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AGENDA: Thursday, November 3, 2016

07:30 am
08:30 am
The 3 Ps of a Defense Strategy: Prosecution, Portfolio Management & People

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
  • Filling strategies: domestic and international
  • What are the signs of a strong portfolio?
  • Budget management
  • The reality of aligning with the business

09:00 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
10:00 am
The Great Game: Defending 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 shifted the balance in the defendants’ favor. The key is to move from a reactive position to a more proactive strategy that allows the defendant an opportunity to achieve their 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

11:00 am
Defending Against NPEs: Beyond Cost Benefit Analysis

NPE activity is on the rise again and they are a drain on resources at best and at worst a threat to operating companies. In many instances, the strategy that operating companies employ against NPEs is still fundamentally a cost/benefit 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?
  • Do NPEs really want to go to trial?
  • Going "full Newegg"; upside/downside of “never settling”
  • Settlement strategies & end game
  • Winning at trial

12:00 pm
12:00 pm
LUNCH 'N' LEARN: Internet of Things Security: Patent Landscape, Key Opportunities, Threats, Competitive Positioning, and IP Defense Strategies

The Internet of Things (IoT) is a transformative technology creating huge opportunities while rendering obsolete many products and services. The scale of the relevant patent space (20,000+ patents) is a formidable barrier for IP attorneys trying to understand and exploit this critical opportunity. Studies to date have been very high level, typically generated by combining patent classes with keywords and simplistic statistical algorithms, and lack the accurate, actionable information needed for effective decision making. In response, GPA’s launched a detailed analysis of the IoT Security. This seminar will provide critical data, analysis and insight into the IoT Security IP Landscape, including:

  • An effective framework for understanding the patent landscape germane to the IoT Security
  • Scale of the patent space and number of relevant patents
  • An overview of the key patent holders
  • Key strategic technologies
  • Detailed Patent Scorecards for select players
  • Critical technical trends impacting IoT Security
  • Analysis of several portfolios
  • The positioning of select NPEs
  • Understanding the opportunity space: focus on authentication technology

01:00 pm
Roundtable Workshops

Four 15-minute round-tables discussions hosted by a topic expert.
Attendance is for in-house counsel only – except moderators)

  • Roundtable 1: "Unintended Consequences: What Patent Owners need to know about Nautilus, Octane, Highmark, and Alice"
    Phil Colburn, Co-Managing Partner, Cantor Colburn
  • Roundtable 2: "Damages and Design Patents"
    Larry Meier, Director, IP Chair, Downs Rachlin Martin
  • Roundtable 3: "Strategies to Avoid Willful Infringement Under the Evolving Standard for Willfulness"
    Mark Izraelewicz, Partner, Marshall, Gerstein & Borun LLP
  • Roundtable 4: "How Does a Patent Holder Value its Case Against You?"
    Greg Smith,
    Managing Director, Berkeley Research Group 

Click HERE for more information


03:00 pm
03:00 pm
Post Issuance Proceedings for 2017 and beyond: Defensive Perspectives

What will 2017 hold in store for Post Issuance Proceedings? The statistics have shift slightly to make PIP still favorable to the defendant, but not quite the patent killer that it was. 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 defending against NPEs
  • Pitfalls to avoid and strong strategies to employ
  • How should this fit into your overall litigation strategy?

04:00 pm

Cocktail Reception sponsored by:

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