61st Annual Conference On Intellectual Property Law

Overview

The ILT’s flagship conference, the annual IP law conference brings together intellectual property lawyers from around the United States for two days to discuss emerging issues in IP law, as well as providing a comprehensive review of developments in IP law over the year.

Conference Co-Chairs

Brianna Hinojosa-Smith
Chief Legal Officer, Yum! Digital & Technology
Yum! Brands
Plano, Texas

Jayne Piana
Fletcher Yoder, P.C.
Houston, Texas

Module Chairs

Schedule and Faculty

Thursday, November 9

7:30 AM - Women in IP Breakfast - Barbie Said It Best - You're So Beautiful (IP Wisdom and Experiences of Texas Women)

8:30 – 8:40 AM - Welcome from the ILT Director and Conference Co-Chairs

• Vickie Adams, Vice President and ILT Director, The Center for American and International Law, Plano, TX
• Brianna Hinojosa-Smith, Chief Legal Officer, Yum! Digital & Technology, Yum! Brands, Plano, TX
• Jayne Piana, Fletcher Yoder, P.C., Houston, TX

Morning Module Chairs

Christopher M. Cauble, Harness IP, Frisco, TX
Brianna Hinojosa-Smith, Yum! Brands, Plano, TX
Jayne Piana, Fletcher Yoder, P.C., Houston, TX

8:40 – 9:10 AM - Keynote

• Dennis Crouch, Judge C.A. Leedy Professor of Law, Director of the Center for Intellectual Property and Entrepreneurship
  University of Missouri School of Law
  Editor, Patently-O
  Columbia, MO

9:10 – 10:00 AM - Federal Circuit Update

• Pete Peterson, Law Office of Gale R. Peterson PLLC, San Antonio, TX

10:00 – 10:15 AM - BREAK

10:15 – 11:00 AM - Notice of Proposed Rulemaking PTO

In April of 2023, the USPTO requested comments to proposed modifications to the rules of practice for IPR and PGR proceedings before the PTAB. The proposed modifications included changes to five key areas: to better ensure that PTAB practices align with the USPTO’s mission to promote and protect innovation and investment, and with the congressional intent behind the AIA; to enhance and build on existing precedent and guidance regarding the exercise of the Director’s discretion to determine whether to institute an AIA proceeding; to provide threshold definitions that apply to one or more categories of petitions subject to discretionary denials, setting forth criteria used to determine “substantial relationship,” “substantial overlap,” and “compelling merits”; to provide procedural enhancements; and to clarify filing requirements for Settlement Agreements. Vice Chief Judge Michael Tierney presents on the state of the PTAB and assessments of the comments to the to the proposed rulemaking.

• Vice Chief Judge Michael Tierney, Patent Trial and Appeal Board (PTAB), U.S. Patent and Trademark Office, Alexandria, VA

11:00 – 12:00 PM - Diversity in Innovation

The panel will discuss highlighting the importance of increasing diversity in innovation and how IP programs can become more accessible to potential inventors. The discussion will include current programs in place from multiple perspectives: in-house, outside counsel, USPTO, and academia.

Moderator: Carlyn Burton, Osha Bergman Watanabe & Burton LLP, Houston, TX

Panelists:

• Hope Shimabuku, Regional Director, U.S. Patent and Trademark Office, Dallas, TX
• Laura Norris, Associate Dean for Academic Affairs, Santa Clara University School of Law, Santa Clara, CA
• Sandra Nowak, Associate Chief IP Counsel, Health Care Business Group, Vice President, 3M Innovative Properties Company, 3M, Saint Paul, MN

12:00 – 12:20 PM - Lunch

12:20 – 1:15 PM Luncheon Presentation: Judges Panel

Moderator: Jayme Partridge, Spencer Fane LLP, Houston, TX

Panelists:

• Judge Ada Brown, United States District Court, Northern District of Texas, Dallas, TX
• Chief District Judge David C. Godbey, United States District Court, Northern District of Texas, Dallas, TX
• Judge Amos L. Mazzant, III, United States District Court, Eastern District of Texas, Sherman, TX

