linkedin-icon.png twitter-icon.png

AGENDA: Tuesday, May 15, 2018

07:30 AM
08:30 AM
Portfolio Management and Patent Prosecution: Going Beyond Quality

Organizations are pushing for more quality in their patent portfolios in an effort to avoid invalidity challenges and mitigate the IPR threat. The recent procedural and judicial uncertainty at the PTAB and USPTO is now further complicating the patent landscape. To succeed, patent counsel must continue their drive for higher quality patents while navigating an evermore complex political and business landscape. Are your portfolio management and prosecution efforts ready for these challenges?

This panel will explore:

  • Prosecution with an eyes towards survivability
  • Portfolio evaluation – what to keep and what to kill?
  • Buy-in, communication & integration of business strategy
  • Budget, cost, resource allocation & collaborating with outside counsel

09:15 AM
CASE STUDY - IP Litigation in China: How to Defend and Protect Your Patents in Today’s China

As China’s IP landscape evolves, the critical issues in enforcing your IP rights are now less about local protectionism and more about the pre-trial evidence preparation in absence of discovery, the selection of jurisdiction, the choice of defensible, evidence-prone patents, and the filing strategies that give you the arsenal to attack infringers. 

This presentation will cover:

  • The perception or misperception of IP enforcement/remedy in China
  • What it takes to enforce or defend your IP positions using real-life litigation experience
  • Patent filing strategies unique to the Chinese market, in line with enforcement and validity
  • The risk of not taking IP measures or strategies in China

10:00 AM
Litigation Trends in 2018 and Beyond

Even though patent lawsuits are trending down, 2018 could bring profound change within the main litigation options. The immediate fallout from the TC Heartland case is a shift of lawsuits away from Texas towards Delaware and California. Meanwhile, the PTAB could see a big shakeup with a new USPTO director and the Supreme Court ruling on key cases Oil States and SAS. While the ITC has seen an uptick as it provides a speedy and effective enforcement option. What does a smart defensive playbook look like in 2018?

                        This panel will explore:

      • TC Heartland – repercussion so far:
        • Regular and established place of business
        • Multi-District Litigation
      • ITC increased prominence for bigger cases
      • PTAB:
        • Burden of proof
        • Oil States & SAS

10:45 AM
11:25 AM
Enforcing Patents in 2018: Risk & Opportunities

The one constant in a changing IP environment: Your patents are one of your company’s most valued assets. While enforcing is necessary to protect your market share and innovation, success is not guaranteed. As in-house counsel, your role is to tie back the legal risks and opportunities into business scenarios for the management team. How strong is your case? Are your enforcement goals and resources aligned? What’s the broader picture for enforcing IP?

This panel will explore:

  • Enforcement trends and latest developments
  • Goals and outcomes – what does a win look like?
  • Buy-in, communication & managing stakeholder expectations
  • Due-diligence & pre-trial preparation
  • Resource allocation

12:10 PM
2018: A Year of Change for Post Issuance Proceedings

This year, the rules of IP may be rewritten for the second time in less than a decade. The Supreme Court will be weighing in on IPRs’ very constitutionality and scope. Patent owners such as universities and famously Mohawk/Allergan have looked to utilize Sovereign Immunity as a strategy to avoid IPR which has caused concern in both the legislature and IP landscape. What’s the potential scope and impact of these changes? How to build optionality into your strategy?

This panel will explore:

  • State of the current IPR landscape
  • Sovereign immunity: new trend university/Mohawk
  • Planning strategic optionality around:
    • Oil States
    • SAS
  • Motions to stay and Estoppel
  • How to change or evolve your strategy
  • Best practices in front of the USPTO

12:55 PM
01:05 PM
LUNCH ‘N’ LEARN - Beyond NDAs: Managing Confidential Information in M&A and Other IP Transactions

Litigation related to theft of confidential information, such as trade secrets, has skyrocketed in recent years. This rise reflects both the rising importance of confidential information as the lifeblood of technology companies, and the increasing ease of misappropriation. In the context of a contemplated merger, acquisition, joint venture, or other commercial arrangement, parties must exchange critical, confidential or even privileged information in order to get the deal done, which may simultaneously expose the discloser to risk of theft and the recipient to risk of taint. In this session, we will cover various tools and best practices that companies can use to reduce such risks. Topics to be covered include:

  • Avoiding common NDA pitfalls and traps
  • Minimizing the risk of tainting company staff
  • Protecting privileged information
  • Tools and best practices for controlling, sharing and tracking confidential information

02:05 PM

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

Roundtable 1: 'Unintended Consequences of Nautilus, Highmark, Octane & ALICE for Patent Owners'
Phil Colburn, Co-Managing Partner, Cantor Colburn

Roundtable 2: 'Foreign Filing Best Practices'
Cary Levitt, Chief Operating Officer, Dennemeyer

Roundtable 3: ‘Post Issuance Proceedings’
Reza Mollaaghababa, Partner, Pepper Hamilton         

Roundtable 4: ‘European Patent Strategy’
Christopher Carroll, Partner, White & Case      

Roundtable 5: ‘Apportionment in Patent Damages’
Ted Mathias, Partner, Axinn Veltrop

Click here for more info.

03:45 PM
04:00 PM
CASE STUDY - Playing Offense and Defense at the ITC

A view of the ITC from both an offensive and defensive perspective through a case study involving an ITC suit and counter-suit between competitors.

04:45 PM
Keynote Interview – How Does IP Keep Up with an Evolving Business?

This keynote will explore patents with an eye towards critical business goals and organizational growth. Through a holistic analysis of patents the panel will explore cost, budget and resource allocation, as well as a portfolio management and prosecution strategy with a goal of maximizing value and exclusivity.

05:15 PM