November 7
Main Session
| November 6
Special Subjects Session
 


AGENDA OVERVEW: For program details, hover cursor over segment or select track agenda at left side of page

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CORPORATE & REGULATORY
9:00AM-10:00AM
Cybersecurity
Jonathan Blavin & Rosemarie Ring
Munger Tolles & Olson LLP
 
CORPORATE & REGULATORY
10:30AM-12:00PM
Corporate Update
Sharon Flanagan, Holly Gregory & Matthew Johnson
Sidley Austin LLP
 
KEYNOTE ADDRESS
12:30PM-1:00PM
2013 Keynote Address
 
CORPORATE & REGULATORY
1:30-2:15PM
The Gathering Storm: The Use of the China Anti-Monopoly Law to Reset the Power Matrix in Intellectual Property Rights
H. Stephen Harris
Winston & Strawn LLP
 As China's Anti-Monopoly Law and enforcement activities by agencies and courts develop, companies with valuable intellectual property must understand recent developments and ongoing investigations that raise the specter of a possibly expansive constraint on the exclusionary rights of patent holders, and possible applications of the AML that could devalue Standard Essential Patents. Steve has represented, and continues to represent, numerous leading high technology companies in dealing with existing and potential threats to the value of their core IP posed by this ongoing evolution in the authorities' application of the AML in the IP context.

CORPORATE & REGULATORY
2:20PM-3:05PM
Divestitures
Douglas Cogen & Mark Stevens
Fenwick & West LLP
 
CORPORATE & REGULATORY
3:30PM-4:30PM
Foreign Corrupt Practices Act: Managing and Minimizing Risks in the Global Business Environment
Thomas DiBiagio & Jeffrey Silk
Baker Botts
  Corporations who participate in United States capital markets are expected to conduct their global operations according to the highest ethical and legal standards. The United States Department of Justice has expressed this expectation through the aggressive international enforcement of the Foreign Corrupt Practices Act and anti-competition laws. These enforcement actions have resulted in the imposition of substantial criminal penalties, injury to corporate reputation and imprisonment for senior management. The government has indicated that the scope of this compliance obligation includes not only direct acts but also action taken by corporations through third-party agents and joint ventures. Drawing on his twelve years of experience as a federal prosecutor, Tom DiBiagio will provide a practical guide as to how companies can meet these expectations and manage the risks of conducting global operations. As a former federal agent involved in numerous intelligence and law enforcement operations in China, Hong Kong, Thailand and other areas, Jeff Silk will provide unique insights as to what companies can do to avoid missteps when operating in high risk regions. Both Tom and Jeff will conclude by outlining steps that should be taken as part of any due diligence on third-party agents, joint ventures and senior management hires.
LIFE SCIENCES
9:00AM-10:00AM
FDA Update
Ellen Darling & Carol Pratt
K&L Gates LLP
 
LIFE SCIENCES
10:30AM-12:00PM
Life Science Corporate Update/Life Science IP Litigation Update
Latham & Watkins LLP
  .
LIFE SCIENCES
1:30PM-2:15PM
Drug Supply Chain Security Measures
Christina Markus & Elaine Tseng
King & Spalding
 
LIFE SCIENCES
2:20PM-3:05PM
LS Privacy Issues
Andrew Serwin
Morrison & Foerster LLP
 
LIFE SCIENCES
3:30PM-4:30PM
 
TECHNOLOGY AGREEMENTS
9:00AM-10:00AM
Business Risk Management Update: Lessons Learned from the "Scariest Decision" of 2014
Christopher J. Banks, Roland Chippey III, Benjamin Pensak & Benjamin P. Smith
Morgan, Lewis & Bockius LLP
 The California Supreme Court denied review of a $407 million judgment (including approximately $360 million in lost-profit damages), arising from a Swiss drugmaker's acquisition of a California biotech startup. Some observers have predicted that the opinion affirming the judgment will cause a wave of lost-profit litigation and discourage companies from participating in mergers and acquisitions. This session will examine the implications of this decision in the context of potential tort liability and the drafting of licenses, joint development agreements, and M&A transactions as well as provide an update on lost-profit damages law and indemnification issues.
TECHNOLOGY AGREEMENTS
10:30AM-12:00PM
Privacy Provisions in Technology Agreements
Jon Neiditz
Kilpatrick Townsend & Stockton LLP
 
TECHNOLOGY AGREEMENTS
1:30PM-2:15PM
Government Contracts
Gail Zirkelbach
Crowell & Moring LLP
 
TECHNOLOGY AGREEMENTS
2:20PM-3:05PM
Open Source
Jason D. Haislmaier/Matt H. Jacobs
Bryan Cave LLP/Black Duck Software, Inc.
 
