AGENDA: Thursday - January 16, 2014

8.15 am
Opening Remarks
Defending Your IP – Evolution, Current Landscape and Future Trends

With the rise of trolls, the AIA and SHIELD Act – as well as the corporate IP leader's evolution from legal executive to business driver – defending your IP is critical to your organization's success.  Moreover, incorporating defense strategy into the overall IP plan is the foundation of future success.

This panel will look at:

  • Legislature & the Courts - AIA, Goodlatte, Post Gant Proceedings, recent rulings
  • Culture and trends - is there increased hostility towards IP, the new role of R&D
  • What shifts in strategy does the future hold?


The First Line of Defense: Early and Proactive Defense of Your IP

Operating companies face a double edge sword in today’s IP landscape– they must defend market share, protect their IP against rivals and other operating companies, as well as defending against NPEs. Corporations have moved to aggressive monetization models. Parallel with with this is the fact that the majority of IP infringement and litigation suits are brought on by NPEs.  Also, 1/3 of the IP NPE's own comes from other  operating companies. What are the early a proactive defensive strategies that can be employed to the protect your organization further down the road.

This panel will examine:

  • IP Generation - Research, searches, filings and applications
  • Working with Internal Teams - Sales/Marketing, R&D, building an infrastructure, & leadership
  • Strategy - landscape, structuring deals, social media, indemification



Defending Against NPEs

Operating companies face the reality and threat of NPEs: The majority of IP infringement and litigation suits are brought on by NPEs.  Every case is unique, but there is now enough experience to identify solid strategies that are highly effective in fending off patent trolls.

This panel will examine:

  • Enviroment & culture - views towards NPEs & IP
  • Know your  NPE – is it a Troll or OGRE, case histroy and trends.
  • Strategy - From opening demand to settlement
  • What do defendants find out too late or not prepare for

Post Issuance Proceedings – A Defensive Perspective

The AIA created three pseudo-litigation proceedings for challenging patents after issue: post-grant review, inter partes review, and CBM - as well as the new supplemental examination. The process is supposed to be faster and more streamlined, but what is the defensive perspective on these new post-issuance proceedings?

This panel will examine:

  • AIA so far – what is the feedback?
  • What are the defensive strategic implications of the new proceedings:
    o   Post-grant review
    o   Inter Partes Review
    o   CBM
    o   Supplemental examination

Preparing for Litigation & Trial

At some point you will be sued and brought into a patent litigation - proper preparation is vital. As the risks have increased over the last 5-10 years, there are more and more factors in being able to defend your IP and your organization: What should you expect, what is working, should you fight at all costs?

This panel will examine

  • Preparing for litigation - validaity of the case, internal challenges, e-discovery, strategy
  • Preparig for trial - working with outside counsel and experts, & cost structures
  • Witness analysis - story told through witnesses
  • How to press the advantage
  • How to bow out


Defending Against Infringement Claims from Operating Companies

More organizations are being charged with aggressive financial goals for their IP and larger companies routinely have enforcement division. IP is also being used strategically to block or protect market share, while litigation is used by rivals during M&A activity purely for a quick revenue hit. As a result, infringement claims from operating companies are rising. However, defensive strategies against other operating companies are very different from defending against NPEs. 

This panel will explore:

  • What to do when approached - engae and understand motivation
  • Understand legitimacy & exposure
  • Preparation of defense - buy time, use technical & personel resources, understand endgame
  • Defensive strategies - if sued, or if you have to settle, and enforcement strategies to expect?
  • Defenng against rivals - Portfolio Management as a defensive tool


The End Game - Settlement & Post-Trial Strategy

The majority of litigation ends in settlement, so having a clear objective and end game is essential during this later defensive stage.  As the process comes to a close, how can you strategically get the most "bang for your buck?"

This panel will explore:

  • Communicate early - See what they want
  • When should you settle and when should you stay the course?
  • After settling how can you protect the organization
  • If you win the case - what to be aware of
  • Ifyou lose  - how to limit your exposure

Building a Defensive Strategy

With more operating companies looking for increased revenue from their IP portfolio, the rise of NPEs, and sensational media coverage of IP litigation – the need for a well thought-out defensive strategy is a must have.

This panel will examine:

  • Portfolio evaluation - how strong is it and where is your exposure
  • How are you utlizing your IP - what sort of licensing/sales deals structures are in place
  • What is the competitive Landscapre
  • Who will you need to defend aganist - NPEs or Operating companies
  • Best strategies to implement