Thursday, June 1, 2023
7:45 – 9:15 am
Continental Breakfast
Sponsored by Sheridan Ross P.C.
8:45 – 9:00 am
Welcoming Remarks
Extended by Nathaniel T. Trelease, Esq., Program Chair, WebCredenza, Inc.
9:00 – 9:50 am
Innovation, Politics, and the Future of IP
Presented by Wayne Stacy, Esq., Executive Director, Berkeley Center for Law & Technology and Brad Watts, Vice President for Patents and Innovation Policy, US Chamber of Commerce Global Innovation Policy Center
Moderated by Mikaela Stone, Esq., King & Spalding, LLP
9:50 – 10:05 am
Networking Break
Sponsored by Berg Hill Greenleaf Ruscitti LLP
10:05 – 10:55 am
Breakout Sessions
Track A: Patents & Patent Litigation
101 & Spec Drafting: Preparing Your Patents for a 101 Attack
- 101 Eligibility Framework
- Analogizing to Eligibility Guidelines and Caselaw
- Examples of Practical Application/ Non- Routine or Conventional Features
Presented by James W. Beard, Esq., Merchant & Gould, P.C., Kendria Pearson, Esq., Sheridan Ross, PC, and Karam Saab, Esq., Kilpatrick Townsend & Stockton, LLP
Track B: Trademarks/Copyrights
Enforcing your Trademark and Expressive Works
- Interplay between trademarks and expressive works
- Trademark and expressive works protection strategies
- Trademark and expressive works enforcement strategies
Presented by David S. Kerr, Esq., Berg Hill Greenleaf Ruscitti LLP, and Ian L Saffer, Esq., Quarles & Brady LLP.
Track C: Tech Transactions
AI: Understanding Applications, Training, and Datasets
- What kind of problems can AI solve- or not solve?
- Dataset creation and acquisition
- How big companies are using datasets
Presented by Scott McKinney, Esq., Wilson Sonsini Goodrich & Rosati
Track D: In-House
The Creator Economy 2.0: Yours, Mine, or Ours?
- Relationship between creator and platform
- Online policing of content
- Monetization – what does the economic model look like
- Fair Use issues
Presented by Sarah Abelson, Esq., YouTube, and Will Hanisch, Esq., GreenRoom, Inc.
Moderated by H. Michael (Mike) Drumm, Esq., Drumm Law LLC
11:00 – 11:50 am
Breakout Sessions
Track A: Patents & Patent Litigation
PTAB Update
Everything you need to know about the last year at PTAB.
Presented by The Honorable Scott R. Boalick, Chief Judge, Patent Trial and Appeal Board; and Mikaela Stone, Esq., King & Spalding, LLP
Track B: Trademarks/Copyrights
Trademark Modernization Act, Two Years On
- Take-aways in the last two years of Trademark Modernization
- Impact moving forward
Presented by Maria Baratta, Esq., Kilpatrick Townsend & Stockton LLP, Amy Cotton, United States Patent and Trademark Office, and Jolly Northrop, Esq., Holland & Hart, LLP
Track C: Tech Transactions
AI: Production Development and Technology Transfer: Legal Issues
- Emerging regulatory framework of AO
- Evaluating and training on datasets
- Evaluation and diligence on effectiveness of algorithms
Presented by Kristin Leavy, Esq. Cooley LLP, and Brandie Nonnecke, PhD, CITRIS Policy Lab
Track D: In-House
Ransomware Response
Presented by Eric Bodkin, CrowdStrike, Christian Lee, Esq., Cooley LLP and Erin Locker, Esq., Koenig, Oelsner, Taylor, Schoenfeld & Gaddis PC
11:55 am – 1:25 pm
Luncheon Sponsored by Kilpatrick Townsend & Stockton LLP
(Lunch is included with your registration. Please indicate on the registration form if you plan to attend.)
12:25 – 12:35 pm
CBA/DBA Leadership Remarks
12:35 - 1:25 pm
ChatGPT and How AI Is Changing the Face of Everything
Presented by Karen Silverman, Esq., The Cantellus Group and Berkeley Law
Moderated by Sara Patak, Esq., Wilson Sonsini Goodrich & Rosati and Nathaniel T. Trelease, Esq., Program Chair, WebCredenza, Inc.
