June 22 Evening Event: Techniques for Achieving an Efficient and Effective Freedom to Operate Analysis
Thursday, June 22, 2023
6:00 – 6:45 p.m. Networking Reception
6:45 – 7:00 p.m. Election
7:00 – 8:00 p.m. Presentation
Fish & Richardson, 12860 El Camino Real, Ste 400, San Diego, CA 92130
Topic: Techniques for Achieving an Efficient and Effective Freedom to Operate Analysis
Presenters: Tim Rawson, Principal at Fish & Richardson, Tyler Train, Associate at Fish & Richardson
A patent gives its owner the right to exclude others from the invention claimed in it, but does not give the owner the right to make, use, or sell that invention in the marketplace. The purpose of a freedom to operate (FTO) analysis is to ensure that the production, use, or sale of a new product does not infringe a valid patent of another. While there is no legal requirement for a company to obtain an FTO opinion before taking a new product to market, doing so can nevertheless provide a number of advantages to companies both large and small.
Tim Rawson is an intellectual property litigator who helps companies in the U.S. and worldwide protect their innovations, primarily in the high-tech, consumer product, and software industries. Tim’s litigation skills and legal knowledge were developed early in his career through a series of high-level clerkships and internships. Tim served as a judicial law clerk for the Honorable Jimmie V. Reyna of the U.S. Court of Appeals for the Federal Circuit. Also, he clerked for the Honorable K. Nicole Mitchell of the U.S. District Court for the Eastern District of Texas, as well as working as a judicial intern for the Honorable John D. Love of the Eastern District of Texas.
Tyler Train focuses his practice on intellectual property litigation. He has significant experience litigating a variety of matters in District Courts, the Federal Circuit, the Patent Trial and Appeal Board, and the U.S. International Trade Commission, including utility and design patent infringement, trademark and copyright infringement, Lanham Act violations, unfair competition, and trade secret misappropriation. With a technological background in biomedical engineering, Tyler also prosecutes utility and design patent applications for clients in the fields of medical devices, semiconductors, optics and lighting, and software and mobile applications, among many others. He provides IP counseling on matters such as patentability and prior art, and has drafted, negotiated, and redlined settlement agreements, licenses, IP transfer agreements, and non-disclosure agreements. Tyler has also prosecuted trademark applications and worked on Trademark Trial and Appeal Board proceedings.
The election for next year’s Treasurer will occur during this meeting. We have three excellent candidates for Treasurer. Adam Powell of Knobbe Martens, Michael Hopkins of Sheppard Mullin, and Jim McFarland of Jaquez Land Greenhaus & McFarland. A separate email with statements from the candidates will follow. We will have a reception with food/drinks from 6:00-6:45 pm. Elections will be in person from 6:45-7:00 pm. The presentation will begin at 7:00 pm. Must be a member to vote. To check if you are a member, please email email@example.com.
SDIPLA is pleased to announce the 2023 Mock Markman Competition, which offers an opportunity for junior attorneys to present claim construction oral argument to federal judges from the US District Court for the Southern District of California. Competitors must have fewer than four years practicing law and must register by July 3. We are also seeking volunteers to assist with the competition, particularly attorneys with more than five years in practice.