Nathaniel T. Trelease
WebCredenza, Inc.
Denver, CO
nate@webcredenza.com
Chairman:
Rocky Mountain Intellectual Property Institute
2002 – 2010 (8 years)
Nathaniel T. Trelease is the president and founder of WebCredenza, Inc., which provides content programming and technology services to professional associations and firms in banking, law and accounting nationwide. Through the Professional Education Broadcast Network and the American Fiduciary Network, provides a regular series of continuing education programs in audio teleseminar and video webcast formats. WC also provides distance learning technologies to law firms, banks and professional associations.
Mr. Trelease formerly practiced corporate law in Denver, Colorado and for five years served as an Adjunct Professor of Law at the University of Colorado School of Law. He is Program Chair of the annual Rocky Mountain Intellectual Property Institute, co-author of “Advising High Technology Companies,” published by the Practising Law Institute, and has lectured on substantive legal nationwide, including at Stanford University Law School.
Wayne O. Stacy
Cooley, LLP
wstacy@cooley.com
Wayne has served on the planning committee for 8 years (2005-2012) and has been instrumental in deepening the patent prosecution and litigation topics in the Institute.
Wayne will serve as moderator for the Patent track on day one of the conference.
Molly Kocialski
Oracle Corporation
Broomfield, CO
mollybeth.kocialski@oracle.com
IP Section Secretary/Treasurer at Colorado Bar Association
Molly will serve as moderator for the In-House track on day one of the conference.
Natalie Hanlon-Leh
Faegre Baker Daniels LLP
Denver/Boulder, CO
natalie.hanlonleh@FaegreBD.com
Natalie Hanlon-Leh focuses her practice on intellectual property protection and litigation.
Natalie is one of the firm's senior trial lawyers and had served as lead counsel in a broad range of complex patent, copyright, trademark and trade secrets cases. Her litigation practice involves a wide range of technologies including chemistry assays, genetic research methods, software, storage area networks, tunable lasers and erbium doped fiber amplifiers.
Natalie has substantial expertise with injunctions and expedited proceedings. Since 2004, Natalie has served as an adjunct professor at the University of Colorado School of Law, where she teaches patent litigation.
Natalie will serve as moderator for the Licensing; Transactional track on day two of the conference.
Tim Scull
Merchant & Gould PC
Denver, CO
tscull@merchantgould.com
Tim specializes on complex patent portfolio analysis along with strategic prosecution and procurement of patents. He has experience in various technologies, but focuses on software and computer architecture applications. He also provides infringement and validity opinions with respect to existing patents, and has experience preparing and prosecuting trademark applications, as well as providing opinions, with respect to whether potential trademarks may be registered in view of existing marks.
Tim will serve as moderator for the Patent track on day two of the conference.
John Ritsick
Gates Corporation
Denver, CO
jritsick17@gmail.com
Adjunct Faculty - University of Denver Sturm College of Law
Adjunct Professor - University of Denver Sturm College of Law
John Ritsick is Senior Counsel for Gates Corporation, one of the world’s leading manufacturers of industrial and automotive products, systems and components, and which has operations in 29 countries. Prior to joining Gates, John was Senior Corporate Counsel for Flextronics International, a market-leading, multinational Electronics Manufacturing Services (EMS) provider with a network of facilities in 32 countries on five continents.
John graduated cum laude from Colorado State University in 1992 with a B.A. in Political Science. He received an M.A. in Political Science from Columbia University in 1994 and a J.D. from Georgetown University, cum laude, in 1999. After clerking for the Honorable Justice Michael Bender on the Colorado Supreme Court, John was an associate at Cooley Godward Kronish and later at Faegre & Benson.
He also has been Corporate Counsel for Exclusive Resorts, LLC, a luxury private residence club headquartered in Denver. John’s practice has focused on complex international commercial transactions, negotiations and dispute resolution; licensing arrangements; outsourcing and services agreements; intellectual property management and strategy; IP and commercial-related litigation and data security and privacy issues.
John will serve as moderator for the Licensing; Transactional track on day one of the conference.
Andrea Anderson
Holland & Hart LLP
Denver, CO
aanderson@hollandhart.com
Andrea Anderson provides a full complement of trademark related services to an international clientele with an emphasis on strategic counseling and dispute resolution. She assists her clients in every stage of the creation, maintenance, and protection of their trademark rights, including selecting and clearing new trademarks, securing trademark rights through registration in the U.S. and abroad, and formulating and executing enforcement strategies designed to maximize the value and scope of these rights. This experience includes the management of large international trademark portfolios.
Andrea will serve as moderator for the Trademarks; Copyrights; Trade Secrets track on day one of the conference.
Carolyn Juarez
Cooley LLP
Broomfield, CO
cjuarez@cooley.com
Carolyn V. Juarez is an associate in the Intellectual Property Group, and a member of the Cooley Litigation department. She joined the firm in 2004 and is resident in the Colorado office.
Ms. Juarez's practice focuses on intellectual property matters, including litigation related to patent infringement, copyright infringement, trademark infringement, unfair competition, breach of license, and misappropriation of trade secrets. She has recently litigated patents involving semiconductor tunable laser devices, telephonic interactive voice recognition systems, and processing technologies for improving response time and image quality in LCD and other matrix display devices.
