2016 IP Lunch Panel Sessions

2016 IP Lunch Panel Sessions

IP Panel I – Judges’ Panel – Expert Evidence and the Role of Experts
Sunday, September 18, 2016 from 12.00 to 14.00

There is no doubt that expert evidence often plays a determinative role in IP disputes of all kinds. This can include, for example, technical evidence in patent cases, survey or branding evidence in trademark cases, evidence on the aesthetic aspects of works in copyright or design cases, as well as evidence supporting monetary claims. However, the type of evidence, the manner in which the evidence is submitted to the tribunal, the weight it is given, and the overall role and conduct of an expert in the proceeding can vary greatly from one jurisdiction to another.

Moreover, there have been recent court decisions and changes in court practice in numerous jurisdictions dealing with the use of expert evidence, including how such evidence should be treated by appellate courts.

This panel session will look at various issues in relation to the use of expert evidence including the role of the experts themselves, (court appointed versus engaged by a party), and the role and form of expert evidence that may be used in IP cases (live testimony, affidavits, and the (in)famous Australian “hot tubs”). This will be from the perspective of experienced members of the IP judiciary, with both common law and civil law panelists from around the world.


Judge Walter D. Kelley, Jr., Hausferd / former District Judge, Eastern District of Virginia (US)

Justice John Nicholas, Federal Court of Australia (AU)

Dr. Massimo Scuffi, President, District Court of Aosta, member of Italian Patent & Trademark Board of Appeals / former Chief Judge of the IP Division of the Court of Milan (IT)

Chief Judge Ryuichi Shitara, Intellectual Property High Court of Japan (JP)


Denise DeFranco, Global Head, IP Litigation, Johnson & Johnson / President, AIPLA (US)


IP Panel II – The EPO – setting the pace for the 21st Century
Monday, September 19, 2016 from 12.30 to 14.00

With 38 member states (and four extension/validation states) reaching a population of 650 million and filings on the increase, the EPO has never been stronger or more influential on the global patent stage. Its 7000 employees include 4200 highly qualified examiners and in 2015 it became the first of the IP5 Offices to be fully ISO certified.

AIPPI is very pleased to have EPO President Benoît Battistelli at this Lunch Session to describe how the EPO is proceeding with its mission to increase both quality and efficiency, while at the same time reducing examination and grant times and controlling costs, and how the EPO sees its role evolving in the years ahead.


Benoît Battistelli, President, European Patent Office

Access the President Battistelli’s presentation here