Intellectual Property & Technology Institute 2011 (9th Annual) Out of Stock
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June 2011
9th Annual Rocky Mountain Intellectual Property & Technology Institute - MP3 Download
Program Description
This year the theme is best practices - best practices for patent prosecutors and litigators, trademark and copyright practitioners, and licensing and deal attorneys. Going beyond black letter legal developments, we'll discuss translating case law and new rules into actionable information for your practice. In one place on two days in Denver, join your colleagues from throughout the western United States to learn, renew acquaintances, network and grow your practice in 2011 and beyond.!
Why You Should Attend the IP Institute:
- Annual Case Law Update of All Branches of IP
- Mark Lemley on Patents; David Bernstein on Trademarks; Ian Ballon on Copyrights; Jeff Dodd on Licensing
- Best Practices - Patent Application Strategies in Light of Recent Developments
- Before & After the Deal: IP Diligence in M&A and Post-Deal Integration of Acquired IP
- Opening Statements: Different Styles,Winning Results
- Managing IP Budgets for In-House Counsel
- Patent Prosecution and Accusations of Inequitable Conduct
- Advanced Licensing Problems With Nimmer & Dodd
- Joint Ventures with Companies in China
- Attorney Ethics in a Digital Age - iPads, Androids and the Cloud
- Patent Office Appeals: Process, Tips, and Results
- Business Torts - Looking Beyond Traditional IP Litigation to Protect IP
- Managing Employee Use of Social Media at Workplace - And at Home?
- Privacy and Data Security Issues
- What Happens When Your Company is Enjoined?
- Indemnification Clauses in Licenses
- Anatomy of Software as a Service Deal
Topics
PLENARY SESSIONS
Judicial Panel: Best Practices in IP Litigation
- Best Practices for Scheduling and Managing Discovery in Multi-Defendant Cases
- Pros and Cons of Different Approaches for Claim Construction
- Time and Trial: Challenges of Trials in Complex Intellectual Property Cases
Moderated by: Natalie Hanlon-Leh, Faegre & Benson LLP
Presented by: Honorable Philip A. Brimmer, US District Court for the District of Colorado, Honorable Boyd Boland, US District Court for the District of Colorado, and Honorable Roderick McKelvie (ret.), US District Court for the District of Delaware
Attorney Ethics In A Digital World- iPads, Androids, And The Cloud
- Ethical Issues Associated with Third-Party Attorney-Rating Sites
- Ethical Issues to Consider When Attorneys Use Social Networking Sites, Including “Friending”on Facebook
- Ethical Hazards Posed by Blogging and Engaging in Other Interactive Online Conduct and How to Avoid Them
Presented by Michael Lackey, Mayer Brown, LLP
Advanced Licensing Problems With Nimmer & Dodd
- Classroom Style Examination of Most Highly Negotiated Provisions of a License
- Resolution of Flashpoints in Actual Negotiations
- Interactive Discussion with Audience About Common Licensing Problems
Presented by Jeff Dodd, Andrews Kurth, LLP, and Ray Nimmer, University of Houston Law Center
Alternate Resolutions for IP Disputes:
- Profiles of the Easiest and Hardest IP Cases to Settle, and Ways to Accelerate the Resolution Timeline
- Taking Control of ESI and International Discovery, Limiting Expert and Third-party Discovery, Recognizing the Different Landscape Wrought by NPEs, and Focusing Summary Judgment Efforts
- Facilitative-Versus-Evaluative Mediators, and the Emerging Concept of the “E-Neutral”
Moderated by: Greg Whitehair, IP Resolution Company
Presented by: Honorable Edward Infante (ret.), US District Court for the District of Northern California, JAMS, and Honorable Robert Faulkner (ret.), US District Court for the Eastern District of Texas, JAMS
How to Have Fewer Clients and Yet Make More Money
- Key Current Litigation Over Client Identity in Dealing with Inventors, Joint Development Agreements, and Corporations
- Recent Cases Implying Attorney-Client Relationships Where Most Lawyers Would Think None Existed
- How to Protect Your Firm and its Clients
Presented by David Hricik, Mercer University School of Law
