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AGENDA: Tuesday, June 13, 2017

07:30 AM
08:30 AM
The “New Normal”: A Push to Quality in Prosecution and Portfolio Management

Quality patents are the only way forward in your filings and portfolio in today's post AIA landscape. To overcome legal and business challenges companies must be more thorough in core elements like portfolio management, patent prosecution and resource allocation. Meeting these fundamental shifts means counsel must go beyond the standard clearance efforts and engage stakeholders at all levels of the organization to achieve a fully aligned patent strategy.

This panel will explore:

  • Portfolio management and alignment to core organization goals
  • Developing a more sophisticated patent prosecution strategy
  • Portfolio evaluations: Due diligence, market competitiveness and internal analysis
  • People, process and resource coordination

09:20 AM
CASE STUDY: Defending your IP in 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

10:10 AM
10:50 AM
NPE Defense: 'It Depends' is Not a Strategy

Life is getting more complicated for NPEs, but don't expect them to go away. The AIA, and IPR more specifically, have slowed down NPE litigation. The recent TC Heartland LLC v. Kraft Foods Group Brand LLC case, will further complicate matters for NPEs by making it harder for plaintiffs to get favorable venues such as the Eastern District of Texas. However, even with the slowdown in litigation, NPE activity is back to 2011 levels. NPEs have added a new target - mid market firms that are more stressed by patent litigation. With an understanding that they will face IPRs and a more challenging environment, NPEs are also getting better patents and enforcing with more sophistication.

This panel will explore:

  • What is the current NPE landscape?
  • Views on TC Heartland LLC v. Kraft Foods Group Brand LLC
  • How does this impact strategy and planning?
  • Dealing with "ankle biters"
  • How to keep Ogres, and well-funded sophisticated NPEs away?

11:40 AM
Going to Trial as a Defendant

Even in this pro-defendant landscape, going to trial is risky and expensive both in resources and financially. Success in the courtroom is dependent on commitment from the entire team, the right law firm and litigator, clear business outcome, a solid strategic plan and thorough preparation.

This panel will explore:

  • Preparation strategies
  • Internal communication, goal setting & resource alignment
  • How to gain management buy-in: Making the business case
  • Witness preparation and developing the story
  • Best practices and lessons learned

12:30 PM
12:35 PM
LUNCH 'N' LEARN: Effectively Utilizing IPRs As Part of Your Invalidity Defense

IPRs have emerged as a very potent tool in a corporation's invalidity defense strategy. Available data confirm a very high early success rate using IPRs to challenge patents across a wide range of sectors. However, IPRs have run into headwinds as patent holders become more skillful blocking validity challenges at the PTAB. Recent cases highlight failed outcomes due to challenges to the authentication and accessibility of the prior art, failure to properly address every single limitation, inherency, etc. This seminar will review success rates of IPRs by sector, key issues undermining reliance on this critical IP strategy, and lessons for guiding the effort to achieve high success.

01:45 PM

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

  • Roundtable 1:'Life in a Post-TC Heartland World'
    Bryan Kohm, Partner, Litigation, Fenwick & West
  • Roundtable 2: 'PTAB Appeals to the Federal Circuit: Lessons Learned'
    Byron Pickard,  Director & Co-Chair Litigation Group, Sterne Kessler
  • Roundtable 3: 'Competitive Intelligence: Efficient Ways to Monitor Your Environment'
    Christine Michel Lentz, Account & Bus. Dev. Executive, Questel
  • Roundtable 4: 'Litigating Willful Patent Infringement and Damages Risk after Halo v. Pulse Electronics'
    Robert Kramer, Co-Chair Patent Litigation, Partner, Dentons

Click here for details.

03:05 PM
03:35 PM
Enforcement as an Operating Company

IPRs have made patent enforcement a tougher and more complex undertaking. Nevertheless, it remains a crucial tool in safeguarding the essential business assets that are patents. You have to understand what’s in your portfolio, the capabilities of the opposition and most importantly be ready to face an IPR. Successful enforcement requires communication across the organization as well as buy-in from high level decision makers.

This panel will explore:

  • The keys to litigation success: Prepare to succeed or prepare to fail
  • Engaging outside counsel & managing costs
  • Reevaluating and updating IP enforcement plans
  • Running more in-depth due diligence
  • Allocating and managing resources

04:25 PM
The Evolution of Post Issuance Proceedings Strategy

Running a successful IPR demands greater sophistication from all stakeholders. Patent owners are adapting to the tougher enforcement landscape and petitioners still have great odds of being successful. Judges have also adapted and seem to have evolved their thinking and process. As both petitioners and patent owners gain more experience and in-house and outside counsel gain more sophistication - this is a great opportunity to benchmark the evolution of Post Issuance Proceedings (PIP).

This panel will explore:

  • Where are PIP heading next? What does the environment look like?
  • Hazards to avoid and PIP best practices
  • How could you transform your litigation strategy?
  • Future trends and crucial lessons learned

05:15 PM
Ethics in Intellectual Property

This session outlines various ethical issues in intellectual property. Participants will explore ethics in leadership, business, ethical frameworks as well as various ethics examples and issues that occur in an intellectual property heavy environment; including but not limited to internal ethics processes, regulations and legal mandates.

06:15 PM