59th Annual Conference On Intellectual Property Law

Overview

Larry Bassuk, Vice Chair of the Institute for Law & Technology’s Advisory Board, has recommended the event to his colleagues for the past 30 years. “It’s a one-of-a-kind conference in North Texas. It brings together law and technology, business and legal people from major markets of the world with quality presentations and insights. It’s a cost-effective way to expand knowledge and meet our CLE requirements as well.”

We have pivoted!  This will be a live webinar with a virtual networking event at the end of Day 1 for participants and faculty. 

Please check back on our website before the conference for any updates.

Details for connecting to the virtual conference will be sent shortly before the conference.

Conference Co-Chairs

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

Dwayne C. Norton
Managing Counsel
Toyota Motor North America, Inc.
Plano, Texas

Module Chairs

• $395 - Regular Registration Fee
• $315 - ILT Supporting or Sustaining Member Employee
• $315 - DBA IP Section New Lawyers’ Committee Member
• $315 - Women in IP Group Member
• $315 - AIPLA Member
• $315 - Full-time Government Employee
• $315 - Full-time Academic Employee
• $315 - Full-Time Non-Profit Employee
• $200 - U.S. Attorneys & IP Professionals Licensed or Employed 3 Years or Less in this Practice Area
• $75 - Full-Time U.S. Law Student
• $0 - DFW Women in IP Group Member - I will attend only the November 8th, early morning session (@7:30 a.m. Central Time) presented by Women in IP

Schedule and Faculty

All times are shown in Central Time

Monday, November 8

7:45 – 8:30 AM

Early Morning Session: Presented By Women In IP: Ethics in Negotiations (Legal Ethics: 45 minutes)

• Danielle “DJ” Healey, Fish & Richardson, Houston, TX
• Jayme Partridge, Fish & Richardson, Houston, TX

8:45 – 9:00 AM

WELCOME FROM THE CO-CHAIRS

• Christopher T. Blackford, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC
• Dwayne C. Norton, Toyota Motor North America, Plano, TX

9:00 – 9:05 AM

Transition Break

Module Chairs: Brianna Hinojosa-Smith, YUM! Brands, Plano, TX and Jayne Piana, Fletcher Yoder, P.C., Houston, TX

9:05 – 9:35 AM

A Fireside Chat With Regional Director Hope Shimabuku (30 minutes)

• Hope C. Shimabuku, United States Patent and Trademark Office – Texas Regional Office, Dallas, TX
• Dwayne C. Norton, Toyota Motor North America, Plano TX

Dwayne Norton is moderating a fireside chat with Regional Director Shimabuku. Topics will include the Administration and USPTO initiatives.

9:35 – 9:40 AM

Transition Break

9:40 – 10:40 AM

Patent Year In Review (60 minutes)

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

10:40 – 10:45 AM

Transition Break

10:45 – 11:15 AM

Copyrights – Fallout From The 2020–2021 Supreme Court Term (30 minutes)

• Kirby B. Drake, Kirby Drake Law PLLC, Dallas, TX

11:15 – 11:30 AM

BREAK

11:30 – 12:00 PM

Trade Secret Update (30 minutes)

• Tim Hudson, Holland & Knight LLP, Dallas, TX

12:00 – 12:05 PM

Transition Break

12:05 – 12:35 PM

Trademark Update (30 minutes)

• Sara K. Borrelli, Jackson Walker LLP, Dallas, TX

12:35 – 1:05 PM

BREAK & LUNCH ON YOUR OWN

1:05 – 2:05 PM

Judges Panel (60 minutes)

Moderator: Megan LaDriere White, Baker Botts L.L.P., Dallas, TX

Panelists:

• Chief Judge Barbara M. G. Lynn, United States District Court for the Northern District of Texas, Dallas, TX
• The Hon. Amos L. Mazzant, III, United States District Court for the Eastern District of Texas, Sherman, TX

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

2:05 – 2:20 PM

BREAK

Module Chairs: Marylauren Ilagan, Mary Kay Inc., Addison, TX and Stephen E. Kabakoff, Miller & Martin PLLC, Atlanta, GA

2:20 – 3:20 PM

What IP Lawyers Need To Know About Blockchain Including NFTs (Non-Fungible Tokens) (60 minutes)

• Peter S. Vogel, Foley & Lardner LLP, Dallas, TX

Blockchain is the underlying technology that is changing business around the world and supports Cryptocurrencies and NFTs. As more IP is created using NFTs, it is imperative that IP lawyers understand the significant technology and legal issues.

