The DEI challenges faced in the legal industry are magnified in the Patent sector. With low numbers of women and other underrepresented individuals in Chief IP Counsel and leadership roles, plus a limited pipeline coming into IP – this trend is set to continue. Patent law also brings into play the cultural biases that presume that only white males belong in the STEM fields. What are the steps to increased diversity in Patent Law?

This Panel will explore:

• How much has COVID-19 has impacted diversity in the Patent Sector?
• What can be done to keep the trend going?
• What initiatives can be put in place to create sustainable change around DEI?

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:

• The impact of COVID on litigating and mitigating cases
• Preparing for international litigation or ITC
• How the 2016 enactment of DTSA has influenced Trade Secret filings
• Forecasts, trends, and takeaways

The lack of women and other marginalized individuals coming through the IP pipeline can be directly traced back to stereotypes and biases surrounding those who choose to enter STEM fields. These stereotypes and biases not only contribute to a lack of diversity, but also reinforce barriers regarding who is promoted to the executive level, and continue to create challenges even for those who are do manage to move into leadership positions.

This session will explore:

• The current landscape for Diversity in IP, R&D & innovation as a whole
• How to recognize and resolve commissions of microaggressions
• How we as IP law professionals and business leaders can work together to create change from recruitment through retention
• Real World Strategies that all organizations can implement to create -and sustain- improvement internally

Effective patent portfolio management ensures a return on investment in the long-run, and also plays a part in excluding competitors from key markets. However, economic challenges continue to place pressure on IP budgets. Many patent portfolios are currently being restructured. How can patent owners prepare for heightened cost management? How will this impact IP strategies? How will already budget conscious filings impact spending on maintenance fees? A well-run portfolio gives the business the ability to protect market share, block competitors and create future opportunities.

This panel will explore:

• The impact from COVID-19 on IP portfolios and portfolio management
• How to effectively manage a portfolio through a recession
• Policies and resources needed to prepare for future economic downturns and market uncertainty
• To what extent outside counsel and IP service providers can assist with cost-effectively managing IP assets, reducing administrative burdens, and improving efficiency

To create a rewarding legal career, one must seek out challenging and visible professional opportunities: Getting assigned to the right case, satisfying an important client, winning a big settlement. For women and other historically excluded individuals, however, finding these opportunities can be quite difficult. Effective sponsors and mentors are needed to push them forward. Behind closed doors, who is advocating for you and seeing that you are considered for plum assignments? What can you do to cultivate these very important relationships?

This panel will explore:

• Differentiating sponsors from mentor
• Identifying current and potential sponsors
• Redefining the “old boys' network” in the legal profession

Three rotating, 20-minute discussions hosted by a topic expert.

Roundtable 1: What I Know Now that I Wish I Knew then: Advice to My Younger Self
Sharon E. Roberg-Perez PH.D, Partner, Robins Kaplan LLP
Dr. Erica Pascal, Founder, Ingensity IP

Roundtable 2: Recognizing and Mitgating IP Traps in M&A Transactions
Sarah Schaedler, Partner, Orrick LLP
Jennifer T. Criss, Of Counsel, Orrick LLP

Roundtable 3: Strength in Neurodiversity
Helen Schweitz, Partner, Benesch LLP

No matter which side of the fence you are on, the PTAB is here to stay and devising an IPR strategy is key when considering co-pending district litigation and the PTAB’s continual discretionary denial practice. 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 and understanding how cost and resources allocated to IPR can affect business strategy
• Developing strategies for PTAB proceedings: The impact of precedential opinions and analyzing the differences between design patents vs. utility patents
• Moving from the broadest reasonable interpretation (BRI) standard to the Phillips standard.