58th Annual Conference On Intellectual Property Law

Overview

Details for connecting to the virtual conference will be sent after you register.

Conference Co-Chairs

Evelyn Chen
Director
Ericsson Inc.
Plano, Texas

Christopher T. Blackford
Partner
Finnegan, Henderson, Farabow,
Garrett & Dunner, LLP
Washington, DC

Module Chairs

• $395.00 Regular Registration Fee ($435.00)
• $315.00 ILT Supporting or Sustaining Member Employee ($355.00)
• $315.00 DBA IP Section New Lawyers’ Committee Member ($355.00)
• $315.00 DFW Women in IP Group Member ($355.00)
• $315.00 AIPLA Member ($355.00)
• $315.00 Government Employee ($355.00)
• $315.00 Non-Profit Employee ($355.00)
• $315.00 Academic Employee ($355.00)
• $100.00 U.S. Law Student ($140.00)
• $0.00 DFW Women in IP Group Member - I will attend only the November 9th, 7:45 a.m. (Central Time), session presented by Women in IP.

Schedule and Faculty

Monday, November 9

7:45 - 8:30 am

Early Morning Session: Presented by Women in IP – Dance Like Nobody’s Watching: How To Create An Inclusive Work Environment To Foster Growth Of A Diverse Workforce (Legal Ethics: 45 minutes)

• Danielle Healey, Fish & Richardson, Houston, Texas
• Tristan Higgins, Metaclusive, LLC, San Diego, California

A discussion on the elimination of bias in the workplace, and how to create a workplace that encourages the retention of a diverse work force who can further contribute to the health of the organization, including how to obtain and report aspects and impacts of diversity while respecting your employees’ privacy.

8:45 am

Welcome from the Co-Chairs

• Christopher Blackford, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC
• Evelyn Chen, Ericsson Inc., Plano, Texas

9:00 am

Transition Break

MORNING

Module Chairs: Ozz Siddiq, Lennox International, Richardson, Texas and Dr. Clint Wilkins, Haynes and Boone, LLP, Richardson, Texas

9:05 am

Patent Year in Review (60 minutes)

• Gale R. “Pete” Peterson, Law Offices of Gale R. Peterson, San Antonio, Texas

10:05 am

Transition Break

10:10 am

Copyright Year in Review (30 minutes)

• Thomas Maddrey, Maddrey PLLC, Dallas, Texas
• Madeleine Shroyer, Maddrey PLLC, Dallas, Texas

10:40 am

BREAK

11:00 am

Trade Secret Update (30 minutes)

• Austin Teng, Thompson & Knight LLP, Dallas, Texas

11:30 am

Transition Break

11:35 pm

Trademark Update (45 minutes)

• Alexandra (Alex) H. Bistline, Pirkey Barber, Austin, Texas
• Sara K. Borrelli, Jackson Walker, Dallas, Texas

12:20 pm

Break & Lunch On Your Own

MIDDAY JUDGES PANEL

12:40 pm

Judges Panel (60 minutes)

In this panel discussion, U.S. District Court judges will discuss evolving issues and trends in patent litigation, and provide insight into what they view as the most frequent missteps made by attorneys appearing before them.

Moderator: Stephanie DeBrow, Norton Rose Fulbright, Austin, Texas

Panelists:

• The Hon. Alan Albright, U.S. District Court Western District of Texas, Waco, Texas
• The Hon. Cathy Bencivengo, U.S. District Court Southern District of California, San Diego, California

1:40 pm

BREAK

AFTERNOON

Module Chairs: Debera Wells Hepburn, Goldman Sachs, Dallas, Texas and Stephen Kabakoff, Miller & Martin PLLC, Atlanta, Georgia

2:00 pm

Licensing: Covid-19 Impact (45 minutes)

An unprecedented amount of technology is being directed to provide medical solutions and to direct community response to the COVID-19 pandemic. This presentation will discuss the initiatives undertaken by different stakeholders in the innovation ecosystem controlling the relevant technologies. We will specifically discuss the various licensing schemes available to access these technologies, including the Open COVID Pledge, Open COVID-19 Declaration, COVID-19 Technology Access Framework, Medicines Patent Pool, corporate “free” licenses, and compulsory licensing.

• Dr. Karthika Perumal, Womble Bond Dickinson (US) LLP, Houston, Texas

2:45 pm

Transition Break

2:50 pm

Data Privacy for the IP Lawyer (Legal Ethics: 45 minutes)

Intellectual property and data privacy are two different fields of expertise. But IP lawyers are often expected to know the basics of data privacy because it relates to information-centric activities such as licensing, data collection, and intangible asset transfers. This presentation will provide an overview of data privacy laws such as the California Consumer Privacy Act to help IP lawyers meet their ethical duty of competence as well as discuss the ethical obligations of counsel to maintain the privacy of client information.

• Devika Kornbacher, Vinson & Elkins LLP, Houston, Texas

3:35 pm

BREAK

3:55 pm

In-house Counsel Panel: Navigating The Unexpected (60 minutes)

Since the COVID-19 pandemic began earlier this year, many in house counsel have faced unprecedented challenges impacting their daily responsibilities. These in-house panelists, from various industries, will share their unique and common experiences. With flexibility being one of the common themes, the panelists will discuss how they have addressed these new obstacles with creativity and innovation.

