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Managing Risks and Opportunities in a Digital World: The Latest Developments in U.S. IP Law
The way of doing business globally continues to change at a rapid pace. For instance, the continued rise of digital transformation and rate of technological advancement, plus the recent shift in key U.S. leadership, pose new legal challenges involving patent subject matter eligibility, prior art, claims drafting, and more while raising other strategic considerations concerning changes to U.S. Patent and Trademark (USPTO) priorities and processes and the growing pressure on organizations to adopt and integrate powerful generative artificial intelligence (AI) tools into their operations. Knowing how to navigate these changes is essential for risk management, opportunity-spotting, and commercial resilience in our ever-evolving business landscape.
Please join us on Wednesday, October 8, for the 2025 Foley Tokyo IP Conference — "Managing Risks and Opportunities in a Digital World: The Latest Developments in U.S. IP Law" — a half-day educational seminar that will guide you through the latest IP legal developments and their practical implications for business in the United States. Conference participants will explore a range of topics, including recent trends and influential cases in patent prosecution and IP litigation, key changes to inter partes review proceedings under the Trump administration, the potential impact and likelihood of proposed value-based patent fees, practical patent strategies for life sciences and high-tech innovators, and tips for leveraging generative AI within your IP practice.
There is no cost to attend this upcoming event, but space is limited and advance registration is required. To register, please click here.
NOTE: Both Japanese and English versions of the presentation materials will be shared with attendees before the program and copies will also be available on-site.
Why Attend the Foley Tokyo IP Conference?
- Hear from a team of seasoned Foley partners with diverse IP focuses who have dedicated much of their careers to supporting Japanese innovators and will travel to Tokyo to present live, in-person at this seminar
- Gain valuable technology-focused insights across the IP life cycle — from counseling and prosecution to transactions and litigation
- Network face-to-face with your peers and freely ask questions of Foley speakers and hosts during the post-conference reception
Presentation Topics
PLENARY SESSIONS:
Recent Trends and Cases in Patent Prosecution
- Fintiv v. PayPal – means-plus-function and indefiniteness
- Alnylam v. Moderna – defining terms in application versus plain meaning
- Agilent v. Synthego – when is prior art reference enabling
USPTO Proposed Patent Fees Based on "Overall Value"
- Proposal overview
- Commentary and potential impacts
- Sources in Washington
- Legal and practical challenges
- Strategic counsel if the plan moves forward
Legal Developments in Generative AI
- Recent trends and developments in adopting and using generative AI
- Evaluating technology agreements using generative AI
Recent Trends and Cases in IP Litigation
- U.S. District Court patent litigation trends
- Application of AI in U.S. District Court patent litigation matters
- Recent decisions from the U.S. Court of Appeals for the Federal Circuit and International Trade Commission
Inter Partes Review Updates
- Key changes to the discretionary denial process under the Trump administration
- USPTO's July 2025 Memo regarding the use of general knowledge, including applicant admitted prior art, in invalidity grounds
BREAKOUT SESSIONS:
Pharma and Biotech | Patent Strategies for the New Administration and New Generation of Pharmaceuticals and Biologics
- Converting USPTO delays caused by a reduced workforce into patent term adjustments that can withstand double patenting challenges
- Due diligence challenges for advanced cell therapy and conjugated products (including CAR-T and ADCs)
- Obtaining methods of making and product-by-process claims in the United States to prepare for policies favoring U.S.-based manufacturing of pharmaceuticals and biologics
Electronics | Patent Eligibility: Latest Developments and Application Strategies
- Latest case law on patent eligibility of automation patents
- Patent eligibility AI updates: USPTO's July 2024 AI Guidelines and August 2025 Memo
- Comparison between U.S. and Japanese law on patent eligibility
- Drafting claims and specifications to comply with U.S. patent eligibility requirements
Program Agenda
| 12:45 p.m. – 1:00 p.m. | Registration |
| 1:00 p.m. – 6:00 p.m. | Program |
| 6:00 p.m. – 7:00 p.m. | Reception |
All times listed in Japan Standard Time (JST)
Continuing Legal Education (CLE) Credit
For attendees who are licensed to practice law in the United States and seeking CLE credit for this program, applications for accreditation will be submitted to Colorado, Florida, New York, and Wisconsin for up to 5.0 credit hours (50-minute hour) and California, Illinois, North Carolina, Texas, Utah, and Virginia for up to 4.25 credit hours (60-minute hour). Uniform Certificates of Attendance will be provided to attendees seeking credit in other jurisdictions.
Foley & Lardner LLP is an approved MCLE provider in California, Colorado, Illinois, New York, Texas, and Utah.
For purposes of New York CLE credit, this program is appropriate for experienced attorneys only. Certificates of attendance will be distributed to eligible participants approximately eight weeks after the program via email.