1:15 – 1:25 PM - BREAK

Afternoon Module Chairs

Nicholaus Floyd, ChampionX, Sugar Land, TX
JoAnna Luna, Luna IP PLLC, Conroe, TX

1:25 – 2:15 PM - The AI/IP Toolkit

Modern IP legal practice now extends beyond traditional patents, copyrights, trademarks, and trade secrets thanks to the impactful nature of generative artificial intelligence (AI). To best support clients, IP lawyers must understand how this new technology works and its implications on a client's business. The AI/IP Toolkit session gives attendees an overview of how AI works, where and how AI and IP overlap, what is changing for IP rights to be protected and enforced, and how to manage risks in using AI. Also discussed are how these concerns are being addressed internationally.

• Devika Kornbacher, Clifford Chance, Houston, TX

2:15 – 3:05 PM - The IT/InfoSec Toolkit

A panel discussion on the security considerations lawyers should be prepared for when onboarding new technology/AI, from the IT team’s perspective. Panelists from DevOps, cybersecurity, and digital risk will share the "back-end" view of what happens when a company brings an AI-based product into their systems, and what impact this can have on company IP..

Moderator: Jason Bloom, Haynes and Boone, LLP, Dallas, TX

Panelists:

• Stephen Cicirelli, Chief Information Security Officer, American Bureau of Shipping (ABS), Spring, TX
• Dan Collins, Director, Enterprise Architecture, American Bureau of Shipping (ABS), Spring, TX
• Ben Wells, Associate General Counsel, McKinsey & Company, Houston, TX

3:05– 3:30 PM - BREAK

3:30 – 4:15 PM - AI Tech - Employment and Trade Secret Toolkit

The modern attorney must grapple with IP protection in all facets of a company’s operations, especially those deploying emerging technologies. Panelists will share their experiences with AI policies and best practices in the employment context, including how to mitigate the risks of misappropriation or waiver of trade secrets.

• Meghaan C. Madriz, McGuireWoods LLP, Houston, TX
• Yasser A. Madriz, McGuireWoods LLP, Houston, TX

4:15 – 5:05 PM - Intellectual Property Trivia

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

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

• Bethany R. Salpietra (Ford), Baker Botts L.L.P., Dallas, TX
• Alexis Symcheck, Baker Botts L.L.P., Dallas, TX

5:05 PM - RECESS

5:05 – 6:30 PM - Wind-Down & Connect Reception

Friday, November 10

8:00 AM - Coffee, Continental Breakfast & Connecting Time

PATENT PROSECUTION AND PATENT LITIGATION—CONCURRENT TRACKS

Patent Prosecution Module Chairs

Sarah B. Foley, Barta, Jones & Foley, PLLC, Plano, TX
Sushil Iyer, Fish & Richardson P.C., Dallas, TX

8:45 – 9:30 AM - Everything You Need to Know About the USPTO Today

Rocky Mountain Regional Director Molly Kocialski will discuss what's happening at the USPTO, including the USPTO's focus on AI in the innovation process, and what it means for invention and the patent system, the Legal Experience and Advancement Program (LEAP) and PTAB, Design Patent updates, the Veterans Innovation and Entrepreneurship program, and new and recent Patent Application Initiatives (First-Time Filer Expedited Examination Pilot Program, Cancer Moonshot Expedited Examination Pilot, Climate Chance Mitigation Pilot Program, and the PCT Collaborative Search and Examination Pilot).

• Mollybeth (Molly) Kocialski, Director of the Rocky Mountain Regional Office, USPTO, Denver, CO

9:30 – 10:15 AM - What Litigators Wish Prosecutors Knew

This panel will focus on practical tips and advice from patent litigators for patent prosecution attorneys to help them better prepare patent applications that may eventually be a part of litigation. The panelists will discuss their firsthand knowledge and experience of successful prosecution strategies in a litigation context that they hope other patent prosecution attorneys will implement.