She advises clients on the selection, adoption and use of trademarks, domestic and international trademark prosecution, and trademark portfolio management. She also assists clients in the policing of their trademark rights in the U.S. and abroad through informal enforcement efforts and trademark office adversarial proceedings.
Carolyn will serve as moderator for the Trademarks; Copyrights; Trade Secrets track on day two of the conference.
Paul Gross
Gross Hartman LLC
Boulder, CO
paul@grosshartman.com
Paul Gross is a founding partner and the managing partner of Gross Hartman. Paul’s practice focuses on the representation of emerging technology and life sciences companies and the venture capital and private equity firms that invest in those companies. He counsels clients in the full range of corporate and securities matters, including public and private financing transactions, employee incentive programs, mergers and acquisitions, strategic corporate relationships and corporate governance. Paul also has extensive experience in the formation of venture capital funds and regularly advises funds on maintenance and compliance issues. Prior to starting Gross Hartman, Paul was a partner with Cooley LLP, a major national law firm, from 1998 until March 2010.
Before attending law school, Paul was an active duty Naval officer, serving in Explosive Ordnance Disposal teams and on minesweepers during Operation Desert Storm. Paul attended the King Hall School of Law at the University of California, Davis, and graduated from the United States Naval Academy in 1987. Paul is a member and current President of the board of directors of the Emergency Family Assistance Association, a basic needs organization serving Boulder and Broomfield counties.
Paul will serve as moderator for the Entrepreneurs track on day two of the conference.
Cooley represents hundreds of clients in a wide range of industries from offices in ten major commercial markets. We are counselors, strategists and advocates for the foremost private and public companies. We have a legacy of representing companies bringing to market breakthrough products and technologies and frequently argue cases that fall in new areas of law, brought about by technological developments. Our business and litigation practice reaches across a broad array of dynamic industry sectors, including technology, life sciences, clean tech, real estate, financial services, retail and energy. With 650 attorneys throughout the U.S. and in China, Cooley has the range and expertise to serve companies of all sizes to seize opportunities in today's global marketplace.
PLATINUM SPONSOR
Faegre Baker Daniels LLP
www.faegrebd.com
Faegre Baker Daniels is dedicated to serving the legal needs of local, national and international businesses. From offices in the United States, United Kingdom and China, our more than 800 legal and consulting professionals provide the depth and breadth of expertise necessary to solve complex business challenges. With roots dating back to 1863, our firm is one of the 100 largest law firms headquartered in the U.S.
Since its inception in 1947, Holland & Hart has grown into a firm of more than 400 lawyers in 15 offices in Colorado, Wyoming, Idaho, Montana, Nevada, New Mexico, Utah, and the District of Columbia. In 2010, U.S.News & World Report and Best Lawyers® recognized Holland & Hart for earning one national first-tier ranking and 76 metropolitan first-tier rankings, more than all but five firms in the entire U.S. In 2011, Corporate Board Member magazine recognized Holland & Hart as the top corporate law firm in Denver based on surveys of corporate directors and general counsel. We are also the largest law firm based in the Mountain West ranked on The American Lawyer's list of the top 200 firms in the United States.
Kilpatrick Townsend attorneys are fully engaged in the success of the firm's clients. We deliver results-oriented counsel for corporations at all stages of the growth cycle, from the challenging demands of financial transactions and securities to the disciplines of intellectual property management. A close collaboration between the firm's practice areas ensures that we are well-positioned to serve all of our clients' needs.
Consistently ranked as a top patent, trademark and copyright firm in both the U.S. and globally, Merchant & Gould is devoted solely to the practice of intellectual property law. While the majority of our work is on behalf of U.S. and international-based Fortune 500 companies, we are always open to new ideas, inspiration and challenges in the area of intellectual property law — no matter where they come from. M&G offers IP-related services covering a full range of issues such as unfair competition, trade secret protection, infringement, copyrights and trademark law.
With more than 800 lawyers in 19 offices across the United States, China and Taiwan, Perkins Coie represents great companies across a wide range of industries and stages of growth—from start-ups to FORTUNE 100 corporations.
Dorsey is a business law firm, applying a business perspective to clients' needs. We make it our first priority to know the context in which you do business - your market, your competitors, your industry. Because we understand your business, you can rely on Dorsey for legal solutions that fit your unique circumstances. Leading companies think globally, and we understand the challenges and opportunities of the global marketplace. To compete around the world, businesses must enter new markets, establish joint ventures overseas, and navigate international law. With offices on four continents, Dorsey offers access to native legal experience virtually anywhere in the world.
LexisNexis® is a leading global provider of content-enabled workflow solutions designed specifically for professionals in the legal, risk management, corporate, government, law enforcement, accounting, and academic markets. LexisNexis originally pioneered online information with its Lexis® and Nexis® services. A member of Reed Elsevier, LexisNexis serves customers in more than 100 countries with more than 15,000 employees worldwide.
Gross Hartman LLC is a corporate, business and intellectual property law firm that counsels clients in the full range of corporate and securities matters, including public and private financing transactions, mergers and acquisitions, strategic corporate relationships, corporate governance, employee incentive programs and executive hiring. We also focus on branding, advertising, trademark, copyright and trade secret topics, as well as disputes and expert witness work in these fields.
