A complex and unclear patent landscape, headlines covering high profile cases and stories of intrigue and espionage have brought Trade Secrets to the attention of the C-Suite. COVID-19 has now intensified the challenge of protecting trade secrets. The pandemic has caused virtual workforces, mass layoffs, a restarting economy, and foreign attacks on our IT infrastructure.
A well-structured and thorough Trade Secrets strategy and implementation need serious consideration in order to secure the most valuable assets of many companies. How can trade secret breaches be avoided? How can you prove a trade secrets breach if it occurs?
This panel will explore:
How can patent practitioners effectively manage a portfolio during times of economic and market uncertainty? Effective patent portfolio management enables a return on investment in the long-run, and it is also key in excluding competitors from key markets.
However, the challenges are mounting:
In today’s environment, what does running an effective portfolio look like? How can you prepare for the future?
This panel will explore:
Managing patent prosecution and a portfolio in today’s complex and turbulent landscape requires tackling inconsistency by global patent offices and courts, budget pressures, and a need for higher quality patents. Some of the challenges are rooted in the dynamically changing global patent law, others are rooted in the different patent prosecution standards and still others are impacted by the current economic and market uncertainty.
How will this environment affect your current filings and portfolio?
This panel will explore:
The environment for Patent Litigation is changing but exactly how much is still unclear. From a defensive perspective, companies must be adept at managing the risk of costly patent litigation. Plaintiffs are more savvy, battle tested and willing to use international forums. The landscape is in flux and seems to be getting more complex. As institution rates decline, the use of PTAB proceedings is less automatic and requires greater due diligence. While NPE litigation decreases in the U.S., it is increasing in other regions of the world. Operating company litigation remains constant.
Avoiding litigation is preferable but how can you maintain strong defenses when needed? In light of these developments, companies need to rethink how best to maintain their freedom to develop and launch innovative new products.
This panel will explore:
Trends and Future Developments with the European Patent Office for US companies
This presentation will discuss the key considerations for protecting trade secrets and litigating trade secrets cases where employees work from home and across borders, the pros and cons of litigating in various forums, and the application of the Defend Trade Secrets Act to conduct outside the United States including the availability of monetary damages and injunctive relief for conduct outside the United States. Given that so many businesses now have employees working remotely, particularly with the COVID-19 pandemic.
Four 20-minute roundtable discussions hosted by a topic expert.
(Attendance is for in-house counsel only – except moderators)
Roundtable 1: Litigation Trends in 2020
Ronald Cahill, Partner, Nutter, McLennen & Fish LLP
Roundtable 2: Compact Prosecution
Brad Lawrence, Partner, Cantor Colburn
Roundtable 3: Determining Patent Inventorship
Maya Elbert, Of Counsel, Nelson Mullins Riley & Scarborough LLP
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