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May 6-8, 2025

ANNUAL SILICON VALLEY MEETING
”UPHEAVALS AHEAD: PREPARING YOUR IP DEPARTMENT FOR TECTONIC SHIFTS”
MAY 7-9, 2024
Crowne Plaza Palo Alto

2023 was a challenging year. Entering 2024, IP Counsel expect more turbulence ahead. We are in a U.S. Presidential Election year. As we battle inflation with high interest rates, there are rumblings of more layoffs on the horizon. Wars continue to rage in Europe and the Middle East, while geopolitics reshape our supply chains and global alliances. The world is changing, impacting businesses and posing greater risk to IP. Meanwhile, the rise of Generative AI promises maximum efficiencies while increasing risk to security and data privacy. Staying abreast of new developments is daunting. IP Counsel Cafe has crafted a robust agenda that will provide you key insights on the emerging landscape and new strategies for staying ahead. Get all the information you need in one place at one time. Join us.

HIGHLIGHTS:

• What do Data Privacy, Trade Secrets & Confidentiality Mean in an AI World?

• Trade Wars, Export Control and Geopolitics: Impact on Your IP Portfolio

• Global IP Litigation Trends, NPEs and Impact of the UPC

• AI & New Legal Technologies: Strategies for Increasing Efficiencies

• Open Source & Copyright Risks

• How is the IP Profession Changing? The Future of Your Career

• Plus! Exclusive Women Law Leaders Program

Network & Earn up to 10 CLE credits.

THANK YOU TO OUR SPEAKING FACULTY
MAY 7-9, 2024 | PALO ALTO

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DETAILED AGENDA

MAY 7 | MAY 8 | MAY 9

DAY 2 - MAY 8

8:00 AM - 8:30 AM
Registration & Networking Breakfast

8:30 AM
Welcome Remarks

8:45 AM - 9:15 AM
Fireside Chat with the USPTO: Inventorship Guidance for AI-Assisted Inventions

Speakers:

9:15 AM - 10:05 AM
A Framework for Leading in Uncertain Times: Reshaping the Legal Department and Role of Corporate Counsel
Companies are grappling with great uncertainty in the global race to innovate. Business is impacted by multiple factors, including geopolitics, technological shifts, demographic changes, new laws and policy considerations. Regulations are evolving and new export control restrictions are introduced frequently. We are still waiting for clarity around AI related issues such as IP ownership. AI tools are changing the way we work. Hybrid work continues to revolutionize work culture. How do you advise your business in the face of such great uncertainty? How do you adapt your legal teams to address new challenges and technologies? How do you structure your department in such tumultuous times?

Speakers:

10:05 AM - 10:55 AM
Global IP Portfolio Building for Emerging Technologies in a World of Unknowns
Companies face many unknowns as they build their products and IP portfolios. The challenges are amplified when new technologies emerge, reshaping industries at an ever increasing pace. How do companies in emerging industries build their portfolios in the face of so many unknowns?  

• What are the challenges around building a global IP portfolio in emerging industries?

• How are laws and policies developing around new technologies in different parts of the world?

• What is the impact of the UPC on global IP?

• What strategies can help IP Counsel navigate hurdles in emerging technologies?

Speakers:

10:55 AM - 11:10 PM
Networking Coffee Break

11:10 AM - 12:00 PM
Shifting Landscape and Challenges in Global IP Portfolio Building
Successful global IP portfolio building has always required an understanding of evolving markets and demographics, business challenges, and local laws. The IP Counsel's job is now further challenged by export control laws and global trade considerations.

• How are supply chains shifting?

• How are markets evolving?

• What IP challenges do companies face in the current climate?

• How do you successfully build your IP portfolio in light of all these moving parts?

Speakers:

12:00 PM - 12:50 PM
European Update: UPC, SEP Licensing, AI and Other Considerations
Europe is emerging as an epicenter of much IP activity. Nearly a year has passed since the UPC launched.  We will discuss emerging trends and share best practices for moving forward.  

• Which industries opted in or out of the UPC?

• Are we seeing any trends among European vs. non-European companies?

• Is it more cost effective to file in the UPC?

• Will the EPO see more cases or not?

• What is happening in the EU with regard to SEP licensing?

• With UPC Courts eager to grant injunctions in 17 countries, what potential effects could this have on European innovation and investments?

• What is the status of AI regulation and Copyright Law in Europe?

