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AGENDA: Wednesday - October 8, 2014

Registration and Networking Breakfast

The First Line of Defense: A Strong Patent Prosecution Program

Operating companies face a double-edged sword in today’s IP landscape– they must defend market share, protect their IP against rivals and other operating companies, as well as defend against NPEs. Corporations have moved to aggressive monetization models for their IP, paralleled by NPEs bringing a majority of IP infringement and litigation suits.  Having strong patents that can withstand infringement claims is a must in today’s environment.

This panel will examine:

  • IP Generation: Research, searches, filings and applications
  • Identifying problematic art and FTO issues
  • Working with Internal Teams: Sales/Marketing, R&D, building an infrastructure & leadership
  • Strategy: Landscape, structuring deals, social media, indemnification

Pins, Posts, and Platforms: Protecting IP in Social Media

This panel examines the latest approaches to protecting IP in social media with perspectives from the sector’s leading experts.

Strategies for Dealing with NPEs - Fight or Flight?

The majority of IP infringement and litigation suits are brought on by NPEs.  How should you deal with NPEs? While there is no “one size fits all” approach, a coherent understanding of when to fight and when to settle is essential.

This panel will examine:

  • Know your NPE: Is it a Troll or an Ogre? — Case history and trends
  • Is it just about cost benefit analysis?
  • When does it make sense to settle or to fight?
  • What dissuades an NPE from pursuing your organization?
  • What do defendants find out too late or are not prepared for?

Defending with Post Issuance Proceedings

Post issuance proceedings can be a powerful tool in your defensive playbook, yet every case brings unique challenges. This panel explores the strategic implications of each option - especially in fending off patent trolls. 

This panel examines:

  • When should you consider post issuance proceedings against NPEs?
  • What are the defensive strategic implications of the new proceedings?
    • Post-grant review
    • Inter Partes Review
    • CBM
    • Supplemental examination

LUNCH'N'LEARN (Invitation Only): Preparing Patents to Withstand AIA Trials and Defending a Patent in AIA Trials

Preparing Patents to Withstand AIA Trials and Defending a Patent in AIA Trials

News of AIA trials in the Patent Office strikes fear in the hearts of patent owners based on the statistics that most instituted proceedings result in the challenged claims of the patent being canceled.  But, patent owners can take steps to avoid that fate.  Those steps begin during the early stages of developing an application preparation and filing strategy, through prosecution, and after issuance when preparing to defend the patent in a trial.  Further, there are now enough AIA trial dispositions that offer patent owners a roadmap to better success. This session will review steps current and prospective patent owners may take to better ensure success in keeping their patents alive. 


Preparing for Litigation - A Defensive Perspective

The cold reality is that at some point you are likely to be sued and brought into a patent litigation - proper preparation is vital. As the risks have increased over the last 5-10 years, so has complexity. There are more and more factors to consider when defending: What should you expect, what is working, and should you fight at all costs? 

This panel will examine:

  • Preparing for litigation - Validity of case, internal challenges, eDiscovery, strategy
  • Preparing for trial - Working with outside counsel and experts, & cost structures
  • Witness analysis - Storytelling through witnesses
  • How to press the advantage?
  • How to bow out?    

Defensive Trial Strategies: Let the Games Begin

Defending IP cases can pose unique challenges when you go to trial as the material is complex and new to jurors. This may be the first time that senior management is involved in this type of trial and the stakes can be high. What are the best ways to manage the trial and how can you run it so that you achieve your goals?

This panel examines:

  • What are the risk factors?
  • How strong is their case, really?
  • Working with outside counsel
  • Settlement & post-trial strategy 

Defending Against Infringement Claims from Operating Companies

More organizations are being charged with aggressive financial goals for their IP and larger companies routinely have enforcement divisions. IP is also being used strategically to block or protect market share, while litigation is used by rivals during M&A activity purely for a quick revenue hit. As a result, infringement claims from operating companies are rising. However, defensive strategies against other operating companies require a distinct approach.

This panel examines:

  • What to do when approached - Engage and uncover motivation
  • Understand legitimacy & exposure
  • Defensive strategy - Buy time, use technical & personnel resources
  • Focus on the endgame

Defensive Portfolio Management- Playing Offensive and Defense

A strategic approach to patent portfolio management must include a robust defensive element. Patents that cover your company's products and outmaneuver your competition are the keys to success. This panel tackles how to use a combination of offensive and defensive strategies to develop a robust IP portfolio and to establish and protect your market position.

This panel explores:

  • Evaluating your portfolio – Is it protecting your organization?
  • Where are the offensive patents in your portfolio?
  • Creating and implementing your strategy



Sponsored by Dennemeyer