The first of a possible series of FTC hearings to explore the evolving market for intellectual property (IP) will be held on December 5, 2008, in Washington, D.C. The FTC will examine changes in IP law, patent-related business models, and new learning about the operation of the IP marketplace since the issuance in October 2003 of the Commission report, entitled To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy.
Opening remarks by FTC Chairman William Kovacic will be followed by three panels. The first panel will discuss the operation of emerging business models, aspects of the patent system that support those models, and industry responses. Panelists will include Daniel Lang, Peter N. Detkin, Daniel P. McCurdy, Raymond Millien, and Brian Kahin. The second panel will explore recent and proposed changes in remedies law. Panelists will include Thomas F. Cotter, John R. Thomas, John Squires, Q. Todd Dickinson, and Roderick R. McKelvie. The third panel will examine changes in legal doctrines that affect the value and licensing of patents. Panelists will include: John F. Duffy, Joseph S. Miller, Michael Meurer, Jeffrey P. Kushan, and Duane R. Valz. In addition, Hon. Paul R. Michel, Chief Judge of the U.S. Court of Appeals for the Federal Circuit, will give the keynote address.
The December 5 hearing will be held at the agency's satellite building, which is located at 601 New Jersey Ave., N.W. in Washington, D.C.
The Commission is also seeking public comments related to the agency's hearings on the Evolving IP Marketplace. Comments must be received by February 5, 2009, and should refer to "Evolving IP Marketplace --P093900." Information on how to submit written and electronic comments to the Commission is available at http://www.ftc.gov/ftc/workshops.shtm.
Assistant U.S. Solicitor General Pratik Shah contended that the SEC is due significant deference based on its long-standing historical practice of applying the materiality standard and its special expertise with respect to what a reasonable investor would want to know.
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