Moderator: Debera Wells Hepburn, Goldman Sachs, Dallas, Texas

Panelists:

• Dr. Andrew Dennis, MD Anderson Cancer Center, Houston, Texas
• Mark J. Gorman, Smith + Nephew, Memphis, Tennessee
• Richard Yuen, Phillips 66 Company, Houston, Texas

4:55 pm

Transition Break

5:00 pm

Remote Advocacy: New Lawyering Skills Through the Eyes of a Neutral (45 minutes)

Mediations, arbitrations, motion hearings, claim construction hearings, trials, and appeals – they all have been affected by COVID-19 and we are not going back. Advocates and decision makers alike can still do everything they previously did in person; now, it’s just done on a small screen when participating in remote proceedings. From technical considerations to broad public policy issues, we will try to get you comfortable and motivated to adopt remote advocacy.

• Karl Bayer, Karl Bayer - Mediator, Arbitrator & Court Master, Austin, Texas

5:45 pm

BREAK

6:05 pm

A Fireside Chat: USPTO vs COVID (30 minutes)

Hope Shimabuku is moderating a fireside chat with Director Iancu. Topics will include the National Council for Expanding American Innovation, importance of expanding American innovation and its role in the U.S. economy, USPTO’s response to COVID-19, and innovation during the pandemic.

• Director Andrei Iancu, United States Patent and Trademark Office, Alexandria, Virginia
• Regional Director Hope Shimabuku, United States Patent and Trademark Office, Dallas, Texas

6:35 pm

Recess & Transition to Virtual Networking Session

Tuesday, November 10

7:30 - 8:30 am

Early Morning Session, presented by the Young Lawyers Committee of the Dallas Bar Association’s Intellectual Property Section - Intellectual Property Trivia IV (60 minutes)

This session will test your intellectual property knowledge in a friendly competition, while also learning interesting IP facts. Topics will cover patents, trademarks, copyright, trade secrets, USPTO, and IP in pop culture.

• Craig Carpenter, Thompson & Knight LLP, Dallas, Texas
• Austin Champion, Harper Bates & Champion LLP, Dallas, Texas
• Mery Y. Pimentel, Susan G. Komen, Dallas, Texas

PATENT PROSECUTION AND PATENT LITIGATION—CONCURRENT TRACKS

PATENT PROSECUTION

Module Chairs: Marylauren Ilagan, Mary Kay Inc., Addison, Texas and Brian K. Jarman, Barnes & Thornburg, LLP, Indianapolis, Indiana

9:00 am

What You Need to Know Now about Patents @ USPTO (30 minutes)

Introduction by Hope Shimabuku, USPTO - Texas Regional Office, Dallas, Texas

• Commissioner Drew Hirshfeld, USPTO, Washington, DC

PATENT LITIGATION

Module Chairs: Megan LaDriere, Baker Botts L.L.P., Dallas, Texas and Henry Leon "Lon" Outland, III, AT&T Services, Inc., Dallas, Texas

9:00 am

Navigating Your IP Rights at the ITC and Beyond (45 minutes)

The presentation will focus on what litigants at the ITC should be aware of as they navigate through an ITC Section 337 investigation.  The panel will address the recent developments at the Commission, including the Commission’s handling of its 337 investigations in light of the Covid-19 pandemic, as well as the strategy and timing of adjudicating redesigned products.

• Lisa Kattan, Baker Botts, Washington, DC
• Syed K. Fareed, Baker Botts, Austin, Texas

9:45 am

Transition Break

9:50 am

Remote Litigation Practices: What Works and What is here to Stay (30 minutes)

While we are all hopeful that the pandemic-driven need for remote proceedings ends as quickly as possible, what can we learn from this unprecedented time in litigation? This presentation covers tips learned from remote depositions, hearings, and trials that litigators should incorporate into their practices going forward.

• Stephanie Sivinski, Haynes and Boone L.L.P., Dallas, Texas

10:20 am

BREAK

10:40 am

Presenting Complex Patent Cases to Juries (45 minutes)

Patent jury trials have their own set of complexities and complications. Therefore, they require the utmost in advocacy through the art of persuasion, analogy and conviction with the goal of making the verdict obvious to the jury.

• E. Leon Carter, Carter Arnett, Dallas, Texas

11:25 am

Transition Break

11:30 am

Book of Wisdom Refresher and What Implications COVID May Have on the Book of Wisdom (45 minutes)

COVID-19 has impacted business and industries in various and significant ways.  Join us for a lively discussion of the intersection of law, damages, and valuation principles in the current COVID-19 environment.  From Fromsen to today, we will address perspectives from the bench, outside counsel, and experts on damages claims including, the reliance on pre- and post-negotiation data, foreseeability, known and knowable events, and the usefulness of discount rates to account for unprecedented economic challenges.