Speakers:

12:50 PM - 1:50 PM
Luncheon and Interest Group Discussions

“E.D. Texas and ITC Litigation Trends”

“Career Path Discussion”

“Improving Patent Quality”

1:50 PM - 2:05 PM

Coffee and Dessert - Grab & Go

2:05 PM -2:55 PM

PTAB Strategy Update
There is a fundamental tension between IPRs, litigation and the Fintiv decision. When you go to trial, there is still a consideration for IPRs, which can lead to forum shopping. While litigation rates have declined overall, it is increasingly complex due to the various tools that can be used strategically in various scenarios. We will explore developments at the PTAB and share new strategies.

• What is the status of the potential reforms?

• What comments have been provided to the USPTO?

• What can companies expect over the next year?

• How can companies modify their PTAB strategy?

Speakers:

2:55 PM - 3:45 PM
What Do Trade Secret, Confidentiality and Privacy Mean in an AI World?
Generative AI has opened a huge can of worms in the world of trade secrets, confidentiality and privacy.  Generative AI cannot exist without training data. A new framework is needed for this new area of law.  

• How should we be treating company data?

• What are the risks and rewards?

• What data are you entering?

• What data are you outputting?

• How is your data being used by your vendors?

• What terms can you negotiate?

• What are the Legal and Regulatory landscapes around data and generative AI in the EU vs. US?

• As companies increasingly rely on trade secret protection, what processes or procedures are effective for protecting company information?  

Speakers:

3:45 PM - 4:20 PM
Developing and Implementing an Effective AI Policy

4:20 PM - 5:10 PM
U.S. IP Litigation Trends: Patents, Trade Secrets & Copyright
In 2023, the number of patent lawsuits filed dropped for the first time in three years.  However, according to Lex Machina data, NPE litigation increased.  In fact, over 50% of patent lawsuits were filed by NPEs.  We will discuss:

• Which industries are actively litigating? 

• Who are the players?

• Have there been any shifts in litigation funding?

• How do you limit the amount of money your company spends on litigation funded cases?

• Have there been further developments around transparency and Judge Connelly's order to disclose the identity of funders in Delaware?

• What defense strategies have worked for companies facing different types of litigation funded activity? 

• Perspectives on Litigation around AI, data sets and copyright

• Are we seeing an uptick in Trade Secret litigation?

Speakers:

5:10 PM - 6:00 PM
Global IP Litigation Trends
The global IP litigation landscape is shifting.  We will discuss how various factors are reshaping multi-jurisidictional litigation and share strategies for navigating the new hurdles.

• How is Litigation Funding impacting global litigation?

• What is the impact of the UPC?

• How will the UPC handle SEP lawsuits?

• What trends are we seeing in the UPC?

• What litigation trends are we seeing in Brazil?

• How do you manage multi-jurisdictional litigation?

Speakers:

6:00 PM - 7:00 PM
Live Jazz Cocktail Reception

Join us for live music, hors d’oeuvres, open bar and a special announcement! Thank you to Murgitroyd for sponsoring this reception.

END OF DAY 2

MAY 7 | MAY 8 | MAY 9

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DETAILED AGENDA

MAY 7 | MAY 8 | MAY 9

DAY 3 - MAY 9

MORNING PROGRAM: '“AI, TOOLS AND TECHNOLOGIES FOR INCREASING EFFICIENCIES”

8:00 AM - 8:30 AM
Registration & Networking Breakfast

8:30 AM
Welcome to the Future of the Patent Department

8:40 AM - 8:50 AM
LLMs in Action: Transforming Legal Department Dynamics

Speaker:

8:50 AM - 9:50 AM
Breakfast & Discussion: The Future of the Patent Department: Impact of AI Tools on our Profession
We are on the cusp of great change. AI tools have the potential to reshape legal departments, processes and procedures. With their ability to increase efficiencies, you could potentially build a very lean IP department. Where is the patent department headed, as technological advances change the way we work?

• What tools and technologies are companies using? What are the pros and cons?

• How can legal technologies and AI support innovation and increase efficiencies without discouraging your inventors?

• Can AI tools create efficiencies in litigation?

• Is there an easier and more affordable way to conduct prior art search, patent landscape analysis and valuations?

• Are AI tools good for writing patent applications?

• How are companies deciding what to prune to reduce maintenance fees? How can tools help?

• What are the limits of AI and other technologies?

• What does this all mean for the future of patent departments?

