1. International Patent Litigation Speakers: –David Marcus, Vice President, Deputy General Counsel and Chief Patent Counsel, Comcast Cable Communications –Steve Schad, Assistant General Counsel, ESCO Corporation –Darren Noseworthy, Vice-President and General Counsel, Pfizer Canada Inc. –George Locke, Partner, Norton Rose OR LLP –Koen Bijvank, Partner, Vereenigde Moderator: –Frederic Meeker, Partner, Banner & Witcoff, Ltd.

2. Patent Litigation Differences Focus Countries: –United States –United Kingdom –Canada –China –Australia –Netherlands –Germany

3. Patent Trials Testimony –Generally limited or non-existent in some countries Length of trial –U.K. and Australia: 3-7 days –China, Germany and the Netherlands: ½ - 1 day –U.S.: 5+ days –Canada: 5 days - 1+ Month Costs –Trials in certain countries are very inexpensive Jury/Non-Jury trials Rules of Evidence Bifurcation –Germany: bifurcation of infringement and validity –U.S.: liability and damages may be bifurcated –Canada and most European countries: bifurcation of liability from damages is common

4. Discovery Differences Evidentiary seizures Customs seizures –Education of the customs officers Open discovery Limited discovery No discovery Cross examination of witnesses without depositions Means for gathering evidence

5. Relief/Damages Preliminary injunctions –Preliminary injunctions are rare in the U.K. and Canada –Netherlands and Germany: ex parte and inter partes preliminary injunctions are available, but ex parte preliminary injunctions are rare Extraterritorial relief Costs and attorney fees –U.K.: 60-70% of real costs –Australia and Germany: Awarded costs are less than real costs –Netherlands: Full costs awarded –Canada: 20-40% of real costs Determination of costs and damages Punitive Damages –Common in the U.S. –Rare in Canada and Europe

6. Potential Changes to U.S. Patent Litigation Systems Discovery Changes –Limits to the amount of discovery

7. Disclaimers Disclaimer procedure in Europe –Disclaimers are used to narrow the scope because the claim is inoperable or ineffective –No examination is required –Only allowed in specific circumstances No disclaimers required in the U.S. Disclaimers in Canada –Available in certain circumstances, but recent jurisprudence has limited their use

8. Arbitration International Chamber of Commerce (ICC) arbitrations U.S. litigation U.S. arbitration

9. Pharmaceutical Patent Litigation Canada –Patented Medicine Regulations: Linkage regime modeled on U.S. Hatch-Waxman Act Patent Register (Orange Book) Generics must address listed patents before regulatory approval will issue Potential outcome: no regulatory approval until relevant patent expires –Process: Notice of allegation – detailed statement of factual and legal basis Notice of application – prohibition order 24 month stay – pending court decision Outcome – if generic allegations are not justified, Prohibition Order issues and Health Canada cannot approve generic submission until patent expiration Section 8 damages – if allegation is justified, Health Canada is free to issue generic approval and patentee may be liable for damages Actions – patent infringement and impeachment actions still available