GT’s growth to 1800 lawyers and more than 30 locations is an example of the firm’s instincts for leveraging a changing marketplace. The need for lawyers to help clients navigate change continues to escalate. For GT, merging with other law firms to be in new markets overnight is not the way to respond to the market need. Preserving the firm’s “built for change” culture is. GT leaders travel across the country handpicking lawyers with the talents to guide clients through the very moments their businesses and markets are changing most. It is this rare combination of talents around which we relentlessly hire at GT – legal, business and leadership skills. That’s why we refer to GT lawyers as "3-D lawyers."
Bryan Cave LLP is a leading business and litigation firm with global reach, a strong reputation and a long history of success. We do interesting and challenging work for a diverse client base, including businesses, financial institutions and not-for-profit organizations, government entities and individual clients. With more than 1,100 lawyers and consulting professionals in 24 offices worldwide, we pride ourselves on proactive, solution-oriented work in every major area of interest to clients.
Imagine lawyers who are as interested in what you do as you are. Who understand the value of your new technology or new product or new transaction. Who are prepared to work with you to create it, protect it and maximize your opportunity to derive value from it. Who'll help you to bring it to fruition, or finance it, or bring it to market, or sell it. And, who are prepared to zealously defend it – in or out of court. Imagine lawyers with imagination. This is MoFo.
Founded in 1954, Sheridan Ross P.C. is the oldest intellectual property law firm in the U.S. Rocky Mountain region.
Focused entirely on the worldwide protection of intellectual property rights in the United States and around the globe, few firms can match our breadth of experience and level of service to clients. From our location in the center of North America, we work with in-house counsel and executives of the most successful national and international companies.
At Andrews Kurth, “straight talk” guides everything we do. It’s how we converse with clients, colleagues, courts—and even our adversaries. It means we pursue issues head-on, rather than detouring into legalese. It means we cut through the confusion and find simple solutions to help our clients succeed.
Plenary Session
Keynote Address: “In the Court Where I Live”
Chief Judge Alex Kozinski, US Court of Appeals for the Ninth Circuit
Chief Judge Kozinski returns to the IP Institute to deliver a keynote address on the occasion of our 10th Anniversary. Afterwards, he will join an All-Star panel of speakers to discuss trends in IP litigation.
Plenary Session
“The Fertile Verge of the Digital Age: Intellectual Property, Litigation and the Market”
Chief Judge Alex Kozinski, US Court of Appeals for the Ninth Circuit
Mark Lemley, Stanford University Law School & Durie Tangri, LLP
Ian Ballon, Greenberg Traurig, LLP
William Coats, Kaye Scholer LLP
Plenary Session
“IP Law and Practice As Seen From the Digital Beach“
• What does it take to blog?
• How do you get information and decide what and when to publish?
• What trends have you observed in patent law – past and future?
Moderator:
Molly Kocialski, Oracle Corporation
Panelists:
Dennis Crouch, PatentlyO Blog and University of Missouri-Kansas City
R. David Donoghue, Chicago IP Litigation Blog and Holland & Knight, LLP
Michael Smith, Eastern District of Texas Federal Practice Blog and Siebman, Burg, Phillips & Smith, LLP
Plenary Session
“Patently Persuasive: Reaching Today’s Jurors“
• Making savvy jury decision making in intellectual property litigation
• Review of data from thousands of mock jurors and dozens of arbitrators and federal judges across the country
• How to persuasively address the ways your decision makers perceive the key issues, process evidence and argument through their own human biases
• How to make better decisions in intellectual property lawsuits
Dr. Kevin Boully and Dr. Karen Lisko, Persuasion Strategies
Plenary Session
ROCKY MOUNTAIN IP 10TH ANNIVERSARY PARTY!
Sponsored by PERKINS COIE, LLP
Ten years later, the IP Institute has become a fixture of IP law in the West. Please join us on this anniversary for a festive celebration of you – and how you’ve helped shape the Institute.
Plenary Session
“Attorney Conduct During IP Litigation, the Award of Fees, and Ethics“
• Types of behavior that will get you sanctioned – how far is too far?
• What’s required for the award of attorneys’ fees?
• What are the practical consequences of being sanctioned?
David Hricik, Mercer University School of Law
Plenary Session
“IP as a Bridge to Economic Growth & Renewal”
Putting a Contract Management System in Place
• Advantages of moving to a contract management system
• Challenges of moving to a contract management system
• What to be prepared for if your company implements a contract management system
co-presenter
Cassandra Fava, Cricket Communications
Shana Solomon, Sage Law Group
Christina Allyn
RICOH
Denver, CO
IP Issues New and Departing Employees
• “Meet Bob. Meet Bob’s TRO.”
Developing a response plan to a claim involving your new hire
• “Thank you for your hard work. Give me that jump drive.”
Protecting IP and preventing litigation when a key employee quits
• Fun with Forensics.
What you need to know about hash tags and electronic data in misappropriation litigation
CO-presenter
William Kelly, III, Kelly, Stacy & Rita, LLP
Christine Amrhein
ADA-ES, Inc.
