The 2025 Sedona Conference on Global Intellectual Property Litigation

Date: 
Monday, March 24, 2025 - 8:30am to Tuesday, March 25, 2025 - 1:30pm

Location:
Hilton The Hague
Zeestraat 55, 2518 AA
The Netherlands

Welcome Reception:
Sunday, March 23, 2025, 5:30 - 7:30 p.m.

Several dynamic forces are impacting IP owners and litigants as we speed toward the new year. Given the territorial nature of IP rights, owners and licensors have more fora and options in today’s environment to extend and protect their assets. With the Unified Patent Court settling in, and precedent becoming established, it is more important than ever to understand UPC mechanisms and appropriate strategies to maximize IP protections. Beyond the UPC, other jurisdictions such as the PRC, South America, and Asia present opportunities and pitfalls that must be understood to comprehensively advise clients. Recently enacted legislation and regulations in different jurisdictions also influence efforts to protect innovation in key markets.

An explosion of innovative technologies presents novel questions of IP protection, the implications of which are becoming more apparent as we better understand these technologies. In particular, as Artificial Intelligence becomes more ubiquitous, even conservative companies are compelled to consider utilizing, developing, and protecting AI-generated content and innovations across multiple jurisdictions, many of which have different rules governing the ownership and protection of such inventions.

This Conference – held in the city housing the permanent home of the United Nations’ International Court of Justice and serving as the seat of government of the Netherlands – will continue the dialogue we initiated last year in Munich. Experts from around the world will provide insights and guidance on these critical issues. The Conference will be informed by the non-partisan consensus commentaries addressing tipping point issues in global IP litigation published by The Sedona Conference’s Working Group 9 (Patent Damages & Remedies), 10 (Patent Litigation Best Practices) and 12 (Trade Secrets).

We have obtained a very favorable group rate of €179 (single occupancy) and €212 (double occupancy) for March 23 and 24, 2025, inclusive of VAT and breakfast. The group rate also is available for three days preceding and three days following March 23 and 24, subject to availability. Our room block will expire on February 23, so book your room early. Details on how to reserve a guestroom at The Sedona Conference group rate will be included in your conference registration confirmation email.

Please join us on March 23 - 25, 2025, for this important Conference on Global Intellectual Property Litigation.

Co-Chairs

Brian E. Ferguson
Winston & Strawn LLP

Washington, DC, USA
Amandine Métier
Hoyng Rokh Monegier

Paris, France
Matthew D. Powers
Tensegrity Law Group LLP

San Francisco, CA, USA
Dr. Tobias Johannes Wuttke
Meissner Bolte Part mbB

Munich, Germany

Dialogue Leaders

Hon. Alan D. Albright
U.S. District Court, Western District of Texas

Waco, TX, USA
David Almeling
O'Melveny & Myers LLP

San Francisco, CA, USA
Hon. Peter Blok
Hon. Margot Kokke
Hon. Andras Kupecz
Prof. Dr. Tilman Müller-Stoy
Bardehle Pagenberg

Munich, Germany

Global Intellectual Property Litigation Agenda 2025

Time  Session  Panelists
  Sunday, March 23, 2025 (*=moderator)
5:30 — 7:30 p.m. Welcome Reception  
  Monday, March 24, 2025  
7:30 — 8:30 a.m. Sign-In  
8:30 — 8:45 a.m. Welcome and Announcements  
     
8:45 — 10:00 a.m. [Session 01] The Unified Patent Court - Where It Is, and Where It's Going  
  With nearly two years of operation, the UPC is now a fixture in European patent law. Our distinguished panel of jurists will discuss the successes of the UPC, and possible areas for improvement after its months of operation. Another topic of discussion will be the interplay between proceedings before the EPO’s Opposition Divisions or Boards of Appeal and revocation actions at the UPC or national courts. Our panel will also discuss their initial UPC experiences, case management considerations and interim conferences. Hon. Blok, Hon. Butin, Hon. Kalden, Hon. Kupecz, Muller-Stoy*  
10:00 — 10:45 a.m. [Session 02] Litigation Funding in Intellectual Property Cases
  For litigation across Europe or the United States, parties must consider the mechanics of funding arrangements; the impact of litigation funding on cases and possible resolutions; sources of litigation funding; and defensive litigation funding. This distinguished panel of experts from Europe and the US will discuss these topics and other aspects of litigation funding for IP matters in their respective jurisdictions. Hon. Connolly, Hadzimehmedovic*, Selwyn, Widera  
10:45 — 11:00 a.m. Morning Break  
11:00  — 12:00 p.m. [Session 03] International Trade Secret Litigation
  At its Annual Meeting in September 2024, The Sedona Working Group 12 on Trade Secrets decided to create a brainstorming group to address international trade secret enforcement and protection. At this Global IP Conference, members of that brainstorming group and others will discuss the status of their work and the sub-topics they plan to address. This panel will also solicit views from the audience about these sub-topics and other sub-topics the audience would like the brainstorming group to consider. This panel will finally provide an update on recent developments in international trade secret litigation. Almeling*, Hon. Cheney, Gerardi, McPherson, Pade, Pardue, Saeedi  
12:00 — 1:00 p.m. [Session 04] Biotech and Pharma Patent Litigation: A Global Perspective
   
