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AGENDA: Thursday October 16th, 2014

7:30 am
Registration and Networking Breakfast
8:15 am

8:30 am
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

9:20 am
Defending Your Trade Secrets: Proactive and Reactive Strategies

How do you defend against trade secrets suits and make sure that you are proactively taking the right steps to avoid litigation? Often the forgotten IP asset, trade secrets can play a key role in building a solid defensive strategy.

This panel examines:

  • What reasonable measures can be taken to stop valuable information from getting out?
  • When hiring top employees – What steps to take in avoiding a trade secrets suit?
  • When accused of trade secrets theft – What are the best strategies?

10:10 am
10:55 am
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?

11:45 am
KEYNOTE PRESENTATION: 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

12:35 pm
12:40 pm
LUNCH'N'LEARN (Invitation Only)

Lunch'N'Learn: Effectively Employing the Invalidity Defense

When dealing with trolls or aggressive competitors claiming patent infringement, an effective invalidity search is a cost effective means to gaining a critical edge.  The typical invalidity search, however, often misses the most relevant findings. Common mistakes are discussed and best practices highlighted.  Several high stakes cases to invalidate patents from major well-known patent assertion entities will be presented.  In this Lunch & Learn session, Bruce Rubinger will draw on their unrivalled experience to provide practical advice on how companies should update their approach to utilizing the invalidity defense.


1:45 pm
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?    

2:35 pm
Defensive Trial Strategies: Preparation Management & Strategy

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

3:25 pm
3:55 pm
Defensive Portfolio Management - Playing Offense 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 intellectual property 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

4:45 pm
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


5:55 pm