Littleton, CO
chris.amrhein@adaes.com
IP Budgeting for Middle-Market Companies
• How to design reliable budgets
• Accurate accounting for litigation costs
• How to negotiate good deals with outside counsel
Co-Presenters
Jeffrey Thurnau, Gates Corporation
Ian C. Ballon
Greenberg Traurig, LLP
Los Angeles/Palo Alto, CA
ballon@gtlaw.com
2012 Copyright Update
• UMG v. Veoh, Viacom v. YouTube and other significant DMCA cases
• Due Process case law and new angles on copyright damages
• Cloud provider and mobile liability for user conduct and content
• Comparing and contrasting secondary copyright, patent, trademark and CDA liability and exemptions
• Update on the latest software and Internet copyright cases and trends
David Bernstein
Debevoise & Plimpton, LLP
New York, NY
dhbernstein@debevoise.com
2012 Trademark Update
• Contributory liability in the courts
• The perils of being naked (at least with licensing)
• The use and abuse of surveys in trademark and false advertising cases
• Coast to coast cases on the aesthetic functionality defense
• The expanding impact of eBay v. MercExchange in Lanham Act cases
Dr. Kevin Boully
Persuasion Strategies
Denver, CO
krboully@persuasionstrategies.com
Patently Persuasive: Reaching Today’s Jurors
• Making savvy jury decision making in intellectual property litigation
• Review of data from thousands of mock jurors and dozens of arbitrators and federal judges across the country
• How to persuasively address the ways your decision makers perceive the key issues, process evidence and argument through their own human biases
• How to make better decisions in intellectual property lawsuits
Co-presenter:
Dr. Karen Lisko, Persuasion Strategies
Aaron Brodsky
Oracle Corporation
Broomfield, CO
Aaron.brodksy@oracle.com
Making Smart Investments in IP
• Why invest in IP;
What is a competitive advantage and how does IP play a role;
What type of IP should I invest in?
• How does IP play a role in exit strategy
• IP and Cash: How do I stretch my budget while preserving my rights
• Domestic vs. Foreign; When does it make sense to seek foreign protection
Co-presenters:
Michael Martensen, Martensen IP
David 'Skip' Fleshman, Asset Management Company
Michael "Mike' Lynch, OPX Biotechnology
Building Valuable Brands
• Developing protectable and meaningful brands
• The basics of trademark and false advertising law
• Protecting your valuable brands
• Right of publicity and celebrity issues
• International aspects of branding
Co-presenter:
Andrew Hartman, Gross Hartman LLC
Andrea Cannon
Anheuser-Busch Companies, LLC
St. Louis, MO
andrea.cannon@anheuser-busch.com
Protecting Your Corporate Identity Online – Learn From Companies on the Frontlines
• Identifying and protecting against risks to your brand
• Tackling rogue websites and online sales of counterfeit goods
• Domain name enforcement, including in the new tld space
• Addressing keyword advertising abuse
• Best practices for social media enforcement.
Co-presenters:
Tiki Dare, Oracle Corporation
Tim Jezek, Hughes Network Systems, LLC
Michael Wu, Rosetta Stone, Inc.
Jud Cary
CableLabs
Denver, CO
j.cary@cablelabs.com
Patent Pools
• How patents affect industry and everyday people – the good, the bad and the ugly
• When and how to form a patent pool
• How to ensure you have the patents and contractual rights necessary to create a patent pool
Jud Cary, CableLabs
Co-presenters:
Dorothy Raymond, Raymond Law Offices
William Coats
Kaye Scholer LLP
Palo Alto, CA
william.coats@kayescholer.com
Joint and Divided Infringement
• Induced infringement after Global-Tech
• AKAMI in the “Limelight”
• Indirect infringement harder to prove?
“IP Law and Practice As Seen From the Digital Beach“
• What does it take to blog?
• How do you get information and decide what and when to publish?
• What trends have you observed in patent law – past and future?
Moderator:
Molly Kocialski, Oracle Corporation
Co-Panelists:
R. David Donoghue, Chicago IP Litigation Blog and Holland & Knight, LLP
Michael Smith, Eastern District of Texas Federal Practice Blog and Siebman, Burg, Phillips & Smith, LLP
Protecting Your Corporate Identity Online – Learn From Companies on the Frontlines
• Identifying and protecting against risks to your brand
• Tackling rogue websites and online sales of counterfeit goods
• Domain name enforcement, including in the new tld space
• Addressing keyword advertising abuse
• Best practices for social media enforcement.
Co-presenters:
Tim Jezek, Hughes Network Systems, LLC
Michael Wu, Rosetta Stone, Inc.
Andrea Cannon, Anheuser-Busch Companies, LLC
Jeff C. Dodd
Andrews Kurth LLP
jeffdodd@andrewskurth.com
Houston/Austin, TX
2012 Licensing Update
• Most important cases decided during 2010 and 2011 affecting licensing
• Transactions and litigation
• Trends and new developments that will affect IP practitioners
• How to address new developments in drafting and litigating licenses
“IP Law and Practice As Seen From the Digital Beach“
• What does it take to blog?
• How do you get information and decide what and when to publish?
• What trends have you observed in patent law – past and future?
