveniens Motions

Dan Harris (Harris Bricken): Social credit and debt detentions: Are foreigners at risk in China?

Concurrent Sessions

Session 3(a): The Expanding Role of Administrative Agencies
Topics at this session will include leveraging invalidity proceedings in transnational patent litigation, administrative infringement proceedings, and the role of pharmaceutical regulatory agencies in patent linkage.

Moderator: Michael Diehl (USPTO)

Dr. Gao Lulin (former SIPO Director)

Judge Clark S. Cheney (USITC): Developments at the USITC

Jacqueline Bonilla (USPTO/PTAB)

Zhang Peng (Zhonglun Law Firm)

Nick Bassil (Kilburn & Strode): Patent linkage/Pharmaceutical Issues

Session 3(b): Trade Secrets and the Trade War
This breakout focuses on developments in civil, criminal and administrative litigation of trade secrets, including the use of non-compete and non-disclosure agreements, litigating trade secret cases in Taiwan involving mainland China and the US, discovery and burden of proof, legislative reforms in China.

Moderators: James Pooley (James Pooley, PLC) and Ron Vogel (Steptoe & Johnson)

Judge Hsiung Sungmei (Taiwan IP Court): Cross-border trade secret litigation in Taiwan

Y C Zhou (Saelink Law): Hot issues facing Chinese courts on trade secrets

Jerry Xia (Anjie law firm): Managing Chinese trade secret litigation – a practitioner’s perspective

Jeff Pade (Paul Hastings): Extra-territorial reach of Defend Trade Secrets Act as applied to Chinese nationals

Ron Cheng (AUSA, Las Vegas): Criminal trade secret enforcement

TBC– Jennifer Johnson (Dupont):  Criminal and civil measures – a corporate perspective

Session 4: Planning a Litigation Strategy – Practitioners Perspectives
The panel will work through approaches to managing a multi-jurisdictional litigation program: costs, hiring local counsel, hiring experts, collecting evidence, settlement approaches, and other issues.

Moderators: Nongfan Zhu (King & Wood Mallesons)

HF Huang (Jones Day)

Feng (Janet) Zheng (Wanhuida)

Bob Jin (Twelve Tables Law Firm)

Nick Aries (Bird & Bird)

Deng Fei (Edgeworth Consulting)

Stan Young (Covington & Burling)

Session 5: Judicial Panel
Topics will include best practices in IP litigation for US attorneys in China and Chinese lawyers in the US, working with juries and technical assessors, role of experts, notarization and collection of evidence, and the role of protective orders.

Moderators: Magistrate Judge Elizabeth Laporte (N.D. Cal.) and Prof. Cui Guobin (Tsinghua Law School)

Judge Andrew Guilford (C.D. California)

Judge Clark S. Cheney (USITC)

Chief Judge Randall R. Rader (CAFC, ret.)

YC Zhou (Saelink) (former Chinese IP judge)

Prof. Liu Wei (former Shanghai criminal judge)

Judge Hsiung Songmei (Taiwan IP Court)

Judge Shen Hongyu (Chinese appellate IP judge)

Jacqueline Bonilla (USPTO/PTAB)

Session 6: Concluding Remarks

Mark Cohen (Berkeley Law)

Yuan Hao (Tsinghua Law)

Reception immediately follows

UC Berkeley School of Law certifies that this activity has been approved by the State Bar of California for 7.25 hours Continuing Legal Education credit.