  This panel of experienced practitioners and jurists from Europe and the US will address important issues confronting the Biotech and Pharma landscape. Some of those topics include:
  • European SPC litigation
    • Recent CJEU references and decisions (MSD joined cases and Halozyme reference)
    • European national court decisions
    • SPC waivers
    • Reform of EU SPC framework (recast SPC regulation and Unitary SPC)
  • Hatch Waxman ANDA litigation vs EU ‘Bolar exemption’, data and market exclusivity and generic patent revocation to ‘clear the way’
    • Reform of EU ‘Bolar exemption’ under EU pharma package
  • Pharma patent litigation forum shopping post UPC
 Groombridge*, Métier, Hon. Kokke, Hon. Brinkman, Whitaker, SanMartin  
1:00 — 2:15 p.m. Lunch (provided)  
2:15 — 3:30 p.m. [Session 05] Standard Essential Patents and F/RAND: Latest Global Developments
  The assertion and valuation of standard-essential patents, and the determination of a fair, reasonable, and non-discriminatory (FRAND) royalty rate, continue to attract attention worldwide. Our panel of industry leaders and jurists will address the latest developments, including the status of the “anti-suit injunction” and its variants, the latest pronouncements on FRAND, and legislative and regulatory initiatives surrounding SEPs, FRAND, and enforcement. The panel will also discuss the status of the Sedona commentary on the Global FRAND topic. Delgado*, Geiszler, Hon. Mellor, Meyer, Trenton  
3:30 — 3:45 p.m. Afternoon Break  
3:45 — 5:00 p.m. [Session 06] Judicial Panel Part 1
  This panel comprised of judges with varied Unified Patent Court and United States Federal Court experience will provide insights based on their respective roles on issues impacting intellectual property litigation. Hon. Albright, Hon. Brinkman, Hon. Connolly, Hon. Kalden, Hon. Klepsch, Hon. Kupecz, Powers*  
5:00 — 7:00 p.m. Reception (guests invited)  
  Tuesday, March 25, 2025  
7:30 — 8:30 a.m. Sign-in  
8:30 — 9:30 a.m. [Session 07] Roundtable Discussion with Patent Office Leaders
  This panel of experts with expensive patent office management expertise from different jurisdictions will discuss the important issues confronting intellectual property offices today, the successes achieved in global IP cooperation and harmonization and areas of opportunity for progress in the future. Israel, Rowan, Vidal*, Williams  
9:30 — 10:30 a.m. [Session 08] Cross-Border Injunctions - What are the limits?
  Patent litigation is global in scope, and the question of how far one jurisdiction’s reach extends raises complex and thorny issues for patent litigants. When a court imposes an injunction order against further infringement, resolution of those issues can be critical to a company’s ability to continue to operate. This panel of distinguished jurists and patent practitioners from across the globe will explore these issues, including discussion of recent injunction orders from different courts and the impact of those orders. The panel will also consider the influx of anti-suit injunction actions and how courts and practitioners are grappling with them. Bremer, Hon. Klepsch, Vary*, Whitaker  
10:30 — 10:45 a.m. Morning Break  
10:45 — 11:30 a.m. [Session 09] Monetary Damages Awards - Updates Around the Globe
  Patent litigation has truly gone global, and the question of how to assess damages for infringement continues to be a vexing one for courts. This panel of distinguished jurists, economic experts, and industry leaders will discuss the latest developments. Hon. Albright, Bone, Ferguson*, Huang, Muller-Stoy, Rodrigues  
11:30 — 12:45 p.m. [Session 10] Judicial Panel Part II
  This session will present a wide range of judicial perspectives on emerging intellectual property trends, litigation best practices and pitfalls, and recent case law. This esteemed panel will discuss hot topics in IP law as well. Hon. Blok, Hon. Cheney, Hon. Kokke, Hon. Mellor, Wuttke*  
12:45 — 1:00 p.m. Closing Remarks and Adjournment  
12:45 — 2:00 p.m. Closing Remarks and Grab-&-Go Lunch  
Date: 
Wednesday, January 22, 2025 - 2:45pm