AGENDA: Thursday, April 11, 2019

07:30 AM
08:30 AM
Navigating M&A, Transactions, and Licensing in a New Landscape

The businesses goals come to the forefront with the transactional side of IP. M&A, buying and selling portfolios, and structuring impactful licensing deals can be a challenge in a shifting IP landscape. As a result, IP business models have evolved. The lack of data on IP transactions and the multiple valuation techniques for portfolios make for a subjective benchmarking strategy.

This panel will explore: 

  • IP transactions landscape in the current environment
  • Overall M&A activity and IP Valuation
  • What does it take to get licensing deals accomplished in the current environment?
  • The impact of increased international business activity

09:15 AM
Patent Prosecution

Managing patent prosecution and a portfolio in today’s complex and ever changing landscape requires tackling inconsistency by the APJ, budget pressures and a need for higher quality patents. With the budget pressure comes a need to be selective with international filings, focusing on countries that are both important to the business and are patent friendly. Coupled with an apparently pro-patent USPTO director, what does the future hold and how will this environment affect your current filings and portfolio?

This panel will explore:

  • How will the new USPTO director’s initiative impact patent filing strategies?
  • Budget constraints and a push for quality patents – Can this continue?
  • Are continuations and provisionals a sound strategy to buy-time?
  • Managing the portfolio budget and renewals – Mixed messages from management
  • International filings:
    • A bad omen for the US system?
    • What are the best strategies?

10:00 AM
Portfolio Management Strategy

In today’s changing and complex landscape the management of your portfolio is the engine room of a well balanced and proactive strategy. A well run portfolio gives the business the ability to protect market share, block competitors and create future options and opportunity. In today’s environment, what does running a balanced and effective portfolio look like? How can you prepare for the future?

This panel will explore:

  • The changing landscape – how does it impact your portfolio management?
  • What are the signs that your portfolio is in good shape or not?
  • How can you prepare for the future and changing goals?
  • What are the areas of strategy or analysis that are overlooked?

10:45 AM
11:15 AM
Case Study: Shaking up PTAB – Post SAS

The PTAB has acted swiftly, adjusting to SCOTUS’ SAS Institute Inc. V. IANCU decision – instituting a spate of short-term efforts to comply with the decision. However, a finalized set of processes still remains unclear. While IPR costs and time to trial are expected to increase, counsel are also facing a strategic rethink to the process. Will IPR dominance remain? Will the recent sovereign immunity ruling bring even greater complexity to the process? What should you focus on? How will the business be impacted?

This panel will explore:

  • State of the current IPR landscape:
    • PTAB today – What do we know? What should you plan for?
    • How should you prepare?
    • Choosing IPRs – Have considerations changed?
  • How to change or evolve your strategy?
  • Has the business case changed for IPRs?
    • Cost, Resource Allocation – Impact on the business
    • Fee hikes – What will their impact be?
  • Best practices in front of the USPTO

12:00 PM
Litigation Trends in 2019

The tide is turning, and enforcement is a more viable option for operating companies. How should you change your strategy and is it time to become more proactive?

This panel will explore:

  • The change in the enforcement landscape
    • A shifting of balance – moving back towards a more neutral environment
    • Drop in institution rates for the PTAB
    • How does this play into the way you approach enforcement?
    • NPEs are ramping up their efforts in 2019
  • How is this venue impacting your strategy?
    • Are the jurisdictions ready – Delaware?
  • New USPTO Director – mixed messages
  • ITC and International Litigation  

01:00 PM
LUNCH 'N' LEARN: Topic & Details coming soon

02:00 PM
Dessert and Coffee Panel - The Intersection Between Litigation & Post Issuance Proceedings

With IPRs becoming less defendant friendly, but still no ally of patent owners, understanding when and how to effectively utilize both litigation and IPRs is essential. 

02:45 PM

Four 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 LLP

Roundtable 2: Topic and Details coming soon
Ted Mathias,
Partner, Axinn, Veltrop & Harkrider LLP

Roundtable 3: Topic and Details coming soon
Moderated by Dennemeyer

Roundtable 4: Topic and details coming soon
Anne Shea Gaza, Partner, Young Conaway Stargatt & Taylor LLP

Click here for more info.

04:05 PM
International IP Strategy

With growing complexity in the United States' IP landscape many US companies are looking at international IP strategy to enhance the company’s business goals. For example, in the two biggest markets for the majority of US companies, China and Europe, there are multiple developments to stay on top of. In China the development of a more balanced approach to IP litigation is making it an essential market for US companies. With Europe the turmoil of Brexit and recent changes to the EPO have US companies needing to understand where that leaves them in terms of strategy. 

This panel will explore:

  • China – is it becoming more balanced for US companies?
  • What are the other markets to pay attention to in Asia?
  • Europe – Brexit and EPO updates
    • UK and Germany litigation landscape
  • Working with foreign law firms and corporate offices


04:50 PM
Core Principles in Successful Trade Secrets Strategy

A complex and unclear patent landscape, the DTSA and headlines covering high profile cases, and stories of intrigue and espionage have brought trade secrets to the attention of the C-Suite. To avoid making the headlines, organizations must understand that at its core trade secrets is a human initiative – requiring constant management and employee engagement. How can trade secret breaches and liability be avoided? How can you prove a trade secrets breach if it occurs?

This panel will explore:

  • Benchmarking the current landscape:
    • DTSA
    • Current case law
  • Going beyond ticking boxes – What are real world effective trainings and policies?
  • Areas of trade secrets liability  exiting employees, onboarding and high-stakes markets or innovation
  • When there is a breach – damage control

05:35 PM