It is imperative that practitioners effectively manage their portfolios during times of economic and market uncertainty. Challenges are mounting - IP budgets are strained, portfolios are being restructured, and the scope of patent prosecution is shifting. Practitioners can effectively navigate these times by developing a strategy that will result in long-term ROI and exclude competitors from key markets. A fresh approach may be required as companies seek global expansion for growth opportunities. Practitioners are assessing whether monetization of patents may be the right tactic going forward as portfolio management has shifted during these uncertain times. As the environment continues to unfold and reshape the IP landscape, effective portfolio management will be key to maintaining a competitive advantage.

This panel will explore:

• Assessing the impact of the pandemic and creating strategies for a changing economic landscape
  • Adapting to rapid technological developments and competition
  • Effective data management
  • Maximizing ROI
  • Identifying factors indicative of a strong portfolio
• Developing ways to use resources to realign IP strategy
  • Competitive analysis
  • Strategically reevaluating your IP portfolio
    • Continuous portfolio assessments
    • Making key IP acquisitions and licensing agreements
    • Defending against threats
    • Generating revenue
• Preparing policies and resources in anticipation of future economic downturn and market uncertainty

Patent litigation is continuously in flux and incredibly complex. The demands of litigation require an effective strategy to remain consistent as the litigation landscape changes due to an uncertain environment. The economic downturn added more layers which resulted in growth in certain areas of IP litigation while other areas such as operating company litigation remained constant. On the defense side, organizations have sought to revise their strategies due to the rising cost of litigation, while still maintaining the freedom to develop and launch innovative new products.  Plaintiffs, on the other hand, have proven to be savvy, battle-tested, and ready to use international forums. Practitioners need to exercise caution on using PTAB proceedings while keeping an eye out for NPE litigation in other regions of the world.

This panel will explore:

• Determining whether defensive patenting is an effective strategy as companies aim for litigation avoidance through portfolio management
• Conducting freedom to operate searches and obtaining clearance opinions
• Preparing for international litigation or ITC
• Implementing a proactive defensive strategy:
• Exploring the roles of operating company and rivals
• NPE defense updates
• Clearing the confusion surrounding change at the PTAB

Following the success of Centerforce’s Journeys to Equity Podcast – we will be interviewing Diverse leaders in IP. In this interview we will talk with Christa Zado about:

1. Christa's Journey to becoming an Administrative Judge and the USPTO
2. How Judges prepare & misconceptions about presenting in front of the PTAB
3. The diversity initiatives at the USPTO & the Inclusive Innovation Program
4. LEAP program and getting more time of Oral Arguments
5. Updates and questions from the audience

Like it or not, the PTAB has had a tremendous impact on the patent landscape and continues to do so throughout 2020. The establishment of the PTAB has forever changed patent application drafting and prosecution, licensing dynamics, and enforcement strategies. Last year, the PTAB received more than 1,300 petitions, issued a similar number of institution decisions, and rendered nearly 500 final written decisions. Most of these petitions and decisions involved patents in co-pending district court litigation, with billions of dollars on the line.

Patent litigation counsel have been forced to consistently rethink the PTAB process. Efficiency and consistency within the PTAB appear to be increasing. 

This session will explore:

• State of the current IPR landscape:
• PTAB today – What do we know? What should you plan for? How has the pandemic impacted PTAB proceedings?
• Is the PTAB still cancelling claims at the same high rate?
• What is driving the uptick in stays by district courts?
• From a strategy perspective, what is the impact of the BRI to Phillips switch
• Are motions to amend claims an effective tool?
• Do precedential opinions by the PTAB provide meaningful guidance to practitioners?
• Are design patents treated differently than utility patents?
• Has the business case changed for IPRs?
• Cost, Resource Allocation – Impact on the business

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:

• Benchmarking the current landscape:
• Areas of risk: Impact of the global pandemic, exiting employees, cyber-attacks, employees working from home, global expansion, reduced patenting activity
• DTSA
• Current case law
• Going beyond ticking boxes – What are effective trainings and policies?
• When there is a breach – how do you control the damage?
• What strategies should be implemented to prepare for the next wave of economic uncertainty?

Roundtable 1: Effectively Managing your International Patent Portfolio
Victoria Friedman, Managing Partner, Dennemeyer & Associates LLC

Roundtable 2: Brand Protection and Your Trademark Strategies in a Global Marketplace
Puja Detjen, Partner, Patterson + Sheridan

Roundtable 3: What Should We Expect from our Legal Teams (internal and external) in Relation to Diversity and Social Responsibility?
Freddy Thiel, VP of San Francisco Liaison Office, Kilburn & Strode LLP
James Snaith, Associate, Kilburn & Strode LLP

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.