Moderator:
Molly Kocialski, Oracle Corporation
Co-Panelists:
Dennis Crouch, PatentlyO Blog and University of Missouri-Kansas City
Michael Smith, Eastern District of Texas Federal Practice Blog and Siebman, Burg, Phillips & Smith, LLP
Steve DuPont
Gross Hartman LLC
Steve@grosshartman.com
Boulder, CO
Where Do IP Contracts Go Wrong — Avoiding Litigation
Co-Presenter:
William Leone, Fulbright & Jaworski, LLP
Gregory Durbin
Polsinelli Shughart PC
gdurbin@polsinelli.com
Denver, CO
What to Do When the Troll Seeks Toll
• Options for responding to the demand letter
• Legal and practical strategic considerations
• Choosing the appropriate venue
• Declaratory Judgment
• Reputation in the industry
• Does the AIA provide any strategic advantages for defendants?
Griff Griffin
Sutherland, Asbil & Brennan
griff.griffin@sutherland.com
Atlanta, GA
Reexaminations & Other Post-Grant Reviews
• What are the new post-grant review regulations— PRO should have proposed regs by then
• Strategies for using experts in a re-exam
• Insider’s view of what Examining Corps are seeking
Co-presenter:
Lissi Mojica, Schwegman Lundberg Woessner
Green & Healthy! Best Practices in Green Advertising and Making Health-Benefit Claims
• How do I make truthful and non-misleading environmental claims?
• What are the do’s and don’ts in using seals and certifications?
• Can I say my product is “natural” or “organic”?
• Can I say my product is “anti-bacterial”?
• What evidence is necessary to make a health benefit claim?
Co-presenter:
Marc Levy, Faegre Baker Daniels, LLP
Cassandra Fava
Cricket Communications
aracanus@mac.com
Denver, CO
Putting a Contract Management System in Place
• Advantages of moving to a contract management system
• Challenges of moving to a contract management system
• What to be prepared for if your company implements a contract management system
Co-presenter:
Robert Albery, Gates Corporation
Shana Solomon, Sage Law Group
Fast Lane Prosecution: Allowance in One Year
• Strategies for quick patenting
• AIA's prioritized examination
• Patent prosecution highway
• Accelerated examination
• First office action interview pilot program
Co-presenter:
Dion Messer, Limelight Networks
Elizabeth Harding
Holland & Hart, LLP
eeharding@hollandhart.com
Boulder, CO
Privacy and Data Security
• US privacy landscape and the proposals for regulation in the Commerce Dept. White Paper on Commercial Data Privacy and Innovation in the Internet Economy
• Collecting data on-line – a look at changes to the FTC Dot Com Disclosure guidelines and The Childrens’ Online Privacy Protection Act (COPPA)
• An overview of European privacy law and the impact of the EU “cookie” directive on US based business
Co-presenter:
Elizabeth Magnuson, Oracle Corporation
Andrew Hartman
Gross Hartman LLC
Andy@grosshartman.com
Boulder, CO
Building Valuable Brands
• Developing protectable and meaningful brands
• The basics of trademark and false advertising law
• Protecting your valuable brands
• Right of publicity and celebrity issues
• International aspects of branding
Co-presenter:
Nick Budor, Rally Software
William C. Holland
Bryan Cave HRO, LLP
william.holland@bryancave.com
Denver, CO
Transactional Toolkit for IP Lawyers:
Secured Interests in Intellectual Property
PLENARY:
Attorney Conduct During IP Litigation, the Award of Fees, and Ethics – 1 ETHICS CREDIT
• Types of behavior that will get you sanctioned – how far is too far?
• What’s required for the award of attorneys’ fees?
• What are the practical consequences of being sanctioned?
Daniel Jablonsky
Digital Globe
Longmont, CO
Preparing for the Big Event - Maximizing Portfolio Value in a Major Financing Transaction, Merger or Acquisition
• Identifying corporate structure and ownership issues
• Conducting an intellectual property audit & creating an IP inventory
• Evaluation of potential for development of new IP
• Identification and documentation of processes for protecting IP and realizing value
Co-presenters:
John Mulgrew, Microsoft Corporation
Doug Robinson, St. Charles Capital
Andrew Jagenow
Merchant & Gould, PC
ajagenow@merchantgould.com
Denver, CO
International Prosecution
• Considerations for claim strategies outside the US
• Pros and cons of various search authorities
• Additional foreign considerations based on the AIA
Co-presenter:
Marianne Timm-Schreiber, Merchant & Gould, PC
Tim Jezek
Senior IP Counsel
Hughes Network Systems, LLC
Tim.Jezek@hughes.com
Germantown, Maryland
Protecting Your Corporate Identity Online – Learn From Companies on the Frontlines
• Identifying and protecting against risks to your brand
• Tackling rogue websites and online sales of counterfeit goods
• Domain name enforcement, including in the new tld space
• Addressing keyword advertising abuse
• Best practices for social media enforcement.
Co-presenters:
Tiki Dare, Oracle Corporation
Michael Wu, Rosetta Stone, Inc.
Lee F. Johnston
Dorsey & Whitney LLP
johnston.lee@dorsey.com
Denver, CO
Damages in Patent Litigation
• Overview of Uniloc v. Microsoft
• New(er) types of damages proof in patent cases
• Practical tips and strategies for the damages expert
Co-presenter:
Mark Pedigo, GHP Horwath PC
Heidi Keefe
Cooley LLP
Palo Alto, CA
hkeefe@cooley.com
Indirect Infringement
• Are opinions necessary?
• How to avoid instructing your customers to infringe
• How do you “know” your customer is going to infringe?
