Patent litigation has become more challenging and expensive over the last 10 years. Many assert that part of the reason is the existence of abuse of the litigation system, both in connection with what patents are being asserted and in the litigation process itself. The USPTO/PTAB's Inter Partes Review process was initiated to provide a less expensive avenue for challenging the validity of patents. The courts are increasingly confronting the complexities of making Standard Essential Patents (SEP) and FRAND issues. But is the system working, and if not, then what can be done to put it back on track so that it fosters innovation?

WilmerHale Partners Natalie Hanlon Leh, Andrea Weiss Jeffries and Mark Selwyn were featured panelists during the two-day conference. Ms. Hanlon Leh spoke on the panel "Confronting the implementation of Alice - When and how to address the issue in the courts and in the PTAB;" Ms. Jeffries spoke on the panels "How can the courts and the parties curb abuse? Focusing the process and getting cards on the table early" and "In the eye of the beholder - What are Fair, Reasonable and Non-Discriminatory (FRAND) licensing terms?" In addition, Mr. Selwyn spoke on the panel "A two-way street - complying with, and benefitting from, intellectual property right commitments to a standards organization."