Speakers:

9:50 AM - 10:50 AM
Building Your IP Portfolio in the Current Landscape
Over the past year, many companies have undergone layoffs and restructuring.  IP departments have had to do more with less headcount and resources, and it’s unclear when the environment will improve. Facing budget pressures, IP departments are under increased pressure to justify the cost of their IP portfolios.  Our panel will address various considerations around portfolio building in the current environment.

• How do you make budget projections in an uncertain economic environment?

• How do you increase innovation and efficiencies when rightsizing?

• As your portfolio grows, how do you think about ROI on patents?

• How do you determine how much a patent is worth?

• Where is the market headed and how do you decide which assets to pursue?

• If you are not pursuing a program, how do you prepare the patent for licensing opportunities?  

• What licensing trends should you be aware of?

• The IP application process flow can be quite predictable, but many external factors can impact cost.  How do you plan your budget with expected costs at certain times of the year?  

• How do you deal with unexpected factors?

• How do you deal with unpredictable hiccups such as 101 rejections that can impact your budget and cost expectations?

Speakers:

10:50 AM - 11:10 AM
Networking Coffee Break

11:10 AM - 12:05 PM
Rise of Trade Secrets and Privacy Concerns: Protecting Data & Confidential Information While Extracting Value
Companies are collecting large amounts of extremely valuable data, yet they often do not know how to manage this esoteric category of IP.  We will discuss best practices for extracting value, protecting data privacy, and avoiding IP contamination.

• What data are you collecting and what insights can be extracted from a data analytics point of view?

• How should you treat company data?  What are the risks and rewards?

• How do you avoid IP contamination in various scenarios?  

• How do you educate your business on what information they can and cannot disclose?  

• How do you ensure your scientists are not disclosing confidential information or trade secrets in joint developments or other collaborations with outside parties?  

• How do you educate teams on how to treat documents and proprietary information? 

Speakers:

12:05 PM - 12:55 PM
Global IP Strategy and Working Seamlessly with Law Firms on a Global Scale

In our global economy where companies are doing business across borders with vastly different laws, regulations, and practices, obtaining and protecting IP across multiple jurisdictions is a challenge.  Achieving the right balance of patents, copyrights and trademarks is important for effective IP protection.  

• How can you cost-effectively work with U.S. and foreign counsel across jurisdictions?

• How do you select outside counsel and create a successful relationship so that they are helpful strategic advisors?

• US and European patent laws are very different, and US attorneys do not know European laws very well.  How do you cost effectively deal with the differences in foreign laws?

• How do you deal with trademark infringement in multiple countries?  

• How do you decide which infringers to pursue?

• How do you partner with foreign firms to ensure your global IP protection is effective yet within budget?

• How do you maximize the value of outside counsel and incentivize them to do more efficient prosecution?  

• How are companies working with their outside counsel? Are models evolving?

Speakers:

12:55 PM - 2:00 PM
Luncheon & Discussion: AI, Open Source Risk and Indemnities
With the rise of generative AI, there are increased concerns around OS risk. There is ambiguity around the terms of OS licenses.  Furthermore, OS license are rapidly changing, causing a great deal of business unpredictability. 

• How do you manage and reduce OS risk?

• How do you integrate OS into your overall IP strategy?  

• What are the areas of concern?  

• What indemnities are being offered and are they useful?

• Who will own AI and why does it matter?

Speakers:

2:00 PM - 2:50 PM

IP Counsel Career Path - What is the Future of the Patent Profession?
The world, work culture, and our IP profession are changing. What is different about them today than 10 years ago? What does this mean for your career? What challenges do we face as we hire and build out our teams? How can today's IP Counsel shape the future of the profession? How do DEI initiatives fit into the future of our profession?

Speaker:

2:50 PM - 3:20 PM

Where is the Patent Profession Headed, the Impact of DEI and ADAPT
Speakers:

3:20 PM - 4:00 PM
Life Sciences Group Meeting

Speakers:

END OF PROGRAM
See you next year!
MAY 7 | MAY 8 | MAY 9

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DETAILED AGENDA

MAY 7 | MAY 8 | MAY 9

DAY 1 - MAY 7

Please check back for Agenda updates.

1:00 PM - 5:00 PM
WOMEN LAW LEADERS PROGRAM AT THE ROSEWOOD SAND HILL HOTEL
Separate registration required.

Click here for details.

5:30 PM - 8:30 PM
IP COUNSEL CAFE WELCOME DINNER FOR CORPORATE COUNSEL
This Dinner is open to Corporate Counsel only and is by invitation only. Space is very limited.

END OF DAY 1
MAY 7 | MAY 8 | MAY 9

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