Sunday, November 2nd, 2014

11:00 – 1:00

1:00 – 1:15

1:15 – 2:00

Institute Registration

Welcome Address and Chairperson’s Opening Remarks

As the United States Patent and Trademark Office (USPTO) concludes fiscal year 2014, the first full year after fully implementing the America Invents Act, hear updates on operations and important initiatives at the USPTO, including progress on the establishment of the Silicon Valley Office and an outlook for 2015.

Updates from the USPTO and the Silicon Valley Office

John Cabeca, Director of the Silicon Valley USPTO

2:00 – 2:45

The IP Solutions Showcase is designed to provide attendees with insight and information on cutting edge technologies and solutions to help improve the performance of their portfolios. The following solutions will be presented.

Michael Degn, of MultiLing, will discuss trends of corporate counsel using specialized service providers. The following topics will be discussed: • How to reduce Total Cost of Ownership (TCO) in your foreign filings • How to reduce office actions, litigation risk, and improve time-to-grant

Leon Steinberg, of Black Hills IP will uncover, “What Law School Didn’t Teach Us about the Annuity Industry.” The following topics will be discussed: • Two case histories illustrating annuity provider economics • How do reduce your overall annuity spend • How to deal with Sarbanes Oxley issues with your existing annuity provider • How analytics can help make renewal decisions

Priya Iyer of Anaqua will present on how to improve the dialog between IP and Business Unit Executives for better business-driven IP decisions and IP-driven business decisions, including:

• Proactively managing the innovation cycle for IP protection and competitive advantage. • Showing how your IP portfolio aligns with business strategy both today and for the future.

IP Solutions Showcase

Michael Degn, VP, Global Sales, MULTILINGLeon Steinberg, Chairman, BLACKHILLSPriya lyer, Chairman & CEO, ANAQUA

2:45 – 3:30

3:45 – 4:30

In the face of weakened patent protection, more companies are turning to trade secret law to keep their assets safe. But the oldest form of IP protection is now subject to the most challenges. Employee mobility, the adoption of BYOD policies together with increasingly outsourced infrastructure and the ubiquity of social media put companies’ most valuable resources at risk of theft and loss.

The session will explore:

• Creating a culture that respects IP • Identifying confidential assets in each business unit • Identifying where theft & loss occur • Setting appropriate standards • Training & testing • Winning perceptions at trial

As patent portfolios grow, it becomes increasingly important to manage the costs and seek protection in a strategic manner. Patent portfolio management must be adaptable to recent case developments and changes in statutory law. Commercialization efforts and options are directly impacted by patent preparation and prosecution strategies, so those efforts should be constantly considered throughout the process. This Think Tank will allow you to hear from your peers about strategies for addressing these issues.

This session will explore:

• Where to devote resources/budget in the development of your portfolio • Utilizing available prosecution procedures to more efficiently obtain patents • Anticipating and reacting to recent case precedent (e.g., Alice v. CLS Bank) • Adapting strategies based upon developments in the law (e.g., AIA) • Evaluating the strength and strategic value of patents in your portfolio for commercialization

Implementing a Trade Secret Protection Program

Interactive Discussion on Advanced Patent Portfolio Development Tactics

Tom Fitzpatrick, Partner, Co-Chair IP Litigation Practice Group, PEPPER HAMILTON LLP

Gary Solomon, Partner, DENTONSEric Sophir, Partner, DENTONS

Business Meetings2:45 – 4:45

To be competitive, software companies and IT organizations must rely on OSS, and in-licensed third party software more generally, including for key aspects of their product offerings, to allow them to build better software faster, increasing agility and accelerating innovation. However, with this comes the potential to take on unknown business, legal, technical and security risks. As a result it is important to closely track OSS and other third party software usage and to identify, assess and mitigate the related risks. Given all this, acquiring companies/investors and customers/licensees are focusing very heavily on OSS and other third party software during due diligence and expressly addressing the related risks in the definitive agreements. In preparation, sellers and licensors must clearly understand their use of OSS and other third party software. Every business must now be fully aware of all OSS and other third party software used within their products and business environment or face potentially large legal and business consequences when such use is not correctly managed.