TRACK A - Patent Track
Opening Statements and Closing Arguments:What Matters and What Works
- Live Demonstration by One of the Industry's Best
- Practical Discussion of What Matters
- Q&A with the Audience
Presented by Jonathan Kagan, Irell & Manella, LLP
Patent Office Appeals: Process, Tips, and Results
- Strategy Decisions in Determining Whether to File an Appeal
- Procedural Considerations and Tips on Filing Appeal and Brief
- Appeal Conferences and Oral Hearings
- Post Appeal Issues
Presented by Timothy Scull, Merchant & Gould P.C., and Heath J. Briggs, Greenberg Traurig LLP
Best Practices – Patent Prosecution and Accusations of Inequitable Conduct
- Ethical Considerations for Inequitable Conduct (IC)
- Litigation Tactics and Cases
- Prosecutors Tips & Strategies
- Patent Reform Update for IC
Presented by Thomas Franklin, Kilpatrick, Townsend & Stockton, LLP, Gene Bernard, Kilpatrick, Townsend & Stockton, LLP, and Kristopher Reed, Kilpatrick, Townsend & Stockton, LLP
Evolving Damages Law – Entire Market Value, Expert Reports and Claim Drafting
- New Standards for Damages Theories – When to Apply the Entire Market Value Rule and When to Construct a Different Theory
- How to Construct Expert Reports that Show the Incremental Contribution of the Patented Invention to the Product
- How to Compile Evidence to Support Your Damages Theory
Presented by William Coats, Kaye Scholer, LLP
Best Practices – Patent Application Strategies in Light of Recent Developments
- Avoid Pitfalls Resulting from Recent Changes and Developments in the Patent Law
- Practical and Effective Patent Application Drafting and Prosecution Tips and Techniques
- Reduce Client Costs, Secure Early Allowance, and Create Favorable Patent File Histories
Presented by Thomas Woods, Woods Patent Law
2011 Patent Law Update
- Developments at the Supreme Court
- Comprehensive Review of the Most Important Federal Circuit Decisions in the Past Year
Presented by Mark Lemley, Stanford Law School, Durie Tangri LLP
Joint & Divided Infringement
- Recent Federal Circuit Decisions
- What Types of Claims are Susceptible to Being “Divided”
- Strategies for Drafting Claims to Avoid the Perils of Divided Infringement
Presented by Scott Alter, Faegre & Benson, LLP
Best Practices – Claim Construction and Markman Hearings:
- Overview of Current Standards and Relevant Evidence
- Discussion of Possible Procedures, Including Use of Fact and Expert Witnesses
- Relevance of Prosecution History and Reexamination
Presented by Scott Llewellyn, Morrison & Foerster LLP
Capturing Innovations in Your Company
- Mechanics Required for a Company to Timely and Efficiently Secure its Patentable Subject Matter
- Strategies to Improve Internal Policies/Procedures for Generating Invention Disclosures
- Avoiding Employee and Third-Party Disputes Regarding Ownership of Technology
- How Marketing/Sales and Engineering/Technical Departments Can Work Together so as Not to Jeopardize Tech Assets
Presented by Brent P. Johnson, Sheridan Ross PC, and Brad Knepper, Sheridan Ross PC
TRACK B - Trademarks/Copyrights/Trade Secrets
Trade Secret Update
- Case Law Review, Including Bimbo, Bratz and E*Trade
- Impact on Trade Secrets by Changes in Technology, Globalization, and Portability of Electronic Information
- Preview of Upcoming Decisions and Analysis of Current Trade Secret Trends
Presented by Honorable Eric Elliff, Denver District Court
2011 Trademark Update
- Latest Developments in Trademark Infringement and Dilution Law
- Contributory Liability After Tiffany v. eBay, and Parallel Imports after Costco v. Omega
- The Potential Impact of Rosetta Stone v. Google on Keyword Advertising
- The New WIPO UDRP Decision Overview and ICANN's New gTLDs
Presented by David Bernstein, Debevoise & Plimpton LLP
Advocacy Before the TTAB
- Tips for Using Accelerated Case Resolution, an Alternative, Expedited Summary Judgment Style Litigation Track
- Navigating the TTAB's Amended Rules for Mandatory Discovery/ Settlement Conferences and Modified Initial, Expert, and Pretrial Disclosures
- TTAB Advocacy Pointers from a Former Administrative Trademark Judge