1:30 – 2:20 pm
Breakout Sessions
Track A: Patents & Patent Litigation
The Supreme Court & Amgen: What Could Possibly Go Wrong?
- What is at stake?
- Let’s talk about the bench
- Forecasts and conclusions
Presented by Nathaniel Leachman, Esq., Pfizer, and Allison Schmitt, Esq., Berkeley Law
Track B: Trademarks/Copyrights
Warhol, the Supreme Court, and the Future of Copyright Law
- The basics of fair use and its impact on commercial activity
- The impact of fair use on artistic creativity
- The benefits and limits of licensing in the management of fair use
Presented by Ian Ballon, Esq., Greenberg Traurig, LLP
Track C: Tech Transactions
IP Licensing & Settlements – Troublesome Terms
- Red flags in scope of use and coverage of future and derivative products
- Transferability and renewals in M&A
- Audits, reporting, and royalties – domestic and international
Presented by Rachel MacGuire, Esq., Oracle, and Mary “Mindy” Sooter, Esq., Wilmer Cutler Pickering Hale and Dorr, LLP
Track D: In-House
In-House and Law Firm Partnerships in DEI
- Evolving from theater to real progress
- What should you measure to understand progress?
- Corporate mentoring practices that law firms can learn from
Presented by Sumedha Ahuja, Esq., Perkins Coie, LLP, Melissa Jobe, Esq., T-Mobile, and Elena McFarland, Esq., Shook, Hardy & Bacon, LLP
Submitted for 1 EDI Credit
2:20 – 2:40 pm
Networking Break
Sponsored by WilmerHale
2:40 – 3:30 pm
Breakout Sessions
Track A: Patents & Patent Litigation
European Patent Strategy Under the Unitary Patent System
- Pros and cons of UPS (considerations for whether companies should “opt out”)
- How the UPC will operate
- UPC injunctive powers and defensive considerations for UP license demands
- Opportunities and challenges for companies subject to the UPC
Presented by Bethan Hopewell, Esq., Powell Gilbert, LLP, W. Matthew Pierce, Esq., Perkins Coie, LLP, and Marianne Schreiber, Esq., Medtronic
Track B: Trademarks/Copyrights
Copyright Updates
Everything you need to know about the last year in copyright law.
Presented by Miriam Lord, Esq., United States Copyright Office, and Evan Rothstein, Esq., Arnold & Porter, LLP
Track C: Tech Transactions
2023 Trade Secret Update
Everything you need to know about the last year in trade secret law
Presented by Jim Pooley, Esq., James Pooley, PLC, and Quyen Ta, Esq., King and Spalding LLP
Track D: In-House
IN-HOUSE: Practical Approaches to Online Enforcement of Trademarks
- Leveraging platform's takedown programs
- When to cease and desist
- Creative Options
Presented by Evan Everist, Esq., Dorsey & Whitney, LLP, and Airina Rodrigues, Esq., Brownstein Hyatt Farber Schreck, LLP
3:35 – 4:25 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Inventorship and Inclusiveness: Best and Worst Practices (DEI)
- Legal framework for inventorship determinations
- Institutional frameworks for inclusiveness in inventorship
- Managing outside counsel to support inclusiveness objectives
Presented by Mary Fuller, Esq., Santa Clara Law, Jessica Meyers, Esq., Microsoft, and Tiffany Parcher, Esq., Medtronic Moderated by David Le, Esq., USPTO
Submitted for 1 EDI Credit
Track B: Trademarks/Copyrights
The Legal Sound of Music: The Doe, Re, Mis of Compliance
Compliance landscape in the music industry
Presented by Jim Jesse, Esq., Rock N’ Roll Law
Track C: Tech Transactions
Trade Secret Protections Through Contract
- Integrating trade secrets protections in commercial agreements
- Essential trade secret considerations in employment agreements
- Trade secret considerations in the evolving area of non-competes
Presented by Jim Pooley, Esq., James Pooley, PLC; and Laurie Rasmussen, Esq., Lockheed Martin
Track D: In-House
Hot Topics in Ad Tech
- Recent developments in the U.S. ad tech legal landscape
- How state privacy laws that take effect in 2023 and updates to existing law are impacting advertising practices
- Update on relevant activity at the federal level, particularly at the FTC
- Best practices and updates among self-regulatory organizations
Presented by Katherine Cramer, Esq. and Meredith Halama, Esq., Perkins Coie, LLP
4:25 pm – 5:25 pm
IP Institute Cocktail Hour Reception Sponsored by King & Spalding LLP
Take this time to network with distinguished faculty and colleagues. Included in your registration!