Moderator: Ozz Siddiq, Assistant General Counsel, IP and Information Technology, Lennox International Inc., Richardson, TX

Panelists:

• Sadaf Abdullah, Director, IPR & Licensing, Ericsson, Plano, TX
• Niky R. Bagley, Managing Counsel, Toyota Motor North America, Inc., Plano, TX
• Ashley N. Moore, Michelman & Robinson, LLP, Dallas, TX

10:15– 10:45 AM - BREAK

10:45 – 11:45 AM - IPR for Prosecutors

In modern litigation, a patent must not only survive an invalidity challenge at the District Court, but, in many instances, a separate challenge at the Patent Trial and Appeal Board.  Inter Partes Review, however, is a challenging venue for patent owners.  Hear from an experienced PTAB practitioner about the IPR process, and strategies practitioners can implement to build patents that survive. 

• Joshua A. Griswold, Fish & Richardson P.C., Dallas, TX

11:45 – 12:15 PM - From Aristotle to Vidal: Ethical Considerations of Practice Before the USPTO in the Broader Context of Human Civilization

Now that we have your attention, consider that for most I.P. practitioners, formal disciplinary proceedings before the USPTO or the courts is highly unlikely. Nonetheless, common practices, from signing PTO filings, to balancing potentially competing interests of applicants, to working with foreign counsel and/or law firms, involve risk factors that should be identified and understood, in order to minimize the risk of an inadvertent ethical lapse. A review of recent USPTO communications, including decisions from the Office of Enrollment and Discipline (OED) may serve as lighthouse beacons to guide prudent practitioners away from the shoals of improper practices. In this presentation, we will attempt to synthesize general practice guidelines from the cautionary tales of recent OED decisions and other USPTO communications, both to inform junior practitioners and to refresh more seasoned practitioners. These guidelines can easily be fitted to daily practices and procedures. How these ethical considerations fit within the broader framework of civilization will be addressed at the end of the presentation, if time permits; otherwise this aspect will be left for self-driven investigation by audience members.

• Steven H. Slater, Slater Matsil, LLP, Dallas, TX

Patent Litigation Module Chairs

Derek Neilson, Ericsson, Plano, TX
Palak Shah, Uber Technologies, Inc., Dallas, TX

8:45 – 9:15 AM - Interplay of IPR and District Court Litigation

• Christopher TL Douglas, Alston & Bird LLP, Charlotte, NC

9:15 – 10:15 AM Alternatives to Georgia-Pacific: Bulletproof or Waiting for Daubert?

If you think Georgia-Pacific is the only game in town when it comes to calculating reasonable royalty damages in intellectual property litigation, think again. In fact, there are a variety of other approaches that can be used in tandem with or in place of this well-known framework. During this engaging panel discussion, we'll explore the use of surveys and the Income Approach, among other alternatives, and delve into their strengths and weaknesses. We'll also take a deep dive into some of the complex issues that can arise in IP litigation, such as limited data, accused products with non-accused features, and complex royalty structures, and discuss how different approaches may be more appropriate for certain scenarios. If you're interested in the cutting edge of IP litigation strategy, you won't want to miss this insightful session.

Moderator: Audrey Yang, Gibson, Dunn & Crutcher LLP, Dallas, TX

Panelists:

• Kelly Chen, Managing Counsel, Business Litigation, Toyota Motor North America, Inc., Plano, TX
• Keith B. Davis, Jones Day, Dallas, TX
• Sue Stuckwisch, Alvarez & Marsal, San Francisco, CA

10:15 – 10:45 AM - BREAK

10:45 – 11:30 AM Updates on the European Unified Patent Court

This panel will discuss the Unified Patent Court, which just opened its doors this summer. They will discuss patent holder and implementer views on how Unified Patent Court is impacting their litigation strategies. The panel will also discuss expected timelines, any observed filing trends and/or early decisions, and differences between the UPC courts in different jurisdictions.

Moderator: Warren Lipschitz, McKool Smith, Dallas, TX

Panelists:

• Christian Rieder, General Counsel & Chief Compliance Officer, Adtran Networks SE, Martinsried, Germany
• Richard Vary, Bird & Bird LLP, London, United Kingdom

11:30 – 12:15 PM - Hot Topics in Copyright and Trademark Law

This program will recap recent cases and updates in copyright and trademark law from 2023 and preview issues that are likely to arise in 2024. Copyright topics include the copyrightability of AI works, recent tattoo infringement cases, whether the “Server Test” still applies, and an update on the Copyright Claims Board. Trademark topics include recent cases involving NFTs, whether Adidas can prevent the use of its striped mark, and the ownership of “Taco Tuesday.”

