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AGENDA: Wednesday, May 10, 2017

07:30 am
08:30 am
The Evolution of Patent Prosecution and Portfolio Management

The defensive IP landscape is changing, so both prosecution and portfolio management strategies must evolve. The pro-defendant environment has made plaintiffs smarter and their cases stronger. An operating company’s prosecution and crafting of patents must be stronger while surviving the test of time. Portfolios need to both protect current and future products and market share, but also give organizations the ammo to fire back at plaintiffs.

This panel will examine:

  • The current defensive IP landscape and how it has changed in the last 12 months
  • Crafting strong patents and your filing strategy
  • An evolved and adaptable portfolio strategy
  • Business alignment in the real world

09:20 am
2017 Defensive Perspectives on Post Issuance Proceedings

Patent owners are more sophisticated and less intimidated when it comes to Post Issuance Proceedings, especially IPRs. Both in-house counsel and especially outside counsel understand how patent owners can survive IPRs. There is also uncertainty around the USPTO – statements say one thing, stats say another. Petitioners need to be prepared for tougher and more complex post issuance proceedings.

This panel will examine:

  • How to best utilize Post Issuance Proceedings – especially IPRs
  • What to expect from Patent owners
  • How to change and evolve your strategy
  • Best practices in front of the USPTO
  • What can we learn from the USPTO? The stats and their statements

10:10 am
10:50 am
Defending Against NPEs: What is the New Normal?

NPE litigation appears to have slowed down with a reduction in the number of middle market NPEs. However ankle biter NPEs are still being a nuisance and threats are coming from both new and larger NPEs with adapted strategies, budgets and portfolios. This activity is creating a tough enforcement environment. Cost/benefit analysis may not be the best first approach. 

This panel will examine:

  • The new NPE hierarchy
  • Dealing with ankle biters
  • The new NPEs & The Ogres: Evolving NPE strategy
  • When to go full “Newegg” and when to settle hard

11:40 am
Operating Company vs Operating Company Litigation: A Proactive Defense

The lesson of the last three years is that when operating companies litigate, their cases have merit, their patents tend to be stronger and they are ready for post issuance and trial. Operating companies are not intimidated by the prospect of going after infringers. Organizations must have a proactive defensive strategy and not simply hope the odds are stacked in their favor.

This panel will examine:

  • How can you prepare for litigating against operating companies?
    • 101 Defenses
  • Managing and preparing resources
  • Working, partnering and managing law firms – going beyond “It depends
  • Understanding your end game
  • Witnesses and story development
  • The difference between effective and vanilla expectation management 

12:30 pm
01:30 pm
Roundtable Workshops

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

Roundtable 1: 'Fee Shifting in Patent Litigation'
Moderated by: Benjamin Horton, Partner and Chair, IP LitigationMarshall, Gerstein & Borun LLP

Roundtable 2: 'Supreme Court Roundup: What This Year’s Decisions Mean for IP Defense'
Moderated by: Jeremy Oczek, MemberBond Schoeneck & King 

Roundtable 3: 'Trade Secrets'
Moderated by: Barbara Fiacco, Partner, Foley Hoag LLP 

Click here for more information.

02:30 pm
03:00 pm
Trade Secrets & Your IP Strategy

IP professionals are taking a close look at trade secrets, especially if their products can’t be reverse engineered or hacked. In light of the DTSA, how should IP professionals view trade secrets? The human element is always the most difficult to manage with trade secrets. Managing employees and running the program can be labor intensive. Clearly, there are advantages and disadvantages to trade secrets.

This panel will examine:

  • Trade secrets vs patents: What are the criteria for using trade secrets?
  • How can trade secrets be used in tandem with patents?
  • Key elements of running a trade secrets program
  • What happens when there is a breach?

03:50 pm
Risk Management & Avoiding Litigation

How can your organization avoid IP litigation without being seen as weak? By understanding the area of risk and exposure in product/service offerings, IP leaders can be proactive and reduce and/or avoid litigation.

04:30 pm