AGENDA: 'Patent Law & Strategy' - Tuesday, September 25, 2018

07:30 AM
08:30 AM
Portfolio Management and Patent Prosecution: Going Beyond Quality

Organizations are pushing for more quality in their patent portfolios in an effort to avoid invalidity challenges and mitigate the IPR threat. The recent procedural and judicial uncertainty at the PTAB and USPTO is now further complicating the patent landscape. To succeed, patent counsel must continue their drive for higher quality patents while navigating an evermore complex political and business landscape. Are your portfolio management and prosecution efforts ready for these challenges?

This panel will explore:

  • Prosecution with an eyes towards survivability
  • Portfolio evaluation – what to keep and what to kill?
  • Buy-incommunication & integration of business strategy
  • Budget, cost, resource allocation & collaborating with outside counsel

09:15 AM
The Trade Secrets Decision Calculus: Risk v. Return

Amidst an unfavorable patentscape, the allure of apparent indefinite exclusivity offered by trade secrets must be tempered by the very real and common risk of a breach. The Waymo v. Uber – $245 Million settlement is only the most recent in a long line of trade secret litigation that underscore the business and financial consequences of a breach. Are your trade secret policies in place? How bought in is your organization? Is your response plan ready?

This panel explores:

  • The decision matrix– Are Trade Secrets the right choice for your invention?
    • Are your expectations rooted in reality?
  • People, Plans and Policy – How realistic is your game plan?
    • Training, Education, Reinforcement and Messaging
      • Buy-in – Building and maintaining support throughout the organization
  • Prevention and Preparedness
  • Responsesto a breach
    • The initial response – Where do you begin?
    • Legal remedies
      • DTSA & state provisions
    • Non-Legal alternatives
    • Collaborating with outside counsel
  • Lessons learned and takeaways

10:00 AM
10:45 AM
Litigation Trends in 2018 and Beyond

Even though patent lawsuits are trending down, 2018 could bring profound change within the main litigation options. The immediate fallout from the TC Heartland case is a shift of lawsuits away from Texas towards Delaware and California. Meanwhile, the PTAB could see a big shakeup with a new USPTO director and the Supreme Court ruling on key cases Oil States and SAS. While the ITC has seen an uptick as it provides a speedy and effective enforcement option. What does a smart defensive playbook look like in 2018?

This panel will explore:

  • TC Heartland – repercussion so far:
    • Regular and established place of business
    • Multi-District Litigation
  • ITC increased prominence for bigger cases
  • PTAB:
    • Burden of proof
    • Oil States & SAS

11:30 AM
12:30 PM

Four 20-minute roundtable discussions hosted by a topic expert.
(Attendance is for in-house counsel only – except moderators)           

Roundtable 1: 'The Trademark & Copyright Landscape'

Roundtable 2: Topic and details coming soon

Roundtable 3: Topic and details coming soon   

Roundtable 4: Topic and details coming soon

Click here for more info.

01:50 PM
02:10 PM
2018: A Year of Change for Post Issuance Proceedings

This year, the rules of IP may be rewritten for the second time in less than a decade. The Supreme Court will be weighing in on IPRs’ very constitutionality and scope. Patent owners such as universities and famously Mohawk/Allergan have looked to utilize Sovereign Immunity as a strategy to avoid IPR which has caused concern in both the legislature and IP landscape. What’s the potential scope and impact of these changes? How to build optionality into your strategy?

This panel will explore:

  • State of the current IPR landscape
  • Sovereign immunity: new trend university/Mohawk
  • Planning strategic optionality around:
    • Oil States
    • SAS
  • Motions to stay and Estoppel
  • How to change or evolve your strategy
  • Best practices in front of the USPTO
02:55 PM
Enforcing Patents in 2018: Risk & Opportunities

The one constant in a changing IP environment: Your patents are one of your company’s most valued assets. While enforcing is necessary to protect your market share and innovation, success is not guaranteed. As in-house counsel, your role is to tie back the legal risks and opportunities into business scenarios for the management team. How strong is your case? Are your enforcement goals and resources aligned? What’s the broader picture for enforcing IP?

This panel will explore:

  • Enforcement trends and latest developments
  • Goals and outcomes – what does a win look like?
  • Buy-in, communication & managing stakeholder expectations
  • Due-diligence & pre-trial preparation
  • Resource allocation
03:40 PM