William Kelly, III
Kelly, Stacy & Rita, LLP Denver, CO
wkelly@kellystacylaw.com
IP Issues New and Departing Employees
• “Meet Bob. Meet Bob’s TRO.” Developing a response plan to a claim involving your new hire
• “Thank you for your hard work. Give me that jump drive.” Protecting IP and preventing litigation when a key employee quits
• Fun with Forensics. What you need to know about hash tags and electronic data in misappropriation litigation
Co-presenter:
Christina Allyn, InfoPrint Solutions, Inc.
Jason Kiefer
CEO
Pixoto
jason671@gmail.com
Outsourcing the Software Development Process
• Business and operational issues: ensuring the development project is on time, confirming the work is meeting specifications, and the specter of IP theft
• Tips on negotiating and structuring legal terms such as limiting your liability, obtaining meaningful remedies, and structuring a sensible dispute resolution clause
• Stories of the successful outsourcing relationship, as well as the not-so-successful outsourcing relationship
Co-presenters:
Matt McKinney, Stack McKinney Law Group
Kevin Cawley, LinkSmart
Peter J. Kinsella
Perkins Coie, LLP
Denver, CO
PKinsella@perkinscoie.com
Contracting in the Cloud
• How cloud computing is different from SaaS, PaaS, and IaaS
• Framework of cloud computing legal issues
• Special contract issues raised by cloud computer arrangements
Joseph Kovarik
Sheridan Ross, PC
Denver, CO
jkovarik@sheridanross.com
Prosecution on a Shoestring – Maximizing Coverage, Minimizing Costs
• Strategies for advising clients on ‘creative’ options
• Understanding your client’s business and future plans: including what they aren’t telling you
• Designing an effective, yet cost conscious portfolio
Plenary Session: “The Fertile Verge of the Digital Age: Intellectual Property, Litigation and the Market”
Co-presenters:
Chief Judge Alex Kozinski, US Court of Appeals for the Ninth Circuit
Ian Ballon, Greenberg Traurig, LLP
William Coats, Kaye Scholer LLP
Joint and Divided Infringement
• Induced infringement after Global-Tech
• AKAMI in the “Limelight”
• Indirect infringement harder to prove?
Green & Healthy! Best Practices in Green Advertising and Making Health-Benefit Claims
• How do I make truthful and non-misleading environmental claims?
• What are the do’s and don’ts in using seals and certifications?
• Can I say my product is “natural” or “organic”?
• Can I say my product is “anti-bacterial”?
• What evidence is necessary to make a health benefit claim?
Co-presenter:
Leslie Fair, Federal Trade Commission
George C. Lewis
Merchant & Gould PC
Denver, CO
glewis@merchantgould.com
Finding Insurance Coverage for IP Issues —The Needle & the Haystack
• Current CGL insurance forms and the risk they do not cover patent, trademark and copyright infringement
• Availability of specialty IP tech-oriented insurance products
• Insurance strategies for mitigating specific risks associated with a product or service
Co-presenter:
Sara Scott, Lockton Companies, LLC
Dr. Karen Lisko
Persuasion Strategies
Denver, CO
klisko@persuasionstrategies.com
Patently Persuasive: Reaching Today’s Jurors
• Making savvy jury decision making in intellectual property litigation
• Review of data from thousands of mock jurors and dozens of arbitrators and federal judges across the country
• How to persuasively address the ways your decision makers perceive the key issues, process evidence and argument through their own human biases
• How to make better decisions in intellectual property lawsuits
Co-presenter:
Dr. Kevin Boully , Persuasion Strategies
Elizabeth M. Magnuson
Oracle Corporation
Broomfield, CO
beth.magnuson@oracle.com
Privacy and Data Security
• US privacy landscape and the proposals for regulation in the Commerce Dept. White Paper on Commercial Data Privacy and Innovation in the Internet Economy
• Collecting data on-line – a look at changes to the FTC Dot Com Disclosure guidelines and The Childrens’ Online Privacy Protection Act (COPPA)
• An overview of European privacy law and the impact of the EU “cookie” directive on US based business
Co-presenter:
Elizabeth Harding, Holland & Hart, LLP
Michael Martensen
Martensen IP
Colorado Springs, CO
mike@martensenip.com
Making Smart Investments in IP
• Why invest in IP; What is a competitive advantage and how does IP play a role; What type of IP should I invest in
• How does IP play a role in exit strategy
• IP and Cash: How do I stretch my budget while preserving my rights
• Domestic vs. Foreign; When does it make sense to seek foreign protection
Co-presenter:
Aaron Brodsky, Oracle Corporation
Matt McKinney
Principal
Stack McKinney Law Group
Boulder, CO
matt@stackmckinney.com
Outsourcing the Software Development Process
• Business and operational issues: ensuring the development project is on time, confirming the work is meeting specifications, and the specter of IP theft
• Tips on negotiating and structuring legal terms such as limiting your liability, obtaining meaningful remedies, and structuring a sensible dispute resolution clause
• Stories of the successful outsourcing relationship, as well as the not-so-successful outsourcing relationship
Co-presenters:
Jason Kiefer, Pixoto
Jason Cole, Reed Group
Jason Mendelson
Foundry Group
Boulder, CO
jason@foundrygroup.com