3:20 – 3:25 PM

Transition Break

3:25 – 4:25 PM

TRIPS Waiver Of IP Rights (60 minutes)

Moderator: Sharon A. Israel, Shook, Hardy & Bacon L.L.P., Houston, TX

Panelists:

• Dean Baker, Center for Economic and Policy Research (CEPR), Washington, DC
• Hans Sauer, Biotechnology Innovation Organization (BIO), Washington, DC
• Antony S. Taubman, World Trade Organization, Geneva, Switzerland

A discussion of TRIPS waiver of IP rights relating to vaccines and treatments versus compulsory licensing.

4:25 – 4:30 PM

Transition Break

4:30 – 5:15 PM

AI For IP Lawyers (45 minutes)

Moderator: Justice John G. Browning, Spencer Fane LLP, Plano, TX

Panelists:

• Stephanie M. Curcio, Legalicity (NLPatent), Toronto, Canada
• James B. Devaney, Shook, Hardy & Bacon L.L.P., Denver, CO
• Jerry Z. Ma, United States Patent and Trademark Office, Alexandria, VA

This panel will discuss the various ways in which artificial intelligence (AI) is impacting IP, and vice versa. AI tools, for example, can assist in the issuance and management of intellectual property rights, while IP itself provides a regime for the protection of AI; meanwhile, IP rights are frequently cited as an obstacle to the transparency of AI systems.

Among the topics this panel will examine is the USPTO’s approach to responsibly deploying AI systems and to managing AI’s implications for the IP ecosystem. The panel will highlight some recent advancements in AI technologies, discuss how tools leveraging AI may impact IP practice today, tomorrow, and into the future, and will suggest practical tips to consider when adopting such tools. Finally, the panel will discuss the cutting-edge topic of AI and the concept of inventorship. Around the world, different IP offices and courts have reached opposing conclusions on AI's eligibility to be named as an inventor.

What does the future hold for AI and IP? View this thought-provoking panel discussion and see!

5:15 – 5:30 PM

Overview of Tomorrow and Closing Remarks

5:30 PM

VIRTUAL NETWORKING/SOCIAL SESSION

Tuesday, November 9

7:45 – 8:45 AM

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

• Jeff Becker, Baker Botts L.L.P., Dallas, TX
• Reshaun Finkley, Townsend & Lockett, PLLC, Dallas, TX
• Bethany R. Salpietra, Baker Botts L.L.P., Dallas, TX

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.

8:45 – 9:00 AM

WELCOME AND OVERVIEW FROM THE MODULE CHAIRS

PATENT PROSECUTION AND PATENT LITIGATION—CONCURRENT TRACKS

PATENT PROSECUTION

Module Chairs: Ozz Siddiq, Lennox International, Richardson, TX and Juanita DeLoach, Ph.D., Barnes & Thornburg, LLP, Dallas, TX

9:00 – 9:45 AM

Opinions Of Counsel: Tips & Tricks (45 minutes)

• Jose C. Villarreal, Perkins Coie LLP, Austin, TX

This presentation will cover patent opinions of counsel, from the reasons behind obtaining an opinion of counsel, to the changing law of willful infringement and enhanced damages, and the implications of waiving privilege associated with the opinion. All these concepts will be presented in the historical context of Supreme Court, Federal Circuit and District Court decisions from 1983 to the present time.

9:45 – 9:50 AM

Transition Break

9:50 – 10:20 AM

Design Patent Protection: Prosecution & Claiming Strategies (30 minutes)

• Christopher V. Carani, McAndrews, Held & Malloy, Ltd., Chicago, IL

In the wake of the world-wide battle royale between consumer tech titans Apple and Samsung, design rights have continued to capture the attention of designers and companies the world over. The session will include insights on how to protect and enforce rights in the appearance of products using designs patents.

