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AGENDA: Thursday, April 27, 2017

07:30 am
08:30 am
Defensive Strategy: People, Prosecution & Portfolio Management

In order to defend your company from IP infringement claims, it is important to manage your strategy holistically. The three main cornerstones for a fundamentally sound defensive strategy are: crafting strong patents; a true understanding of the strengths and weaknesses of your portfolio; and, making sure that your strategy aligns with the business goals. How does this all play out in the real world?

This panel will examine:

  • Working with R&D to craft strong patents
  • Filing strategies: domestic and international
  • What are the signs of a strong portfolio?
  • Budget management
  • The reality of aligning with the business

09:20 am
2017 Defensive Perspectives on Post Issuance Proceedings

What will 2017 hold in store for Post Issuance Proceedings (PIP)? The statistics have shifted slightly to make PIP still favorable to the defendant, but not quite the patent killer they were. Have the weak and badly crafted patents been flushed out of the system?

This panel will examine:

  • How is the environment and where are we heading?
  • An overview of PTAB statistics and what they are telling us
    • Do we have enough to start benchmarking?
  • The impact on NPE Defense
  • Pitfalls to avoid and strong strategies to employ
  • How should this fit into your overall litigation strategy?

10:10 am
10:50 am
NPE Defense: Balancing Risk, Cost and Outcomes

NPE activity is on the rise again, at best acting as a drain on resources and at worst a threat to operating companies. In many instances, the strategy that operating companies employ against NPE is still fundamentally a cost risk analysis. Is this a cause of the problem? Are there better more effective ways to deal with NPEs?

This panel will examine:

  • What are the merits of cost benefit analysis beyond ‘it depends’
  • When can a cost benefit analysis strategy backfire?
  • NPE don’t want to go to trial?
  • Going “full NewEgg”: upside/downside of “never settling”
  • Settlement strategies & end game
  • Winning at trial

11:40 am
Strategic Defense Against Rivals & Operating Companies

When you are accused of infringement by a rival or another operating company, the game changes as the stakes are higher. The AIA, and specifically Post Issuance Proceedings, have moved the landscape in the defendants favor. The key is to move from a reactive position to a more proactive strategy that allows the defendant an opportunity of achieving its goals.

This panel will examine:

  • Validity of the case
  • What is your end game?
  • Manage & marshal resources
  • Preparing for litigation
  • Witnesses & story
  • Settle hard or trial

12:30 pm
01:45 pm
Round-table Workshops

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

Round-table 1: 'Best Practices for Handling Notices of Infringement'
Moderated by: Bryan Kohm, Partner - Litigation, Fenwick & West 

Round-table 2: 'Unintended Consequences: What Patent Owners Need to Know about Nautilus, Octane, Highmark and Alice'
Moderated by: Phil Colburn, Co-Managing Partner, Cantor Colburn LLP 

Round-table 3: 'Patent Litigation: Strategic Alternatives in View of an IPR'
Moderated by: Richard Delucia, Partner, Orrick

Round-table 4: 'Demonstrating Strength by Controlling Your IP'
Moderated by: David Daly, Partner, PwC

Click here for more information.


03:05 pm
03:35 pm
Risk Management & Avoiding Litigation

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

04:25 pm
Ethics in Intellectual Property

This session outlines various ethical issues in intellectual property. Participants will explore various ethics issues through the lens of intellectual property. The session will explore ethics in leadership, business, ethical frameworks as well as various ethics examples and issues that occur in an intellectual property heavy environment; including but not limited to internal ethics processes, regulations and legal mandates.

The panel will examine:

  • Ethical Frameworks
  • Ethical Leadership
  • Ethical Failures
  • Ethics in Business
  • Ethics in Intellectual Property
  • Takeaways and lessons learned

05:15 pm