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AGENDA: Wednesday, November 13, 2019

07:30 AM
BREAKFAST & REGISTRATION
08:30 AM
Patent Prosecution & Portfolio Management: Inconsistency, Complexity & Budgets

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 patent friendly. Coupled with an apparently pro-patent USPTO director what does the future hold and how will this environment effect 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?






09:15 AM
Navigating M&A, Transactions, & 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








10:00 AM
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








10:45 AM
NETWORKING BREAK
11:15 AM
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






12:00 PM
Defensive Litigation Strategy in a Changing Landscape

The Environment for Patent Litigation is changing but exactly how much is still unclear. From a defensive perspective there is a new patent owner leaning OSPTO Director, IPRS are not always the obvious choice jurisdiction issues are front of mind, and plaintiffs are more savvy, battle tested and willing to use international forums . Patent prosecution is focused on “a push to Quality” – however budgets tightening and quality don’t go hand in hand. The landscape is in flux and seems to be getting more complex.  As institution rates decline IPR use is less automatic and requires greater due diligence.  While NPE litigation decreases – operating company litigation remains constant. Obviously avoiding litigation is preferable but how can you both be proactive and maintain strong defenses when needed?

This panel will explore:

  • Litigation avoidance through portfolio management and product development
  • Preparing for a shifting in the patent landscape
  • Be ready for the international Litigation or ITC
  • Proactive defensive strategy :
    • Preparedness
    • Operating company and rivals
    • NPE defense updates
  • Shift at the PTAB – the data is confusing






12:45 PM
NETWORKING LUNCH
01:45 PM
Case Study - Artificial Intelligence & Patents: What Happens When a Computer Invents Something?

The US Patent System guarantees patents to inventors, i.e., people. But AI, with adaptive learning, is probably not far away from solving difficult problems a human could not, and might actually “invent” something patentable. In fact, there are documented reports of issued patents that were revealed after the fact by the “inventors” to have been invented by computers and not the “person” named as the inventor. With the extensive modeling and computational work that AI-enabled computers do, there might already be patents out there, on drugs, or chemicals, for example, that were invented by computers. What do we do with those inventions? Do we need new laws? Do we need new rules of inventorship



02:30 PM
Litigation Trends:The Impact on your IP Strategy

The landscape seems to be giving a series of mixed messages.  New patent disputes in Q1&2 is 10% lower than the first half of 2018. PTAB challenges in the first and second quarters of 2019 declined, amounting to the lowest number of new cases since 2014. District court patent litigation has remained Level, with  NPE challenges increasing 13%. TC Heartland impact is dramatic with  Delaware District Court which experiencing a 28% increase in patent suits. 

This panel will explore:

  • What is going on and where is the landscape heading
    • 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  






03:15 PM
NETWORKING BREAK
03:30 PM
ROUNDTABLE DISCUSSIONS

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

Roundtable 1: Defensive Discovery: How to Minimize Burdens on Clients while Decreasing Costs
Salumeh Loesch,
Of Counsel, Klarquist Sparkman, LLP

Roundtable 2: Patent Annuity Market Trends
Cary Levitt,
Chief Operating Officer, Dennemeyer

Roundtable 3: Enforcement Strategies in 2019

Roundtable 4: International IP Strategy

Click here for more info.





04:50 PM
COCKTAIL RECEPTION