2017 All Hands Meeting
October 18 Session
Advanced IP Track Agenda

9:00AM-10:00AM   Room 210
Does Make Believe Matter? Effectively Using Mock Trials in Complex IP Litigation

Stefani Shanberg/David Majors/Johanna Carrane
Morrison & Foerster LLP/Symantec Corp./JuryScope, Inc.

Can litigants better prepare for high stakes and technically complex jury trials through the use of mock trials and focus groups? Engaging in mock trials is costly and time-consuming: is it worth it? Mock trials can be used to test stories, theories, and witnesses. None of it matters if judges and juries do not understand it and believe it. This panel will analyze best practices in utilizing mock trials to effectively communicate to a jury, from the perspective of a top jury consultant, experienced in-house litigation counsel, and outside counsel.

10:30AM-12:00PM   Room 210
IP Litigation and Licensing: The Past, Present, and Future (or the Good, the Bad, and the Ugly)

Harrison (Buzz) Frahn & Jeffrey Ostrow/Christopher Nalevanko/Rochael Adranly/Adam Dolinko
Simpson Thacher & Bartlett LLP/Zoox Inc./IDEO/Essential

After years of reform at the hands of courts and Congress, where is IP litigation and where is it heading? What unifying theme runs through the Supreme Courtís IP rulings? What should general counsels and their teams be looking for around the around the corner, not only in the context of potential litigation, but also licensing, portfolio valuation, deal-making, and beyond? Join us in this highly interactive session to understand the implications of IP law reform (or lack thereof) to the lifeblood of Silicon Valley technology and life sciences companies. In this session, leading thinkers on the topic will explore how legal teams can utilize and protect their IP assets.

1:30PM-2:15PM   Room 210
Post-Halo: Defending Against Allegations of Willful Infringement

Wayne Stacy & Sarah Guske
Baker Botts LLP

Before Halo, the ability to sidestep willful infringement under the objective prong of Seagate was critical to avoiding liability (not just liability for willful infringement), but is no longer available. This presentation will cover willfulness in the post-Halo world, approaching the issues from a practical rather than strictly legal perspective (Who should be your willfulness witness? How should he/she prepare? What are the traps plaintiffsí counsel are likely to set, and how can you prepare for and counter them?) The issues it addresses are game-changing from a corporate defendantís perspective:
  • Jury behavior
  • Supreme Court changes to willfulness proofs
  • Discovery tactics for developing a willfulness case in light of Halo
  • Company procedures for demonstrating lack of willfulness in light of Halo
  • Privilege waiver issues associated with willfulness

2:20PM-3:05PM   Room 210
Prosecuting Patents From a Litigatorís Perspective

Phil Woo & Henry Welch
Haynes and Boone, LLP

While most companies recognize the need for patents to protect technology, cross-license, and assert as necessary, many legal departments are structured so that there is a divide between patent prosecutors and patent litigators, with the groups often having little to no interaction. But much could be gained if the attorneys who actually litigate patents were able to share their insights with those who are responsible for obtaining them. Learn about the issues that litigators focus on when litigating patents, and practical tips for prosecuting patents in light of the same.

3:30PM-4:30PM   Room 210
How to Prepare For The Next Evolution In Patent Damages

Vera Elson & Edward Poplawski
Wilson Sonsini Goodrich & Rosati PC

For years, the calculation of patent litigation damages has been a moving target, and there are no signs of it slowing down soon. This presentation will bring in-house counsel up to date on key developments, including:
  • Apportionment - the CAFC will either soon be deciding or (even better) will just have decided the Exmark case regarding whether apportionment should be applied even when the literal language of the claim purports to cover the entire product even though the novel aspect of the invention is far narrower; and
  • Extraterritorial Damages - their status and availability.

Please Note: Program details are subject to change without notice

2017 Participating Law Firms & Companies