10:20 – 10:35 AM

BREAK

10:35 – 11:20 AM

Preparing & Prosecuting Applications To Defeat 101 Challenges (45 minutes)

• Ira S. Matsil, Slater Matsil, LLP, Dallas, TX

The inconsistent application of the law of patent eligible subject matter has created confusion and uncertainty. This presentation will look at how this law has evolved and how to draft patent applications with an eye toward how the uncertainty might be resolved. We’ll also look at how some recent successes to figure out how to respond to rejections in the meantime.

11:20 – 11:25 AM

Transition Break

11:25 – 12:10 PM

The Goldilocks Approach To Patenting: Ensuring Proper Scope While Reducing The Risk Of Invalidation, Design Arounds, Divided Infringement, And Unanticipated Claim Interpretations (45 minutes)

Module Chairs: Henry Leon "Lon" Outland, III, AT&T Services, Inc., Dallas, TX and Jennifer Estremera, Reichman Jorgensen Lehman & Feldberg LLP, Redwood Shores, CA

9:00 – 9:45 AM

Assignor Estoppel: The Aftermath Of Minerva V. Hologic (45 minutes)

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

At the end of last term, the Supreme Court issued its decision in Minvera Surgical, Inc. v. Hologic, Inc., 141 S. Ct. 2298 (2021), upholding the doctrine of assignor estoppel, but limiting its application. Given that virtually every patent and application involves an assignment of rights, this decision has broad impact for those procuring and enforcing patents, and for those challenging a patent’s validity. Learn about the ins and outs of the Supreme Court’s decision and its potential impact on our practices.

9:45 – 9:50 AM

Transition Break

9:50 – 10:20 AM

Venue & Mandamus Update (30 minutes)

• Michael D. Karson, Winstead PC, Dallas, TX

Patent venue issues on the mandamus docket of the United States Court of Appeals for the Federal Circuit have increased in recent years. This presentation will examine certain of the exceptional circumstances that the Court has found to justify mandamus and explore the ongoing viability of that extraordinary remedy as the contours of In re Cray are clarified.

10:20 – 10:35 AM

BREAK

10:35 – 11:20 AM

IPRs In View Of Co-Pending Proceedings (45 minutes)

• Bridget Smith, Lowenstein & Weatherwax LLP, Los Angeles, CA

11:20 – 11:25 AM

Transition Break

11:25 – 12:10 PM

Recent Developments In 337 Litigation At The ITC (45 minutes)

• Christine E. Lehman, Reichman Jorgensen Lehman & Feldberg LLP, Washington, DC
• Daniel L. Girdwood, Samsung Electronics, Washington, DC

The ITC has remained a busy and important forum for intellectual property litigation through the Covid-19 pandemic. This panel will discuss recent changes to staffing at the ITC, as well as newly proposed legislation seeking to make changes to the ITC. There will also be a discussion of recent notable cases.

12:10 – 12:40 PM

BREAK & LUNCH ON YOUR OWN

12:40 – 1:40 PM

In-House Counsel Panel (60 minutes)

Moderator: Gunnar Heinisch, Toyota Motor North America, Plano, TX

Panelists:

• Brie L.B. Buchanan, Relay Payments, Atlanta, GA
• Brianna Hinojosa-Smith, YUM! Brands, Plano, TX
• Hannah Kim, Neiman Marcus Group

Master of none? How practice areas expand when you go in-house – challenges, insights, and lessons learned.

1:40 – 1:55 PM

BREAK

Module Chairs: Debera Wells Hepburn, Goldman Sachs & Co. LLC, Dallas, TX and Dr. Clint Wilkins, Haynes and Boone, LLP, Plano, TX

1:55 – 2:40 PM

Brand Enforcement Programs (45 minutes)

Moderator: Debera Wells Hepburn, Goldman Sachs & Co. LLC, Dallas, TX

Panelists:

• Theresa Conduah, Haynes and Boone, LLP, Costa Mesa, CA
• Terri Doud, T. Rowe Price Group, Inc., Baltimore, MD
• Marylauren Ilagan, Mary Kay Inc., Addison, TX

2:40 – 2:55 PM

BREAK

2:55 – 3:55 PM

Building A Trade Secret Program (60 minutes)

Moderator: Elisaveta “Leiza” Dolghih, Lewis Brisbois Bisgaard & Smith LLP, Dallas, TX

Panelists:

• John Russell “Rus” Holloway, Bell Textron Inc., Dallas, TX
• Pete Lando, Orthofix Medical Inc., Lewisville, TX

In this presentation, the panel will discuss the best tips for building a successful trade secrets protection program.