• Introduction to OSS, including common licenses and recent trends • Challenges and common concerns for acquirers/investors and sellers • Recent litigation involving OSS • Impact on due diligence • Impact on definitive agreements • Addressing OSS risk well before a transaction

Anthony Decicco, Partner, GTC LAW GROUP

The Impact of Open Source Software (OSS) in M&A and Other Transactions5:15 – 6:00

The European patent system is undergoing major change. The introduction of the Unitary Patent and Unified Patent Court have been well documented, but other influences such as increasing interest by competition authorities are also playing their part in patent litigation and patent strategies. The session will explore the strategic issues to be considered when managing a patent portfolio and enforcing or defending a patent case in Europe. We will look at:

• Injunctions in patent cases: where does Europe stand? • When do patents infringe European competition law? • Update on implementation of the UP and UPC, areas of uncertainty and timetable • Implications for in-house counsel (managing portfolios, maximizing value and implementing strategies)

4:45 – 5:15 European Patents: Navigating Seismic Shifts

Hiroshi Sheraton, Partner, BAKER & MCKENZIE Stephen Perkins, Associate General Counsel IP, COVIDIEN

6:00 – 6:45

Welcome Cocktail Reception and Dinner Function6:45 – 10:00

IP Monetization: Strategically Extracting Maximum Value from Your Patent Portfolio

As the role of Chief IP Counsel continues to evolve, IP Leaders are under increasing pressure to create a strong ROI and aid in driving maximum value for their organizations. In an increasingly service knowledge and information based economy, IP assets are assuming greater importance in some companies, these valuable IP assets can make up to 80% of a company’s worth.

Join Richard Weiss, Chief IP Counsel at NCR as he presents for us a holistic overview of IP monetization, focusing on the following:

• What should your IP monetization strategy involve and include • Considering the many ways in which IP can be monetized and deciding on the best method • Navigating the various types of monetization agreements, with a focus on IP licensing terms and conditions

Richard Weiss, Chief IP Counsel, NCR

Monday, November 3rd, 2014

7:30 – 8:30 Breakfast

8:30 – 9:15

Mary Fuller, Chief Patent Counsel, MAXIM INTEGRATED PRODUCTSPryor Garnett, Senior Counsel, Patent Strategy, IBM CORPORATION

Successfully Maximizing Your Global IP Strategy

According WIPO, last year the number of annual international patent applications surpassed the 200,000 mark for the first time with the total number of filings listed at 205,300, a 5.1% growth from 2012. This level of growth is immense and factors greatly into the IP and corporate strategy for any company operating in the global market place.

Mary Fuller, Chief Patent Counsel from Maxim Integrated Products and Pryor Garnett, Senior Counsel, Patent Strategy from IBM Corporation will speak to this rapid globalization of IP and explore the following:

• Successfully navigating global IP enforcement systems • Best practices in cross border IP strategy • A comparative analysis of IP enforcement systems

Effectively managing IP is a challenging strategic imperative for today’s IP professionals. Building and leading a learning organization fluent in IP remains a challenge in all environments. Providing IP a seat at the C-suite table is essential for sustaining IP positions of strength and enhancing growth at technology-leading companies.

• The CIPO role’s impact on business decisions for increased business value • Organizing for effective and efficient IP operations founded on analytics • Identifying potential collaborations, competitive threats or enforcement opportunities • Uncovering intelligence that fits your business needs • Managing CEO expectations

Enhancing Organizational IP Value and the Chief IP Officer Role

J. BRUCE SCHELKOPF, Group SVP & Chief IP Officer, ABB

8:30 – 9:15

9:15 – 10:00

The majority of BRICS countries have similarities in their IP systems. That is, patent protection is basically TRIPS compliant. This is particular true in terms of Brazil and India and poses hurdles for many industries, especially, the pharma industry. Absence of patent linkage, data exclusivity periods (DEP) and restrictive provisions on certain subject matter in Brazil could stifle investments. Paradoxically, Brazil has historically demonstrated a pro IP sentiment by signing major international agreements.