Making Smart Investments in IP
• Why invest in IP; What is a competitive advantage and how does IP play a role; What type of IP should I invest in
• How does IP play a role in exit strategy
• IP and Cash: How do I stretch my budget while preserving my rights
• Domestic vs. Foreign; When does it make sense to seek foreign protection
Co-presenters:
Michael Martensen, Martensen IP
Aaron Brodsky, Oracle Corporation
Fast Lane Prosecution: Allowance in One Year
• Strategies for quick patenting
• AIA's prioritized examination
• Patent prosecution highway
• Accelerated examination
• First office action interview pilot program
Co-presenter:
Thomas Franklin, Kilpatrick Townsend & Stockton, LLP
Christopher R. Mirick
Pillsbury Winthrop Shaw Pittman LLP
New York, NY
christopher.mirick@pillsburylaw.com
Bankruptcy Considerations with IP Assets
Copyright Terminations—Not Just a Show Biz Problem
• Brief review of copyright basics: creation, authorship, ownership, and registration of copyrights
• Original works of authorship in non-entertainment businesses – software, design marks, other works
• Copyright terminations: background, purpose, illustrations; statutory framework; logistics; exceptions
• Recommendations
Co-presenters:
Ian Saffer, Kilpatrick Townsend & Stockton, LLP
Dave Ratner, Replin Rhoades & Ratner, LLC
Lissi Mojica
Schwegman Lundberg Woessner
Minneapolis, MN
lmojica@slwip.com
Reexaminations & Other Post-Grant Reviews
• What are the new post-grant review regulations— PRO should have proposed regs by then
• Strategies for using experts in a re-exam
• Insider’s view of what Examining Corps are seeking
Co-presenter:
Griff Griffin, Sutherland, Asbill & Brennan
Preparing for the Big Event - Maximizing Portfolio Value in a Major Financing Transaction, Merger or Acquisition
• Identifying corporate structure and ownership issues
• Conducting an intellectual property audit & creating an IP inventory
• Evaluation of potential for development of new IP
• Identification and documentation of processes for protecting IP and realizing value
Co-presenters:
Daniel Jablonsky, Digital Globe
Doug Robinson, St. Charles Capital
Timothy Pfeifer
Cherwell Software, Inc.
Colorado Springs, CO
timothygpfeider@aol.com
Licensing Issues in Major Corporate Transactions, Including M&A
• Major licensing due diligence issues in M&A
• Specific licensing issues in operative M&A agreements
• Best practices for losing value in transactions
Co-presenters:
Jeff Dodd, Andrews Kurth, LLP
Dave Ratner
Replin Rhoades & Ratner, LLC
Denver, CO
sreplin@replinrhoades.com
Copyright Terminations—Not Just a Show Biz Problem
• Brief review of copyright basics: creation, authorship, ownership, and registration of copyrights
• Original works of authorship in non-entertainment businesses – software, design marks, other works
• Copyright terminations: background, purpose, illustrations; statutory framework; logistics; exceptions
• Recommendations
Co-presenters:
Ian Saffer, Kilpatrick Townsend & Stockton, LLP
Viva Moffat, University of Denver Sturm College of Law
Dorothy Raymond
Raymond Law Offices
Loveland, CO
dorothy@dorothyraymond.com
Patent Pools
• How patents affect industry and everyday people – the good, the bad and the ugly
• When and how to form a patent pool
• How to ensure you have the patents and contractual rights necessary to create a patent pool
Co-presenter:
Jud Cary, CableLabs
Preparing for the Big Event - Maximizing Portfolio Value in a Major Financing Transaction, Merger or Acquisition
• Identifying corporate structure and ownership issues
• Conducting an intellectual property audit & creating an IP inventory
• Evaluation of potential for development of new IP
• Identification and documentation of processes for protecting IP and realizing value
Co-presenters:
Daniel Jablonsky, Digital Globe
John Mulgrew, Microsoft Corporation
Copyright Terminations—Not Just a Show Biz Problem
• Brief review of copyright basics: creation, authorship, ownership, and registration of copyrights
• Original works of authorship in non-entertainment businesses – software, design marks, other works
• Copyright terminations: background, purpose, illustrations; statutory framework; logistics; exceptions
• Recommendations
Co-presenters:
Viva Moffat, University of Denver Sturm College of Law
Dave Ratner, Replin Rhoades & Ratner, LLC
Douglas Sawyer
Perkins Coie, LLP
Denver, CO
DSawyer@perkinscoie.com
2012 Trade Secret Update
• Review of major trade secrets cases in the last year
• Impact of trade secret developments on your practice
• Analysis of forthcoming decisions and trends in trade secrets
Sara Scott
Lockton Companies, LLC
Denver, CO
sara.scott@lockton.com
Finding Insurance Coverage for IP Issues —The Needle & the Haystack
• Current CGL insurance forms and the risk they do not cover patent, trademark and copyright infringement
• Availability of specialty IP tech-oriented insurance products
• Insurance strategies for mitigating specific risks associated with a product or service
Co-presenter:
George Lewis, Merchant & Gould, PC
Ronald Seigneur
Seigneur Gustafson LLP
Lakewood, CO
ron.seigneur@cpavalue.com
Understanding IP Valuation in Transactions
“IP Law and Practice As Seen From the Digital Beach“
• What does it take to blog?
