Join our expert panel for a deep dive into the key components of successful patent prosecution. Our panel will explore the 3 pillars of prosecution: innovation, insights, and strategy and how they work together to create an effective filling & procurement strategy. What are the best practices in an economic environment where the budget is consistently being challenged and litigation is on the rise? The correct alignment with the company’s business goals, minimizing risk, and protecting innovation makes building the business case around budget less complicated

This panel will explore:
• Aligning your prosecution and filling strategy with business goals
• How is the current patent landscape especially litigation impacting your prosecution
• Gathering & analyzing data to gain insights into your prosecution strategy and implement improvements
• What are the trends in 2023 and moving into

This panel discussion will focus on the importance of fostering a culture of innovation in technology companies and research institutions and maximizing the potential of the inventors within.  The panel will aim to highlight the challenges that organizations face in engaging inventors and effectively harvesting their inventions.  The panelists will share their experiences and insights on optimal strategies for identifying, nurturing and incentivizing inventors, as well as best approaches for recognizing and capturing maximum value of inventions.  Also discussed will be the importance of open and collaborative environments that encourages, supports and guides the inventors to share their ideas in a timely manner and to provide necessary invention details effectively in order to improve collaboration with the in-house IP team and outside counsel.

We will discuss tips on preparing petitions and patent owner responses that yield a higher likelihood of success, maneuvering through parallel district court and inter partes review proceedings, and lessons from the latest PTAB decisions.

Effective patent litigation requires a strategic approach that can adapt to changes in the legal landscape, particularly during uncertain times. The economic downturn has affected IP litigation in various ways, leading to growth in some areas while others remain steady. Organizations on the defense side have had to revise their strategies due to rising litigation costs while maintaining their freedom to innovate. Meanwhile, plaintiffs have become more skilled, experienced, and willing to use international forums. Practitioners need to exercise caution when using PTAB proceedings while also being aware of NPE litigation in other regions.

This panel will explore:
• Evaluating the effectiveness of defensive patenting for litigation avoidance through portfolio management
• Conducting freedom to operate searches and obtaining clearance opinions
• Preparing for international litigation or ITC proceedings
• Implementing a proactive defensive initiative that considers the roles of operating companies and rivals
• Updates on NPE defense strategies
• Clarifying any confusion around changes at the PTAB

Product prior art often receives less attention than printed prior art that can be used in inter partes review (IPR) proceedings. While prior art in the form of products cannot be used in IPRs, it can be critical to mounting a persuasive invalidity defense in court. To raise a successful invalidity defense at trial based on prior art, one needs to find it, navigate the anticipated evidentiary challenges to using it, and present it in a compelling way at trial.

This panel will explore:

• Why is product prior art important
• Strategies to preserve and obtain useful product prior art effectively and at low-cost
• Obstacles to using product prior art at trial and how to overcome them
• How to bring product prior art to life at trial

The spotlight on high-profile cases and tales of espionage have drawn the attention of the C-suite to the importance of Trade Secrets. Virtual workforces, layoffs, economic changes, and foreign attacks on IT infrastructure have heightened the challenge of safeguarding trade secrets. Many companies need to thoroughly evaluate and implement a well-structured Trade Secrets initiative to secure their most valuable assets. How can breaches be prevented, and what actions can be taken if a breach occurs?

This panel will explore:
• Current state of the Trade Secrets landscape: risks posed by cyber-attacks, employees working from home, exiting employees, global expansion, and reduced patenting activity
• Analysis of DTSA and current case law
• Effective training and policies that go beyond compliance
• Managing damages in the event of a breach
• Strategies to prepare for economic uncertainty and future threats

Roundtable 1: Patent Litigation Strategies from A-Z
Christopher S. Schultz, Partner, Arent Fox Schiff LLP

Roundtable 2: 2023 Trademark Case Updates and Enforcement Against Foreign Entities
John L. Strand, Shareholder, Trademark & Copyright, Wolf Greenfield

In today's economic and market uncertainty, it is crucial for practitioners to manage their portfolios effectively. To navigate these times, practitioners need to develop a long-term ROI strategy that will keep competitors out of key markets. As companies look for growth opportunities through global expansion, a fresh approach may be necessary. Additionally, practitioners are evaluating whether monetizing patents is a viable option for portfolio management when there is so much volatility. As the IP landscape continues to evolve, effective portfolio management is essential for maintaining a competitive edge.

This panel will explore:
• Building strategies that are tailored to the changing economic landscape
• Adapting to rapid technological advancements and competition
• Identifying ways to optimize resources and realign IP initiatives
• Developing policies and resources to prepare for potential economic downturns and market uncertainty