Events
Antitrust Enforcement of Intellectual Property-Related Practices in the Obama Administration
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Monday, June 8, 2009
7:30 – 8:00 am PDT – Registration and breakfast
8:00 – 9:30 am PDT – Panel presentation
Center Club
650 Town Center Drive
Costa Mesa, CA 92626
Directions
Join us for breakfast and an interactive discussion regarding the current government initiatives in the antitrust arena and how those initiatives will affect your company's intellectual property rights and practices. We are very fortunate to have Lore Unt, principal counsel for intellectual property litigation at the Federal Trade Commission (FTC), join us for this discussion. Lore heads the FTC's antitrust efforts on matters involving intellectual property litigation issues and has significant experience on the topics for this discussion. Also on our panel is Rob Lindquist, Vice-President, Associate General Counsel and Chief Compliance Officer for Ingram Micro Inc. He is responsible for legal and ethical compliance at the world’s largest distributor of technology products and has been the Chair of the LA County Bar Antitrust Section and the Vice-Chair of the State Bar of California Antitrust Section. Our final panelist is Will Diaz, a partner in McDermott Will & Emery's Antitrust Group and a former FTC attorney. He has significant experience representing clients in litigation and transactions involving antitrust and intellectual property issues. This diverse panel will provide their views on these important antitrust and intellectual property issues from their distinct perspectives. We look forward to having you at this event.
During President Obama's campaign he promised to "reinvigorate antitrust enforcement" if elected. In the past few months the Obama administration has appointed enforcement-minded officials to the top posts at the FTC and U.S. Department of Justice (DOJ). It is anticipated that the level of antitrust enforcement will increase under the new administration, and we are expecting one of those areas to include business practices involving intellectual property. Standard-setting activities will continue to receive scrutiny, but the re-emergence of the FTC's use of Section 5 of the FTC Act, which prohibits unfair methods of competition, may improve the FTC's ability to succeed in those cases. The agencies also plan to focus on pharmaceutical reverse payment or "pay-for-delay" settlements, which will consist of not only enforcement actions, but potential legislation. Further, the new head of the DOJ has committed to using Section 2 of the Sherman Act to prevent unilateral conduct that violates the antitrust laws, which was not an area of focus under the prior administration. Other intellectual property issues that may be of interest to the current administration include patent pools, bad faith patent enforcement, tying arrangements, licensing practices and pharmaceutical evergreening practices.
For those unable to attend in person, the conference will also be available as a webcast.
We kindly request that you attend in person, but if you are unable to do so, please contact Allison Rader at arader@mwe.com or +1 713 653 1708 for dial-in instructions so that you are able to listen to the discussion by telephone.
Continuing Legal Education (CLE) credit in California is pending. A Certificate of Attendance can be issued for attendees from other states who wish to receive CLE credit.
Panelist Biographies
Lore Unt, Principal Counsel for Intellectual Property Litigation at the Federal Trade Commission
Lore specializes in intellectual property aspects of antitrust investigations, litigation and appeals, particularly relating to patents. She has led and participated in numerous significant investigations and litigation at the FTC, including matters in the pharmaceutical, electronics and biotech industries. Lore played a critical role in the FTC's nearly four-month trial against Unocal Corporation for its alleged misrepresentations of its intellectual property rights in a standard-setting process related to reformulated gasoline. The case settled on highly favorable terms following trial. She also has served as the lead staff author of amicus briefs, reports and speeches relating to antitrust and intellectual property. Before joining the FTC, Lore was in private practice as an intellectual property and commercial litigator. She is a frequent speaker and author on antitrust issues involving intellectual property. She serves on the editorial board of the Antitrust Law Journal, and participates in several intellectual property and antitrust professional associations. Lore graduated cum laude from Harvard Law School and summa cum laude from the University of Southern California. She served a law clerk to Judge H. Robert Mayer and to Judge Glenn L. Archer at the U.S. Court of Appeals for the Federal Circuit.
Rob Lindquist, Vice-President, Associate General Counsel and Chief Compliance Officer for Ingram Micro Inc.
Rob is responsible for legal and ethical compliance worldwide for Ingram Micro Inc., the world’s largest distributor of technology products (a role that has taken him to Ingram Micro offices in 28 countries). Rob is also acting regional counsel for North America, in charge of legal support for Ingram Micro’s largest region. Before joining Ingram Micro, Rob was Assistant Group Counsel for TRW Inc, a large aerospace contractor, and before then a partner with the law firm of Pepper Hamilton & Scheetz, practicing antitrust law. Rob has been the Chair of the LA County Bar Antitrust Section and the Vice-Chair of the State Bar of California Antitrust Section. A graduate from the University of Texas School of Law, Rob was also a graduate fellow in public policy studies at the University of Michigan Institute of Public Policy Studies. He received his bachelor’s degree in government from Lawrence University in Appleton, Wisconsin.
William Diaz, Partner in McDermott Will & Emery's Antitrust Group
Will focuses his antitrust practice on complex litigation; antitrust issues involving intellectual property; mergers and acquisitions; government investigations; and counseling on pricing, distribution and consumer protection issues. He has counseled clients in a variety of industries, including aerospace, biotechnology, chemicals, defense, energy, health care, high-tech, industrial products, life sciences, medical devices, pharmaceuticals and sporting goods. Will has represented numerous clients in litigation involving intellectual property issues such as standard-setting, patent pools, bad faith patent enforcement and licensing issues. He was an attorney for the FTC, Bureau of Competition, investigating anticompetitive trade practices prior to joining the Firm and received the Commission’s Award for Meritorious Service for his role on the FTC v. Libbey, Inc. trial team. Will received his law degree from Georgetown University Law Center and graduated magna cum laude with a degree in economics from the University of Florida.CLE Credit
CLE credit is pending in California. A Certificate of Attendance will be made available upon request for all other states
Please be advised McDermott has the right to restrict attendance and may limit participation in this event.
For more information, please contact Allison Rader at +1 713 653 1708 or arader@mwe.com.