• How do you get information and decide what and when to publish?
• What trends have you observed in patent law – past and future?
Moderator:
Molly Kocialski, Oracle Corporation
Co-Panelists:
Dennis Crouch, PatentlyO Blog and University of Missouri-Kansas City
R. David Donoghue, Chicago IP Litigation Blog and Holland & Knight, LLP
Major Tax Planning Issues for IP
Jeffrey Thurnau
Gates Corporation
Denver, CO
jthurnau@gates.com
IP Budgeting for Middle-Market Companies
• How to design reliable budgets
• Accurate accounting for litigation costs
• How to negotiate good deals with outside counsel
Co-presenter:
Christine Amrhein, ADA-ES, Inc.
Marianne Timm-Schreiber
Merchant & Gould, PC
Denver, CO
mtimm@merchantgould.com
International Prosecution
• Considerations for claim strategies outside the US
• Pros and cons of various search authorities
• Additional foreign considerations based on the AIA
Co-presenter:
Andrew Jagenow, Merchant & Gould, PC
Taming the Dragon: IP Strategies in China
• Brief overview of China’s IP framework and innovation policies
• Protecting U.S. intellectual property in China
• IP considerations for entering the Chinese market
• Challenges and practical tips for navigating the cultural divide
Protecting Your Corporate Identity Online – Learn From Companies on the Frontlines
• Identifying and protecting against risks to your brand
• Tackling rogue websites and online sales of counterfeit goods
• Domain name enforcement, including in the new tld space
• Addressing keyword advertising abuse
• Best practices for social media enforcement.
Co-presenters:
Tiki Dare, Oracle Corporation
Tim Jezek, Hughes Network Systems, LLC
Andrea Cannon, Anheuser-Busch Companies, LLC
David ‘Skip’ Fleshman
Asset Management Company
Palo Alto, CA
Making Smart Investments in IP
• Why invest in IP;
What is a competitive advantage and how does IP play a role;
What type of IP should I invest in?
• How does IP play a role in exit strategy
• IP and Cash: How do I stretch my budget while preserving my rights
• Domestic vs. Foreign; When does it make sense to seek foreign protection
Co-presenters:
Aarom Brodsky, Oracle Corporation
Michael "Mike' Lynch, OPX Biotechnology
Michael Martensen, Martensen IP
Matthew Holohan
Kilpatrick Townsend & Stockton, LLP
Denver, CO
mholohan@kilpatricktownsend.com
Copyright Terminations—Not Just a Show Biz Problem
• Brief review of copyright basics: creation, authorship, ownership, and registration of copyrights
• Original works of authorship in non-entertainment businesses – software, design marks, other works
• Copyright terminations: background, purpose, illustrations; statutory framework; logistics; exceptions
• Recommendations
Co-presenters:
Viva Moffat, University of Denver Sturm College of Law
Dave Ratner, Replin Rhoades & Ratner, LLC
Michael ‘Mike’ Lynch
OPX Biotechnology
Boulder, CO
Making Smart Investments in IP
• Why invest in IP;
What is a competitive advantage and how does IP play a role;
What type of IP should I invest in?
• How does IP play a role in exit strategy
• IP and Cash: How do I stretch my budget while preserving my rights
• Domestic vs. Foreign; When does it make sense to seek foreign protection
Co-presenters:
Aarom Brodsky, Oracle Corporation
David 'Skip' Fleshman, Asset Management Company
Michael Martensen, Martensen IP
Mark Pedigo
GHP Horwath PC
Denver, CO
Damages in Patent Litigation
• Overview of Uniloc v. Microsoft
• New(er) types of damages proof in patent cases
• Practical tips and strategies for the damages expert
Co-presenter:
Lee F. Johnston, Dorsey & Whiteny LLP
Bernard Knight
General Counsel
United States Patent and Trademark Office
Alexandra, VA
Bernard Knight was sworn-in as the USPTO General Counsel on April 19, 2010. His assumption of this new position, marks Mr. Knight’s return to the USPTO where he served as the agency’s first Deputy General Counsel for General Law from 2001 to 2006
As General Counsel, Mr. Knight is the principal legal advisor to the Under Secretary and Director. He supervises the provision of legal advice and court representation on all intellectual property and administrative matters for the USPTO. Mr. Knight also coordinates with the Department of Justice, Department of Commerce and other agencies in developing the U.S. position on major intellectual property cases before the Supreme Court and Courts of Appeals.
Jason Cole
Reed Group
Westminster, CO
Outsourcing the Software Development Process
• Business and operational issues: ensuring the development project is on time, confirming the work is meeting specifications, and the specter of IP theft
• Tips on negotiating and structuring legal terms such as limiting your liability, obtaining meaningful remedies, and structuring a sensible dispute resolution clause
• Stories of the successful outsourcing relationship, as well as the not-so-successful outsourcing relationship
Co-presenters:
Matt McKinney, Stack McKinney Law Group
Jason Kiefer, Pixoto
Shana Solomon
Sage Law Group
Broomfield, CO
Putting a Contract Management System in Place
• Advantages of moving to a contract management system
• Challenges of moving to a contract management system
• What to be prepared for if your company implements a contract management system
Co-presenters:
Robert Albery, Gates Corporation
Cassandra Fava, Cricket Communications
