AGENDA: Wednesday, April 18, 2018

07:30 AM
08:30 AM
Prosecution and Portfolio Management: International Growth & Domestic Uncertainty

A changing U.S. and international prosecution landscape is forcing patent owners to manage their portfolios with a renewed defensive imperative. Domestically, the PTAB has forced all patent owners to up the ante with quality patents - which raises the litigation stakes. Internationally, China’s patent system is becoming friendlier to patentees with a surge in filings and increasingly consistent enforcement laws. In Europe, Brexit and the Unified Patent Court require due diligence and vigilance for US companies. How to build a cost effective strategy that balances all these moving parts?

This panel will explore:

  • What is the domestic landscape for filings?
  • Why the increase in Utility Patents?
  • Overview of the current international landscape
  • How do you build a portfolio to hedge a changing landscape?
  • What has been the impact of the recent push to quality?

09:15 AM
Litigation Trends in 2018 and Beyond: Defensive Perspective

Even though patent lawsuits are trending down, 2018 could bring profound change within the main litigation options - and impact your defense strategy. The immediate fallout from the TC Heartland case is a shift of lawsuits away from Texas towards Delaware and California. Meanwhile, the PTAB could see a big shakeup with a new USPTO director and the Supreme Court ruling on key cases Oil States and SAS. While the ITC has seen an uptick as it provides a speedy and effective enforcement option. What does a smart defensive playbook look like in 2018?

This panel will explore:

  • TC Heartland – repercussion so far:
    • Regular and established place of business
    • Multi-District Litigation
  • ITC increased prominence for bigger cases
  • PTAB
    • Burden of proof
    • Oil States & SAS

10:00 AM
2018: A Year of Change for Post Issuance Proceedings?

This year, the rules of IP may be rewritten for the second time in less than a decade. The Supreme Court will be weighing in on IPRs’ very constitutionality and scope. Patent owners such as universities and famously Mohawk/Allergen have looked to utilize Sovereign Immunity as a strategy to avoid IPR which has caused concern in both the legislature and IP landscape. What’s the potential scope and impact of these changes? How to build optionality into your strategy?

This panel will explore:

  • State of the current IPR landscape
  • Sovereign immunity: new trend university Mohawk
  • Planning strategic optionality around:
    • Oil States case
    • SAS
  • Motions to stay and Estoppel
  • How to change or evolve your strategy
  • Best practices in front of the USPTO

10:45 AM
11:25 AM
The Turning of the Tide: Defensive Litigation Strategies

With the uncertainty clouding IP litigation and a clear shift back towards patent owners, operating companies need to adapt their defensive litigation strategy. This change may embolden operating companies to more aggressively enforce and push battle-hardened NPEs to become more active. What can operating companies do to prepare for the changing landscape and a pending Supreme Court decision that could fundamentally disrupt IP strategy?

This panel will examine:

  • How to strategically avoid IP litigation
  • Preparing for a changing landscape
  • Operating company vs operating company strategies
  • A review of NPE activity and strategy
  • International defense

12:10 PM
Case Study - Samsung v. NVIDIA: Against All Odds. How do you try – and win – a tough and complex patent case?

Samsung sued NVIDIA in the Eastern District of Virginia, a notorious rocket docket, on eight separate patents. Julie and her team from Latham & Watkins fought back hard, and one by one, Samsung dropped its patents. By the time the trial started, there were only three left. By the time the trial ended, there was just one – and the jury took just one day to reject Samsung’s claims.

12:40 PM
Case Study - Bullet-proofing your European Patent Strategy

Leading with a cautionary real-life tale, Chris Tunstall and John Brunner from the European firm, Carpmaels & Ransford, will provide some unique insights for US companies looking to acquire patents and deploy them in Europe. Touching on patent drafting, prosecution and post-grant opposition and litigation procedures, this session will highlight avoidable pitfalls. It will be invaluable for those looking to bolster their European patent portfolio with some straightforward changes in approach.

01:30 PM
02:30 PM

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

Roundtable 1: 'Unintended Consequences of Nautilus, Highmark, Octane & ALICE for Patent Owners'
Phil Colburn, Co-Managing Partner, Cantor Colburn

Roundtable 2: 'Trade Secrets'
Thomas Fitzpatrick, Partner, Pepper Hamilton

Roundtable 3: 'After the Final Rose: You’ve “Settled” Your Case, Now What?'
Travis Jensen, Partner, Orrick

Roundtable 4: 'IP Litigation in China: How to Defend and Protect Your Patents in Today’s China'
James Zhu, Ph.D., Partner, JunHe LLP

Roundtable 5: 'Leveraging the PTAB for an Efficient Defense'
Byron Pickard, Director, Litigation Group, Sterne, Kessler, Goldstein & Fox

Click here for more info.

04:10 PM