Individual Viewer

Lessons From the Smartphone Wars: Surprising Developments in Patent, Copyright & Licensing

Length: 2 hours 29 minutes

Apple, Google, Samsung, and a host of others have now been battling over smartphone technology for nearly half a decade in courts and tribunals all over the world. The $4.5 billion purchase of the Nortel patent portfolio by a consortium led by Microsoft, Ericsson, and Apple, as well as Google’s acquisition of Motorola Mobility for $12.7B, have encountered heightened antitrust scrutiny.   Design patent law has earned new respect after Apple’s defeat of Samsung, and the ability to claim copyright protection for application program interfaces (APIs) has been diminished after Google’s defense of Oracle’s claims. Industry representatives and politicians have proposed that injunctions (and ITC exclusion orders) should not be available for standard-essential patents (“SEPs”), and courts are beginning to rule on whether a particular royalty rate meets the fair, reasonable, and non-discriminatory (“FRAND”) commitment made by holders of SEPs.  This program, designed for intellectual property attorneys and in-house counsel, will discuss the key takeaways from the smartphone wars that are reshaping the industry. Join our panel of experts as they discuss these and other developments in the law.

Program Co-chairs: Ethan Lee, Milbank, Tweed, Hadley & McCloy LLP & Raza Panjwani, Attorney-At-Law


6:00–6:05 pm     Introduction

6:05-6:30 pm    Introduction and Context
                            Tracy-Gene G. Durkin

6:30-6:55 pm    Design Patents
                             Damon Neagle

6:55-7:20 pm    Software Copyrights
                            Jonathan Band

7:20-7:35 pm    Break

7:35-8:00 pm    Software Patents
                            Robert S. Katz

8:00–8:25 pm    Standards Essential Patents and the ITC
                              James Klaiber

8:25-9:00 pm     Panel discussion and Q and A

CLE credit:

NY: 3.0 professional practice.

NJ: 3.0 general.

CA & PA: 1.5 general MCLE.

Original Recording Date: 10/22/2013

Produced By:

New York City Bar Association

Course Materials

  • Lessons from the Smartphone Wars Coursebook
  • Affirmation Document