• Backlog at the Patent Office is detrimental to most industries • Is there a tendency to raise the level of non-obviousness requirement in developing countries? • Lack of sufficiency of disclosure and best mode have become additional criteria for patentability • Is TRIPS ‘plus’ protection restricted to developed countries?

Think Tank: Best Practices for IP Protection in BRICS Economies

Rana Gosain, Partner, DANIEL ADVOGADOS

9:15 – 10:00

12:00 – 1:00 Networking Lunch

Generating Additional Revenue through Licensing Programs

Companies are increasingly pressured to monetize their intellectual property. IP Counsel are receiving a plethora of offers to buy or valuate their portfolios. With all the demands and opportunities to monetize, what do IP Counsel need to consider?

In this interactive discussion the following topics will be considered:

• What’s going on in the IP market? • New monetization models • License or litigate? • Sources of investment • Should you go to market and if so, how?

Michael Dansky, Executive Director, CAPSTONE ADVISORY GROUPBradford Kullberg, Managing Director, IP Services, CAPSTONE ADVISORY GROUP

10:00 – 12:00 Business Meetings

1:00 – 1:45 Making Your Mark and Ensuring it is Protected

When your marketing teams engage in innovation and renovation, managing the development and use of the resulting new brands and product designs is key to helping your business create a competitive advantage but often the task can be quite daunting. There are however, a few proactive steps that can be taken that will go a long way toward easing your task and creating a comprehensive protection and enforcement strategy for your brand.

• Building successful relationships between the legal and marketing departments • Ensuring all protections are in place and owned by your company (NDA’s, development agreements, work for hire, talent releases, design patents, etc.) • Managing brand usage by the various parties involved in the life span of the product – i.e. marketing, promotions, agencies, customers, etc. • Enforcement: Pro-actively creating an enforcement strategy defining how best to deal with misappropriation of mark, image or copyright

Jacqueline Stelling, Chief Trademark Counsel, North America, NESTLE NUTRITION AND NESTLE WATERSChrista Cole, Managing Counsel, IP, NESTLE USA

1:00 – 1:45 Biotechnologies: Expanding Existing Portfolios and Rights

Marian Flatter, Assistant Chief IP Counsel, DUPONT PIONEER

Today, modern biotechnologies are making great strides: from combating rare diseases, to feeding the hungry, to providing safer, cleaner and more efficient industrial manufacturing processes. Due to these modern technologies and uses, the global market for biotechnologies is booming. In 2015, the global biotechnology market is forecast to have a value of $398 million, an increase of 5% since 2010. This along with the establishment of new regulatory guidelines in the US has generated increased interest and opportunity in the sector. More recently however, there have been signs that the growth may not be as fast and furious as expected in part due to the fact that the regulatory agencies (particularly the FDA) are applying more stringent requirements for product approval.

• Best practices in biotechnology patenting • Leveraging Competitive advantage • Recent regulatory changes • Managing and expanding your IP portfolio

1:45 – 2:30 Landscaping: Deriving Compelling Insights from Public Patent Filings

John Martin, CEO, INNOGRAPHY

Not only is patent landscaping an integral part of strategic IP management, landscaping using all the public patent filings is key to competitive intelligence, optimizing global expansion, setting product strategies, and planning R&D directions. Insights from landscapes - stitched together through conceptual similarity (not just keyword similarity) - are critical in helping corporations make better-informed decisions about their products, market strategies, and investment directions. Patents are a unique source of insight into scenario planning for how future product and markets may look in a few years’ time. John Martin, CEO of Innography discusses:

• When to use patent landscapes • Developing a patent landscape approach • Landscaping limitations and how to address them • Using landscaping to shape a proactive IP and market strategy

1:45 – 2:30 IP 2.0 – Towards a New Conception of IP Strategy

Paul Adams, CEO, EVEREDGE IPChris Donegan, CEO, Europe, EVEREDGE IP

While companies were once measured on the goods they manufactured or traded, today they compete in a marketplace of ideas and innovation. Never before has the ingenuity in an organization — the processes, inventions, creativity and intelligence of its people — been as commercially critical, as financially valuable or as strategically fundamental to business strategy.