• Michael J. Lambert, Haynes and Boone, LLP, Austin, TX

Afternoon Module Chairs

Natalie LeVeck, Google, Inc., Dallas, TX
Kristian Sullivan, Womble Bond Dickinson, Houston, TX

12:15 – 1:15 PM - Networking Luncheon

1:15 – 2:00 PM The Supreme Court’s Term in Intellectual Property

Since the 60th Annual Conference on Intellectual Property Law a year ago, the Supreme Court has delivered important opinions in each of the three core areas of Federal intellectual property protection: Amgen v. Sanofi on patent rights; Andy Warhol Foundation v. Goldsmith on copyright; and Jack Daniel’s v. VIP Products and Abitron Austria v. Hetronic on trademark rights. Refreshingly, these IP decisions do not reflect any partisan divide, and in fact three of the four decisions were unanimous. Meanwhile, a number of certiorari petitions now pending before the Court pose interesting IP questions. This presentation will assess the Supreme Court’s IP decisions of the past year and preview some of the cases that the Court is likely to take up in the coming months.

• George W. Webb III, Faculty in Engineering Leadership, Rice University, Houston, TX

2:00 – 3:00 PM - Ethics and AI

This session will explore current applications of AI across industries and within the legal field, and will discuss the legal and ethical implications, including with respect to bias, governance, IP Infringement, and legal and professional responsibility.

• Ryan Martin, Loeb & Loeb LLP, Chicago, IL

3:00 PM - ADJOURN

CLE Credit

Sponsorship Opportunities

Lanyard Sponsor (exclusive) - $5,000 - SOLD

• Name/Logo on lanyards distributed to all attendees
• Company/firm logo prominently displayed in the program materials
• Recognition on the conference website, in e-marketing, and on social media
• 3 complimentary registrants at the Conference
• Recognition from the podium each day of the conference
• 1 exhibition table for promotional materials

Lunch Sponsors (limited to 5) - $4,000 each

• Signage displayed during lunch
• Company/firm logo prominently displayed in the program materials
• Recognition on the conference website, in e-marketing, and on social media
• 3 complimentary registrants at the Conference
• Recognition from the podium each day of the conference
• 1 exhibition table for promotional materials

1st Day Morning Refreshment Sponsor (exclusive) - $3,500 - SOLD

• Signage displayed during AM Breaks on 1st Day
• Company/firm logo displayed in the program materials
• Recognition on the conference website, in e-marketing, and on social media
• 2 complimentary registrants at the Conference
• 1 exhibition table for promotional materials

1st Day Afternoon Snack Sponsor (exclusive) - $3,500 - SOLD

• Signage displayed during PM Breaks on 1st Day
• Company/firm logo displayed in the program materials
• Recognition on the conference website, in e-marketing, and on social media
• 2 complimentary registrants at the Conference
• 1 exhibition table for promotional materials

2nd Day Morning Refreshment Sponsor (exclusive) - $3,500 - SOLD

• Signage displayed during AM Breaks on 2nd Day
• Company/firm logo displayed in the program materials
• Recognition on the conference website, in e-marketing, and on social media
• 2 complimentary registrants at the Conference
• 1 exhibition table for promotional materials

General Conference Sponsor - $3,000 each

• Company/firm logo displayed in the program materials
• Recognition on the conference website, in e-marketing, and on social media
• 1 complimentary registrant at the conference and 1 discounted registration
• Recognition during the conference
• An opportunity to display company/firm materials at the conference

Conference Reception – November 9th - $2,250 each

• Company/firm logo displayed in the program materials
• Recognition on the conference website, in e-marketing, and on social media
• 1 complimentary registrant
• Recognition at the Reception
• An opportunity to display company/firm materials at the reception

Exhibitor (Non-law Firms only) - $1,500 each

• Space to display company/firm materials at the conference
• Name/logo on Conference website with link to company page
• 1 discounted registration

Other Information

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