Moderator: David Leathers, Alvarez & Marsal, Houston, Texas

Panelists:

• Thomas Reger, Fish & Richardson, Dallas, Texas
• Elizabeth Dean, Alvarez & Marsal, San Francisco, California
• The Hon. Kimberly C. Priest Johnson, U.S. District Court, Eastern District of Texas, Plano, Texas

12:15 pm

Break & Lunch On Your Own

12:35 pm

Midday In-House Counsel Panel - How Outside Counsel can Help In-house Counsel Navigate Through the Unexpected (60 minutes)

The role of in-house counsel continues to transform to meet new challenges with respect to the COVID-19 crisis, an increasingly global economy, financial uncertainty, and continually-changing new technologies.  Learn how outside counsel can help and empower in-house counsel face these new challenges head on.

Moderator: Ebby Abraham, Texas Instruments Inc., Dallas, Texas

Panelists:

• Tim Dyll, AT&T, Dallas, Texas
• Ozz Siddiq, Lennox International, Richardson, Texas
• Chris Storm, Uber Technologies Inc., Pittsburgh, Pennsylvania

1:35 pm

BREAK

AFTERNOON

Module Chairs: Gunnar Heinisch, Toyota Motor North America, Inc., Plano, Texas and Benjamin B. Kelly, Baker & McKenzie LLP, Dallas, Texas

1:55 pm

IP Due Diligence Panel (45 minutes)

The panel discussion will cover: IP due diligence in the COVID-Era, how if at all has it changed? In that context, we will discuss requesting information, using checklists and being mindful of potential privilege issues. The panel will transition to the depth with which to review collected information in the due diligence investigation, from a shallow dive to a deep dive depending on what the project demands. Finally, the panel will cover the form of deliverables, including the due diligence report or opinion and input on the transaction agreement, such as proposing certain representations and warranties.

Moderator: Bryan C. Diner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Panelists:

• Heiko E. Burow, Baker & McKenzie LLP, Dallas, Texas
• Jayne Piana, BP Legal, Houston, Texas
• Daryl Wright, Traxxas LP, McKinney, Texas

2:40 pm

Transition Break

2:45 pm

Open Source & Standards (45 minutes)

One aspect of intellectual property that is frequently under-explored is how our clients can collaborate with others to create value. This session explores two common methods of collaborating: participating in standards processes and engaging with open source.

• Van Lindberg, Taylor English, San Antonio, Texas
• Jim Harlan, InterDigital, Washington, DC

3:30 pm

BREAK

3:50 pm

IP and Bankruptcy (30 minutes)

This presentation covers the basics of intellectual property issues in commercial bankruptcy cases.  In addition to discussing the basics of Chapter 11 and Chapter 7 bankruptcy law, the presentation discusses the treatment of intellectual property rights under the Bankruptcy Code and issues that may arise as to property and contractual rights of licensees and licensors.  The presentation concludes with a brief discussion of valuation of I.P. assets in the bankruptcy context.

• Holland (Holly) N. O’Neil, Foley & Lardner, LLP, Dallas, Texas

4:20 pm

Transition Break

4:25 pm

Arthrex Implications (30 minutes)

Learn the latest developments regarding Appointments Clause challenges to proceedings before the US Patent & Trademark Office following the Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc.  This presentation will provide an overview of Arthrex, key decisions following the Federal Circuit’s decision, the state of play before the Supreme Court and Congress, and potential implications for you and your clients.

• Sharon A. Israel, Shook, Hardy & Bacon L.L.P., Houston, Texas

4:55 pm

Transition Break

5:00 pm

Ethics (Legal Ethics: 60 minutes)

In the last year, the patent system has been plagued with new inequitable conduct cases. As we all know, such findings go to the heart of ethics and can have disastrous consequences both for the patent owner and her attorneys/patent agents. We will also examine Supplemental Examinations occurring since we last met to see how Patent Owners have used the AIA Supplemental Examination to car wash their patents before litigation.

• Tom Irving, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

6:00 pm

Adjourn

Testimonials

• Good substantive discussions on relevant IP topics
• I liked best “The quality of information provided by the speakers”
• Good content with different options for prosecution + litigation practitioners
• It's a one-stop shop for CLE of actual use in my patent prosecution practice

2019 Conference Attendees

CLE Credit

Texas Course Number 174102414. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 16.5 credit hours, of which 2.5 credit hours will apply to ethics/professional responsibility credit.

This online program has not been approved for MCLE credit in any other jurisdictions at this time. If requested by attendees, ILT will request accreditation in California, New Mexico, Ohio, Oklahoma, Pennsylvania and West Virginia. Some of these states may not approve a program for credit hours before the program occurs and the amount of credit granted may differ.

MCLE credit will not be requested in any other jurisdiction, but attendees may be able to obtain credit in other jurisdictions by self-applying for credit or through reciprocity rules. ILT conferences are typically accredited by all mandatory CLE states, but MCLE rules, including rules governing online programs, vary in each jurisdiction. Certain programs, subjects, and formats may not receive credit in certain jurisdictions and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. Please review the MCLE regulations and rules of your jurisdiction and contact your regulatory entity if you have specific questions about the jurisdiction’s MCLE rules.

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