Yet there is no statistically significant correlation between the size of a company’s IP portfolio and stock price performance. Reconciling these two positions requires a new approach to IP that recognizes that merely having IP is not enough. It’s what the organization does with it, how it manages it, it’s broader strategy, that transforms all organizational IP into something truly valuable.

• How do you place intellectual property at the forefront of business strategy? • Moving the needle - IP as an investment catalyst to drive stock price. • IP is broader than patents – transforming all of IP into a business asset • A business centric approach to IP that engages the C-suite

4:30 – 5:30

This interactive roundtable style session is designed to provide attendees the opportunity to “huddle up” and talk through issues surrounding their top priorities, with an eye to uncovering best practices. Attendees will have the opportunity to ask questions, and to discuss with their peers their opinions and strategies employed.

1. Implementing Patent StrategyFacilitator: Aaron Smith, Senior Corporate Patent Counsel, SYMANTEC CORP

2. Inter Partes Review Provision in AIAFacilitator: Chad Hanson, Senior Legal Specialist, IP Litigation, MEDTRONIC

3. Obtaining Well Known Mark Registration in ChinaFacilitator: Danny Chen, Partner, UNITALEN ATTORNEYS AT LAW Facilitator: Yongbo Li, Partner & Head of Litigation Team, UNITALEN ATTORNEYS AT LAW

IP Leadership Roundtables

Aaron Smith, Senior Corporate Patent Counsel, SYMANTEC CORPChad Hanson, Senior Legal Specialist, IP Litigation, MEDTRONICDanny Chen, Partner, UNITALEN ATTORNEYS AT LAWYongbo Li, Partner & Head of Litigation Team, UNITALEN ATTORNEYS AT LAW

Free Time

Dinner and Evening Entertainment

5:30 – 6:30

6:30 – 10:00

2:30 – 4:30 Business Meetings

Tuesday, November 4th, 2014

7:30 – 8:30

8:30 – 9:30

10:30 – 11:30

Breakfast

Analyzing the Importance of The Supreme Courts Most Recent Rulings on IP Law

Ethics and Patent Practice: A Discussion of the Issues Facing In-House Counsel Today

Over the past year, there has been an abundance of activity in the Supreme Court’s ruling over a multitude of IP laws and legislations. This panel style session of open discussion will consider some of these important case decisions and the impacts they may have on you and your organization. With the help of our IP expert panel, the following cases will be considered.

• Alice Corp. v. CLS Bank International • Nautilus v. Biosig • Limelight v. Akamai • Octane Fitness v. Icon Health & Fitness • Highmark v. Allcare Health Management System

This session will discuss new and recurring ethical issues that should be of concern to in-house counsel, and those they hire to represent their employers. Among other things, the session will:

• Analyze the impact of the AIA and the BPCIA on prosecution bars and suggest action • Identify issues created by the new USPTO ethical rules • Identify new developments in legal ethics that have a particular impact on IP or in-house counsel

Moderator: Jim Bollinger, Partner, TROUTMAN SANDERSWilliam Ralston, Chief IP Counsel, VIASATMelissa Scanlan, Senior Director, Litigation and Antitrust, T-MOBILEThomas Barnes, IP Counsel, INTERNATIONAL PAPERBryan Geurts, Chief Patent Counsel, NASA GODDARD SPACE FLIGHT CENTER

David Hricik, College of Law Professor, MERCER UNIVERSITY

9:30 – 10:30 Business Meetings

11:30 – 11:45 Chairperson’s Closing Remarks

Closing Lunch11:45 – 1:00