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$17M for a Patent

June 20, 2018 @ 11:30 am - 2:00 pm

“$17M for a Patent “Franchise”? – IPRs and “Oil States” Impact on Patent Owners”

Panel Discussion and Networking Lunch

Online registration ends Monday, June 18, 2018.


Prior to June 15:
LES Member: 
Non-Member: $45.00
LES Student Member: $25.00
After June 15:
LES Member: 
Non-Member: $55.00
LES Student Member: $35.00


Josh Malone (Bunch of Balloons) has spent $17M on patent litigation now totaling six patents, five patent suits, five PTAB petitions/trials, four preliminary injunctions, and eight appeals at the Federal Circuit. According to the U.S. Chamber of Commerce 2018 study, the U.S. innovation economy has declined from first to twelfth place, mainly because of uncertainties created by IPRs and patentable subject matter challenges in the USPTO and District courts.

Further uncertainties arise from the recent Supreme Court’s decision in “Oil States” which ruled that issued patents are not private property rights but rather public rights in the form of a franchise granted by the Government that can be withdrawn by executive branch action without resort to the courts.

What are potential consequences of patents as franchises? What happens to patents issued before the AIA? Are they also franchises subject to IPRs? “Oil States” also explicitly left open whether patents franchises can be confiscated with notice and the opportunity to be heard and with just compensation under the Fifth Amendment’s due process and takings clauses. Christy, Inc. has already filed a class action lawsuit alleging the PTAB violates takings and due process.
Most recently, the USPTO has proposed abandoning the “broadest reasonable interpretation” claim construction standard used in IPRs in favor of the “Phillips” standard used in Federal Court proceedings. Will “Phillps” make a difference at the PTAB?

At this June meeting, you will hear a panel of experts discuss the consequences of these developments on patents as business tools and on the innovation economy nationally and here in Silicon Valley.

Speakers to be announced.

 Generously sponsored by

Finnegan logo 218

Thank you to our chapter sponsorRichardson Oliver logo 2018


MCLE: An application requesting MCLE credit for this activity is pending for approval by the State Bar of California.

The SV Chapter uses online registration for members and non-members.  Members should login to the LES website to access their account.

A $5.00 cancellation fee is applied to all refunds.  Cancellations are non-refundable after June 15. Substitutions will be accepted.  Contact LES for assistance: (703) 234-4058 (8:00-4:00 ET).

Disability/Dietary Needs:
Requests for ADA accommodations and special dietary needs should be submitted to the event contact listed at the top of the page.

Photography Consent:
By registering for this event, you permit LES and its chapters to use photographs of you with or without your name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising and web content.


June 20, 2018
11:30 am - 2:00 pm