(Please note on the registration form if you plan to attend the cocktail hour reception.)
5:30 – 7:30 pm
After Hours Reception Sponsored by Shook Hardy & Bacon L.L.P.
Join sponsors Shook Hardy & Bacon and other IP Institute attendees at the Kachina Restaurant at the Westin Westminster for food and more networking opportunities.
Friday, June 2, 2023
7:45 – 8:50 am
ChIPs Breakfast
(Chiefs in Intellectual Property: www.chipsnetwork.org)
Featuring remarks by Karen Silverman, Esq., The Cantellus Group and Berkeley Law on AI and leadership
Attend and further the ChIPS mission of advancing and connecting women in technology, law and government, and learn about the ChIPs Colorado Chapter. SPACE IS LIMITED. Sign up early!
Solo/Small Firm Breakfast
Attend and discuss common problems and solutions with your solo, small firm colleagues. SPACE IS LIMITED. Sign up early!
Continental Breakfast Sponsored by Cooley LLP
Continental Breakfast is included with your registration.
(Please indicate on the registration form if you plan to attend.)
9:00 – 9:10 am
Welcome Back Remarks
Extended by Nathaniel T. Trelease, Esq., Program Chair, WebCredenza, Inc.
9:10 – 10:00 am
From the Founders: Key IP / Tech Law Challenges
- How should you think about (and pay for) IP protection?
- Developing v. in-licensing your technology
- How to think about defending your technology from competitors, vendors, and vendors
Presented by Ajay Khoche, PhD, Trackonomy, Lindsey Laurain, EZPZ, Maddison Masaeli, PhD, Deepcell, Inc., and Jessica Trostel, ME, MSL, CSU STRATA
Moderated by Steve MacKenzie, Esq., Koch Disruptive Technologies.
10:00 – 10:15 am
Networking Break
Sponsored by Dorsey & Whitney LLP
10:15 – 11:05 am
Breakout Sessions
Track A: Patents & Patent Litigation
2022 Patent Law Update
Everything you need to know about the last year in patent law.
Presented by Mark Lemley, Esq., Stanford Law School
Track B: Trademarks/Copyrights
Trademark Updates
Everything you need to know about the last year in trademark law.
Presented by David Bernstein, Esq., Debevoise & Plimpton, LLP
Track C: Tech Transactions
Licensing Update
Everything you need to know about the last year in licensing.
Presented by Jeff Dodd, Esq., Hunton Andrews Kurth, LLP
Track D: In-House
Beyond Personal Data: Data Regulations, Localizations, and Limitations
Presented by Austin T. Chambers, Esq., Dorsey & Whitney, LLP, Andrea C. Maciejewski, Esq., Greenberg Traurig, LLP, and Beth Magnuson, Esq., CIPP/US, CIPP/E, CIPM, Senior Legal Editor, Thomson Reuters
Moderated by David Navetta, Esq., Cooley LLP
11:10 am – 12:00 pm
Breakout Sessions
Track A: Patents & Patent Litigation
A Litigator’s View of Claim Drafting
- The well-crafted specification
- Correlating breadth of claims to damages demands
- Ensuring enablement
- The post-Alice need for computational granularity
Presented by Benjamin S. Fernandez, Esq., Wilmer Cutler Pickering Hale and Dorr, LLP; Jessica C. Kaiser, Esq., Arnold & Porter Kaye Scholer LLP; and Kirstin Stoll-DeBell, Esq., Faegre Drinker Biddle & Reath LLP.
Track B: Trademarks/Copyrights
AI-generated Works: Can They Be Copyrighted?
- Copyright Office Policy on AI-Generated Works recently released
- Requirement of human authorship
- Joint authorship - human and AI
- Copyright Office “listening sessions” to explore issues relating to AI-Generated works
Presented by Janet Fries, Esq., Faegre Drinker Biddle & Reath LLP
Track C: Tech Transactions
2023 Privacy Update, Part 1 - The United States
Everything you need to know about the last year in domestic privacy law
Presented by David Navetta, Esq., Cooley LLP
Track D: In-House
Rightsizing Your IP
- Using Tech and Internal Resources to manage increasing workloads with reduced budgets.