3:55 – 4:00 PM

Transition Break

4:00 – 5:00 PM

Ethics: Inequitable Conduct, Unclean Hands, Litigation Misconduct (Legal Ethics: 60 minutes)

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

In the last year, the U.S. patent system has seen new and different bad conduct cases. Moving beyond garden variety unclean hands and inequitable conduct, the patent system has now been infected by false testimony, false declarations, obstructing discovery, and unreasonable and unexplained delay. We will have a look at the Zinus, Hyatt, Apple, True Chem, Purdue, Thermolife, and Blackbird cases. As we all know, such bad acts go to the heart of ethics and can have disastrous consequences both for the U.S. patent owner and her attorneys/patent agents.

5:00 – 5:05 PM

Transition Break

5:05 – 5:50 PM

A Fireside Chat With Judge Albright (45 minutes)

• The Hon. Alan D. Albright, Western District of Texas, Waco Division
• Mark D. Siegmund, Steckler Wayne Cochran Cherry, PLLC, Waco, TX

Mark Siegmund is moderating a fireside chat with Judge Albright about litigating in the nation’s hottest IP docket.

5:50 – 5:55 PM

CLOSING REMARKS & ADJOURN

Testimonials

• “Diversity”
• “It ran very smoothly, despite being virtual.”
• “Good job pivoting to an online experience”

2019 Conference Attendees liked best:

• “Breadth of areas covered & networking with "old" friends”
• “Good substantive discussions on relevant IP topics”
• “Generally, a well thought out set of speakers/topics at a great facility.”
• “Thoughtful topics + speakers”

Sponsorship Opportunities

Faculty Event Sponsors - $3,500 each (Limited to 2 sponsors) - SOLD

• Single page company/firm advertisement in conference e-materials
• Ability to make one pop-up offer during webinar, including one link (e.g. to sponsor’s website or publication). Offer is subject to approval by ILT. Timing of the pop-up will be selected by ILT.
• Recognition as a sponsor in all conference e-materials, including inclusion of company/firm logo
• Company/Firm logo prominently featured on the virtual Conference platform’s landing page
• Recognition as a sponsor in conference e-marketing communications and one social media post prior to the conference
• Recognition from virtual podium during both days of the conference
• Recognition as a sponsor on the conference website
• 4 complimentary registrants at the conference
• 2 complimentary attendees at the faculty event

Gold Sponsors - $3,000 each

• Single page company/firm advertisement in conference e-materials
• Ability to make one pop-up offer during webinar, including one link (e.g. to sponsor’s website or publication). Offer is subject to approval by ILT. Timing of the pop-up will be selected by ILT.
• Recognition as a sponsor in all conference e-materials, including inclusion of company/firm logo
• Company/Firm logo prominently featured on the virtual Conference platform’s landing page
• Recognition as a sponsor in conference e-marketing communications and one social media post prior to the conference
• Recognition from virtual podium during both days of the conference
• Recognition as a sponsor on the conference website
• 4 complimentary registrants at the conference

Silver Sponsors - $2,000 each

• Recognition as a sponsor in all conference e-materials, including inclusion of company/firm logo
• Recognition as a sponsor in conference e-marketing communications and one social media post prior to the conference
• Recognition from virtual podium during both days of the conference
• Recognition as a sponsor on the conference website
• 2 complimentary registrants at the conference

Supporters - $1,000 each

• Recognition as a sponsor in all conference e-materials
• Recognition as a sponsor in conference e-marketing communications
• Recognition as a sponsor on the conference website
• 1 complimentary registrant at the conference

CLE 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.

Other Information

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