Day 1

Day 1

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7:30 AM Workshop A: Working the Rules: A Sampling of the Procedures in the Most Litigated Jurisdiction

Melissa Scanlan , Director, Legal Affairs, T-Mobile USA

Paula Blizzard , Partner, Keker & Van Nest LLP

Certain districts, such as the Eastern District of Texas, have become centers of patent litigation.  Many of these jurisdictions have developed local or judge-specific practices and procedures for dealing with patent litigation cases.  Understanding these practices and procedures can be crucial to success in a patent litigation case.

In this session you will learn:
  • Which jurisdictions have formally developed patent-specific procedures
  • Which jurisdictions or judges tend to informally adopt patent-specific procedures from other jurisdictions
  • How jurisdictions and individual judges handle transferring venues
How you will benefit:
  • Gain an understanding of how venue can impact the course of litigation and your litigation strategy
  • Learn from people who have litigated in various jurisdictions
Melissa Scanlan
Director, Legal Affairs
T-Mobile USA

Paula Blizzard
Partner
Keker & Van Nest LLP

9:45 AM FOCUS SESSION: Organizing the Legal Team: Effective Strategies for Finding the Right Counsel and Establishing Strong, Efficient Working Relationships between In-House and Outside Counsel

Tim Lynch , Chief IP Officer, Deputy General Counsel and Vice President, Eastman Kodak Company

Brad Waugh , Sr. Litigation Attorney, Intel Corporation

Elizabeth Tse , IP Litigation Counsel, Hewlett-Packard Company

  • Deciding what type of expertise is most important for the particular case
  • Determining what to keep in-house versus what to outsource for time management and cost efficiency purposes
  • Establishing decision-makers or point persons in-house
  • Facilitating strong working relationships between in-house and outside counsel
  • Understanding in-house counsel’s responsibilities in terms of managing their own custodians and information
Tim Lynch
Chief IP Officer, Deputy General Counsel and Vice President
Eastman Kodak Company

Brad Waugh
Sr. Litigation Attorney
Intel Corporation

Elizabeth Tse
IP Litigation Counsel
Hewlett-Packard Company

11:45 AM Helping the Judge and Jury Navigate Complicated, Technical Cases to Make Well-Informed Decisions

Judge Elizabeth Laporte , Chief Magistrate Judge, US District Court, Northern District of California

  • Understanding what it is like for the court to have a patent case on the docket
  • How to help the judge understand the pertinent claims in the case
  • Review of claim and prior art narrowing to develop a reasonable scope of litigation
  • Working with experts and consultants that have relevant, technical backgrounds
Judge Elizabeth Laporte
Chief Magistrate Judge
US District Court, Northern District of California

1:30 PM Developing a Customized In-House Approach to Handling Patent Infringement Litigation: One Size Does Not Fit All

Jim McDonald , Chief Patent Counsel, Blackhawk Network, Inc.

John LaBarre , IP Litigation Manager, Google

Katharine Rice , Corporate Counsel, Gilead Sciences Inc

  • This session will ask the following questions:
  • What level of involvement should in-house counsel have in patent litigation?
  • Does reliance on outside counsel for litigation give NPEs more leverage?
  • Are there benefits to moving more litigation responsibilities in-house?
  • What factors should be considered in developing the balance of responsibilities working with outside counsel on patent litigation matters?
Jim McDonald
Chief Patent Counsel
Blackhawk Network, Inc.

John LaBarre
IP Litigation Manager
Google

Katharine Rice
Corporate Counsel
Gilead Sciences Inc

2:15 PM Negotiating and Using Alternative Fee Arrangements to Achieve More Cost Certainty

Melissa Scanlan , Director, Legal Affairs, T-Mobile USA

Richard Ogawa , General Counsel, Inphi Corporation

  • Deciding whether an alternative fee arrangement is appropriate for the case at hand
  • Determining an outside firm’s interest in negotiating alternative fee arrangements
  • Understanding the pros and cons of alternative fee arrangements
Melissa Scanlan
Director, Legal Affairs
T-Mobile USA

Richard Ogawa
General Counsel
Inphi Corporation

3:45 PM Making Sound Business Decisions: Considerations in Evaluating Whether to Litigate or Settle

Gillian Thackray , Director of IP Litigation, The Clorox Company

Bill Harmon , Assistant General Counsel, Patent Litigation, MICROSOFT

David Brightman , VP and Associate General Counsel – IP Litigation, Yahoo

  • Assessing the plaintiff’s claim to have a complete understanding of the most appropriate course of action
  • Evaluating the sophistication of the plaintiff and the claim
  • Estimating the potential cost of litigation
  • Deciding whether to litigate for deterrence purposes
Gillian Thackray
Director of IP Litigation
The Clorox Company

Bill Harmon
Assistant General Counsel, Patent Litigation
MICROSOFT

David Brightman
VP and Associate General Counsel – IP Litigation
Yahoo

4:30 PM Developing Clear Expectations and Obligations within Joint Defense Groups to Maximize Value and Reduce Redundancy

Brad Waugh , Sr. Litigation Attorney, Intel Corporation

Bill Harmon , Assistant General Counsel, Patent Litigation, MICROSOFT

  • Navigating the politics of working with a joint defense group or under a joint defense agreement
  • Establishing roles within a joint defense group or under a joint defense agreement
  • Understanding the efficacy of joint defense agreements in protecting privilege
  • Ensuring access to evidence and witnesses of other group members in the event that one or more decide to settle
Brad Waugh
Sr. Litigation Attorney
Intel Corporation

Bill Harmon
Assistant General Counsel, Patent Litigation
MICROSOFT

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