TECHNOLOGY AGREEMENTS
3:30PM-4:30PM
The Internet of Things
Stephanie Sharron
Morrison & Foerster LLP
 
ADVANCED IP
9:00AM-10:00AM
Calculating Damages in Patent Litigation
Vera Elson & Ed Poplawski
Wilson Sonsini Goodrich & Rosati PC
 
ADVANCED IP
10:30AM-12:00PM
AIA
Erika Arner
Finnegan
 
ADVANCED IP
1:30PM-2:15PM
Patent Office Litigation By the Numbers: How effective are the new procedures for resolving litigation? And how dangerous are the new procedures to your own patents?
Wayne Stacy/Molly Kocialski
Cooley LLP/Oracle America, Inc.
 The America Invents Act implemented new proceedings for reviewing the patentability of issued patents. These new procedures have already profoundly changed patent litigation and patent prosecution. But change does not necessarily correlate with effectiveness. How effective are these procedures in resolving patent litigation? And do they pose a threat to your own patents? Too often these questions are answered based on hyperbole and personal, past experiences with patent litigation. Drawing from a proprietary dataset of over 150,000 data points culled from the Patent Office records, this presentation provides objective answers about the effectiveness of using AIA proceedings to challenge patents and the risks they pose to your own patent portfolio.
ADVANCED IP
2:20PM-3:05PM
Protecting Patents During a PTAB Trial
Eliot Williams
Baker Botts
  Based on early results of Patent Trial and Appeals Board Trials under the America Invents Act, the panels of the PTAB have been called "death squads, killing prope1iy rights," potentially threatening the value of many sizable patent portfolios. Presenter Eliot Williams, who testified before the House Judiciary Committee in its hearings regarding implementation the AIA, will review strategies that have been successful for patent owners in PTAB trials to-date. Mr. Williams will also discuss tactical options for the Patent Owner to employ in order to minimize the disruption that a PTAB Trial could have on IP portfolio value and patent enforcement programs.
ADVANCED IP
3:30PM-4:30PM
APJs and the Evolving Landscape of IPRs, CBMs and PGR
Katherine Kelly Lutton & W. Karl Renner
Fish & Richardson, P.C.
 Fish & Richardson Chair of the Post-Grant Practice Karl Renner and Fish & Richardson Silicon Valley Patent Litigator Kathi Lutton will moderate a panel of APJs on the landscape in terms of IPRs, CBMs and PGR. What is the PTO doing to manage these post-grant procedures, what are they seeing and what do the statistics really tell us (or not tell us).
ADVANCED IP
1:30PM-2:15PM
Multijurisdictional IP issues
David Barron/C.J. Veverka & David R. Wright
Wragge Lawrence Graham & Co LLP/Maschoff Brennan
 
ADVANCED IP
2:20PM-3:05PM
Robert Kramer
Dentons
 
HR/EMPLOYMENT LAW
9:00AM-10:00AM
Employee Trade Secrets in Asia
A. Marisa Chun
McDermott Will & Emery LLP
 
HR/EMPLOYMENT LAW
10:30AM-12:00PM
Whistleblowers and Retaliation Issues
Ulrico Rosales
Wilson Sonsini Goodrich & Rosati PC
 
HR/EMPLOYMENT LAW
1:30PM-2:15PM
Hiring and Firing: What’s on the Horizon for 2015?
Tamara Devitt
Haynes and Boone, LLP
 This presentation will feature an interactive discussion on several hot button "hiring and firing" employment law issues for 2015: The EEOC's agenda for severance agreements and employee background Checks; also, the implications of the California Supreme Court decision Iskanian v. CLS Transportation LLC, upholding the enforceability of class action waivers.
HR/EMPLOYMENT LAW
2:20PM-3:05PM
Eric Amdursky/Ron Johnstone
O'Melveny & Myers LLP/Yahoo! Inc.
 
HR/EMPLOYMENT LAW
3:30PM-4:30PM
Daniel McCoy & Victor Schachter
Fenwick & West LLP
 

Please Note: Program details are subject to change without notice

Ivy Associates is a State Bar of California MCLE approved provider. The November 6-7, 2014 program qualifies for a maximum of 14 hours of total credit, including a maximum of: 4 hours of special subject credit for Legal Ethics; 1 hour of special subject credit for Elimination of Bias in the Legal Profession; and 1 hour of special subject credit for Prevention, Detection and Treatment of Substance Abuse or Mental Illness That Impairs Professional Competence.

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