- Managing OC Spend.
- Better analysis of risk & value.
Presented by Dave Howell, Esq., Bemis Manufacturing Company, Matt Linton, Esq., True Anomaly, and Naomi Obinata, Esq., KYOCERA SLD Laser
Moderated by Shane Percival, Esq., Neugeboren O'Dowd PC
12:05 – 1:10 pm
Luncheon Sponsored by Holland & Hart, LLP
(Lunch is included with your registration. Please indicate on the registration form if you plan to attend.)
12:20 – 1:10 pm
Ethics Hour with David Hricik
Presented by David Hricik, JD, Mercer University School of Law
Submitted for 1 Ethics Credit
1:15 – 2:05 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Ask a SPE: Here’s Your Shot- What’s On Your Mind?
- Best strategies for moving cases to allowance
- When and how to conduct an effective interview
- Making use of after final procedures
Presented by Allison Bourke, ME., Supervisory Patent Examiner, USPTO and Bennett Sigmond, JD, Supervisory Patent Examiner, USPTO
Moderated by Lee F. Johnston, Haynes & Boone LLP
Track B: Trademarks/Copyrights
Almost Famous Marks: Delusion vs Dilution
- The high bar for proving fame
- Successful dilution claims
Presented by Leigh Augustine, Esq., EIP LLC and Charlene Krogh, Esq., Dorsey & Whitney LLP
Track C: Tech Transactions
2023 Privacy Update, Part 2 – EU, UK, China & India
Everything you need to know about the last year in global privacy law
Presented by Elizabeth (Liz) Harding, Esq., Polsinelli
Track D: In-House
Practical Issues for Employers with a Suddenly National Workforce
- Non-competes and trade secret protection
- Compensation when you’re competing with everyone
- Employee handbooks, compliance, and tax issues
- Productivity monitoring and measurements
Presented by William J. Kelly, Esq., Kelly Law Partners, LLC
2:10 – 3:00 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Patents v. Trade Secrets: Tech v. Life Sciences
- The value of trade secret protection in Tech v. Life Sciences
- Deciding whether to patent or keep trade secret
- Internal invention disclosure and trade secret processes to maximize protection
Presented by Michael Drapkin, Esq., Holland & Hart, LLP, and Lisa Zang, Esq. Wilson Sonsini Goodrich & Rosati
Track B: Trademarks/Copyrights
Name, Image, & Likeness: An Update
- An overview of federal legislative efforts
- NIL in the age of social media and streaming platforms
- Alt: Protection of trade names in social media and streaming platforms
- Proliferation of the Transfer Portal (and its potential for abuse)
Presented by Amy Kramer, Esq., Greenberg Traurig, LLP, and Ryan D. Levy, Esq., Patterson Intellectual Property Law, P.C.
Track C: Tech Transactions
Antitrust Worthy: Landscape of Tech & M&A
- Emerging frameworks for platform regulation
- Focus on emerging company activity
- Chill on new product development and M&A
Presented by Bryn Williams, Esq., Colorado Attorney General's Office, and Christopher H. Wood, Esq., Lewis Brisbois Bisgaard & Smith, LLP
Track D: In-House
QUICK HIT: Just Enough to Be Dangerous: Trust & Estate Law
Presented by Erica Johnson, Esq., Ambler Keenan Mitchell Johnson, LLC; Moderated by James Brogan, Esq., King and Spalding, LLP
QUICK HIT: Just Enough to Be Dangerous: Adolescent Law
Presented by Patrick Mulligan, Esq., Mulligan Breit McConnell, LLC
Moderated by James Brogan, Esq., King and Spalding, LLP
3:00 – 3:30 pm
Beer Tasting Sponsored by Merchant & Gould, P.C.
Voir Dire Beer®
Infringement IPA®
Attorney Ale®
Lawyer’s Lager®
3:30 – 4:20 pm
Ethics Rumble with Mike and Tom
Presented by Thomas Spahn, Esq., McGuireWoods, LLP, and H. Michael (Mike) Drumm, Esq., Drumm Law LLC
Submitted for 1 Ethics Credit