Presented by Linda McLeod, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Business Torts – Looking Beyond Traditional IP Litigation to Protect IP
- The Risk – with a 128GB Flash Drive, Departing Employees Can Leave with Millions of Pages of Text in Their Pockets
- The Law-Changes in Trade Secret, Non-Compete, Inevitable Disclosure and Conversion Litigation Tactics Reflect This Growing Risk
- Best Practices – How Business Torts Should Become Part of Your IP Prosecution Plan
Presented by William Kelly, Kelly, Stacy & Rita LLC
.brand – What the New gTLDs Means for Brandowners
- Current Status of ICANN's New gTLD Roll-out
- Brand Owners' Ability to Challenge New gTLD Applications
- .brand: Deciding Whether to Apply to Run Your Own Registry, Including Timing and Potential Pitfalls
- Rights Protection Mechanisms
in New Registries Post-Launch
Presented by Adam Scoville, RE/MAX
Social Media – Integrated Marketing Campaigns and Legal Catch 22s
- Text Messaging Under CAN-SPAM and the TCPA
- m-Marketing and Privacy Threats, Including Rise in Prominence of Location Data
- Privacy Policy Best Practices After the FTC's Current Push for Just-in-time Opt Outs, Do-nottrack Mechanisms and Better Privacy Policies
- Application of Old, Stodgy FTC Rules to a Social Media World
Presented by Ian O'Neill, Holland & Hart, LLP
2011 Copyright Update
- Update on the Latest and Most Important New Cases
- Expiration of Renewal Rights and the Impact on Technology Companies and Businesses
- Copyright Trolls and New Litigation Risks
- DMCA and Secondary Liability Issues
Presented by Ian Ballon, Greenberg Traurig, LLP
Secondary Liability Under Patent, Copyright and Trademark Law & Responding to Third Party Subpoenas
- Inducement Under Copyright, Trademark and Patent Law
- The Extent and Limits of Protection for Notice and Takedown
- New Case Law on Secondary Trademark Liability
- CDA Case Law and Emerging Circuit Splits-How to Navigate the Risks
- Liability for Websites, Blogs, Social Networks and Corporate and Personal Users
Presented by Ian Ballon, Greenberg Traurig, LLP
Best Practices for Obtaining Permissions to Use Third-Party Content in Published Works
- Obtaining Clearances to Use Third Party Content for Published Works in Print and New Media
- Copyright Industry Statements on Best Practices in Fair Use and Permission Analysis
- Reproduction Rights Organizations' Increasing Importance to the Permissions Process
Presented by Jon Tandler, Isaacson Rosenbaum P.C.
TRACK C - Licensing/Transaction
Before & After: Best Practices – IP Diligence in M&A and Post-Deal Integration of Acquired IP
- Best Practices for Pre-Deal IP Diligence, Including Timing on NDAs and Who Should be on the Diligence Team
- What Should Buyers and Sellers be Looking for?
- Avoiding Common Mistakes in the Reps and Warranties
- How to Determine What are Your Clients' Needs for the Deal
- What are the IP Questions You Should be Asking During the Pre-Deal Period?
- Why You Shouldn't Neglect IP and IT Issues During the Post-Closing Period
- What Do Companies Need to Prepare for When Integrating IP and IT Portfolios and Systems?
- How Can You Help Your Clients Address the Challenges of the Post-Closing Period?
Moderator: Daniel Jablonsky, Brownstein Hyatt Farber Schreck, LLP
Panelists: Jason Haislmaier, Holme, Roberts & Owen LLP, Ryan Arney, Davis, Graham & Stubbs LLP, Jim Anderson,
Skyline Partners International, and Joseph Redecki, St. Charles Capital
Hidden Risks in Licensing Agreements Revisited
- Examination of Lesser Known Risks that Frequently Arise when Drafting License Agreements
- Risks Arising from Sublicenses
- Risks from Warranty, Indemnification and Limitation of Liability Clauses
- Special Risks Arising from Trademark, Patent and Copyright Licenses
Presented by Peter Kinsella, Perkins Coie, LLP
Joint Ventures With Companies in China
- What are “Joint Ventures” in China for JVs?
- Overview of the Current Environment for JVs in China
- What Are the Legal Issues Your Clients Should be Considering?
- What Do You Need to Know about Protecting and Enforcing Your Client's IP When Entering into a JV or China?
