*All agenda times are in US Pacific Time Zone (PT)

• The Growth of Patent Litigation During the Pandemic, including in the Western District of Texas
• The New Landscape of Patent Assignments
• Clarification on the Post-Rule 18 Pleading Standard
• Artificial Intelligence is Not a Person Nor An Inventor

Patent litigation is continuously in flux and incredibly complex. The demands of litigation require an effective strategy to remain consistent as the litigation landscape changes due to an uncertain environment. The economic downturn added more layers which resulted in growth in certain areas of IP litigation while other areas such as operating company litigation remained constant. On the defense side, organizations have sought to revise their strategies due to the rising cost of litigation, while still maintaining the freedom to develop and launch innovative new products.  Plaintiffs, on the other hand, have proven to be savvy, battle-tested, and ready to use international forums. Practitioners need to exercise caution on using PTAB proceedings while keeping an eye out for NPE litigation in other regions of the world.

This panel will explore:

• Determining whether defensive patenting is an effective strategy as companies aim for litigation avoidance through portfolio management
• Conducting freedom to operate searches and obtaining clearance opinions
• Preparing for international litigation or ITC
• Implementing a proactive defensive strategy:
• Exploring the roles of operating company and rivals
• NPE defense updates
• Clearing the confusion surrounding change at the PTAB

Technology companies generally understand the value of having a strong IP portfolio, including market advantages and enhanced return on investment, however, understanding what makes an IP portfolio “strong” is often more nebulous.  In this session we will discuss what makes an IP portfolio “strong” and will explore strategies for building a business-focused IP strategy that is cost effective and protects the aspects that bring actual value to the company.

While there have been substantial improvements made in the profession of law around diversity – patent law still struggles to attract Diverse talent. While this is part of a bigger issue around STEM, the impact of increasing diversity in STEM fields will be profound. It is also well known that there is a diversity patent gap. What is our role in encouraging diverse innovators so that we as a society can make real progress on bridging the patent gap? Clearly much more can be done.

This session will explore:

• What is the current landscape with Diversity in IP, R&D & innovation as a whole
• How can we as an IP law profession and business leaders work together to create change
• How can we attract more diversity into the profession

No matter which side of the fence you are on, the PTAB is here to stay. In 2020, the PTAB received more than 1,300 petitions, issuing a similar number of institution decisions and nearly 500 final written decisions. As a result, the dynamic has been permanently changed as it relates to patent application, drafting, prosecution, licensing, and enforcement strategies. Patent owners can be reassured, however, that institution rates are decreasing as compared to previous years. Devising an IPR strategy is key when considering co-pending district litigation and the PTAB’s continual discretionary denial practice. In addition, pending leadership at the USPTO adds to the complexity of PTAB proceedings. There is a strong need to continuously reshape the plan as the PTAB appears to be more efficient and consistent.

This panel will explore:

• The current state of the IPR landscape:
  • Preparing for an IPR with the PTAB
  • Understanding how cost and resources allocated to IPR can affect business strategy
• Developing strategies for PTAB proceedings:
  • The impact of precedential opinions
  • Analyzing the differences between design patents vs. utility patents
• Impact of the PTAB changing its standard to construe claims:
  • Moving from the broadest reasonable interpretation (BRI) standard to Phillips standard 

It has been ten years since the enactment of the America Invents Act (AIA). AIA proceedings quickly became a patent smashing success for would-be patent challengers. But over time, patent owners pushed back. Procedures changed moving the pendulum back in the direction of patent owners. In fact, some of the more recent changes have the non-intended consequence of providing advantage to non-practicing entities. Was that what AIA intended? What is next?

This presentation will explore:

• The historical successes of AIA challenges before the PTAB
• How procedural changes have benefitted patent owners
• The unintended advantage given to non-practicing entities
• Real world challenges in the current landscape
• What the future holds for would-be patent challengers

Now, maybe more than ever, it is important to take the forum in which a patent suit is pending into account when you plan and implement your patent litigation strategies. The matrix of options and considerations can become quite complicated, particularly when you weave venue transfer and inter partes review possibilities into the equation. We will interview Alex Hadjis, who most recently obtained a defense verdict for Roku in the first jury trial in the Waco Division of the Western District of Texas before Judge Albright, about his experience handling complex patent cases in different venues throughout the United States. The discussion will touch on:

• Pre-trial expectations and tendencies, and how they may influence your case
• The viability of convenience transfers in a post-TC Heartland environment
• The interplay between district court or ITC litigation and IPRs before the PTAB
• Planning for trial and anticipating courtroom dynamics

In this 45-minute information packed and supercharged panel, we will cover the very latest on protecting innovation that pushes the patent eligibility boundaries worldwide, including AI, software, digital health and diagnostic and therapeutic methods. We’ll be asking leading in-house voices how best to take local law and practice into account when implementing an international filing strategy, and we’ll be asking private practice attorneys for guidance on how to navigate software and medical exclusions both at the USPTO and EPO. We'll be challenging the panellists to give pragmatic advice, and exploring how today’s best practices in one jurisdiction can help (or hinder!) best practice in other jurisdictions. The discussion will dive into typical stumbling blocks when filing applications for borderline technologies when first filing domestically and nationalising in Europe and elsewhere.

Just as important as domestic U.S. trademarks, international trademarks and brand protection is increasingly necessary for businesses of any size. Since business knows no boundaries, your brand and your trademark portfolio should similarly know no boundaries. Do not be mistaken in believing business stops at the border.
Your business name, logo, and overall brand is how people will identify with your goods and services, so you want to have one, clear identity. That identity and brand should be shared and viewed consistently around the world to the greatest extent possible.

Join Victoria Friedman, Managing Partner for Dennemeyer & Associates US in a discussion around best practices for filing your foreign Trademarks. Victoria will cover topics of translations and transliterations, Madrid protocol and what happens after filing.

With growing complexity in the United States' IP landscape many US companies are looking at international IP strategy to enhance the company’s business goals. For example, in the two biggest markets for the majority of US companies, China and Europe, there are multiple developments to stay on top of. In China the development of a more balanced approach to IP litigation is making it an essential market for US companies. With Europe the turmoil of Brexit and recent changes to the EPO have US companies needing to understand where that leaves them in terms of strategy. 

This panel will explore:

• China – is it becoming more balanced for US companies?
• What are the other markets to pay attention to in Asia?
• Europe – Brexit and EPO updates:
• UK and Germany litigation landscape
• Working with foreign law firms and corporate offices