Presented by Nelson Dong, Dorsey & Whitney, LLP
What IP Lawyers Need to Know About the Law of Privacy and Data Security
- The Ten Privacy Rules Which Can Cause Your Clients Major Issues
- Paradigm of Privacy - Informed Choice Versus Government Regulation
- Threat Briefing on How Serious Data Insecurity Has Become
- Increasingly Untenable Definition of “Personally Identifiable Information”
- Impact of Privacy and Data Security Class Action Lawsuits
Presented by Joel F. Brenner, Cooley LLP, Tanya Madison, First Data Corporation, and Norton Cutler, Perkins Coie, LLP
Indemnification Clauses in Licenses
- Avoiding Mistakes in Indemnity Provisions
- What Should You be Fighting for and Against?
- How to Determine Your Clients' Needs
- Looking at Sample Provisions
- Insights from In-house and Outside Counsel, Including Transactional and Litigation Perspectives
Presented by Brooke Fritz, IBM, Carrie Schiff, MWH Global, Inc., and Lee Johnston, Dorsey & Whitney LLP
2011 Licensing Update
- Most Important Cases Decided During 2009 and 2010 Affecting Licensing Transactions and Litigation
- Trends and New Developments That Will Affect IP Practitioners
- How to Address New Developments in Drafting and Litigating Licenses
Presented by Jeff Dodd, Andrews Kurth, LLP
Licensing From and With Academia and Government
- Learn the Intricacies (and Idiosyncrasies) of Licensing Intellectual Property From or to Academia and Government
- Gain Insights into How Academia and Government Make Intellectual Property Available for License and How it is Priced
- Discuss Benefits and Drawbacks of Enforcing Intellectual Property Licensed from Academia or Government
Presented by Orion Armon, Cooley LLP, Meg McClelland, University Corporation for Atmospheric Research (UCAR), and David Poticha, University of Colorado
Anatomy of Software as a Service Deal
- Cradle to Mature Licensing Tips
- Checklists for SaaS Deals
- Pitfalls and Traps
Presented by Christine Amrhein, TriZetto Group, and Sean Radcliffe, IHS, Inc.
TRACK D - In-House
Managing IP Budgets
- Strategies for Budgeting for Litigation
- Strategies for Budgeting for Prosecution
- What to Do When Litigation and Prosecution Budgets are Combined
- Obtaining Company Buy-in to Budgets
Presented by Grant Ritz, Hewlett Packard, Danielle Johnston Holmes, Microsoft, and David Donoghue,
Holland & Knight LLP
Trade Secret Inventory
- Beginning a Trade Secret Inventory
- Maintaining Accurate Trade Secret Records
- Auditing Trade Secret Inventories
Presented by Mialeeka Williams, Coca Cola Company
Best Practices for Companies Managing Employee Use of Social Media at Work – And at Home?
- How Social Media is Forcing Employers to Rethink the Boundaries Between the Work and Home
- Concrete Steps to Guide Employees on the Use of Social Media
- Development of Policies that Complement the Business Strategy
- Best Practices for Managing Social Media Content in an Increasingly Litigious Environment
Presented by Jeff Hartman, Exclusive Resorts, Deborah Shinbein, Clarity Digital Group LLC, and Sean Gallagher, Polsinelli Shughart PC
An Update on the Perils of False Marketing: Assessing the Risk
- Is the False Marking provision of the Patent Act constitutional?
- Risk assessment: An overview of false marking cases nationwide
- What evidence is necessary to rebut an allegation of “intent to deceive?”
- Tips to implement a cost effective patent marking policy to avoid liability
Presented by Jane Michaels, Holland & Hart, LLP, Marc Mayer, Agilent Technologies, and Floyd Anderson,
Avago Technologies
What Happens When Your Company Is Enjoined
- Staying an Injunction Pending Appeal
- Designing Around the Patent
- Testing a Design Around - Contempt Proceeding Versus New Complaint?
- Impact of an Injunction on Third Parties, Such as Customers
Presented by Kirstin Stoll- DeBell, Merchant & Gould P.C., and Tom Dougherty, Gates Corporation
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $995.00 USD
- Member Price $895.00 USD
- General Credits 42.00
- Ethics Credits 3.00
- EDI Credits