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Tuesday Speaker Materials

​Plenary Session, 8:30 - 10:30 am


Managing “Adverse” Relationships: The Role of Civility in Advocacy

Moderator: Terry McMillin, International Game Technology, Reno, NV (Bio)
There is a lot of discussion about an increasing lack of civility in our profession. This panel will explore the costs and benefits of civility from the perspective of the bench, the Patent Office, outside counsel and in-house counsel, asking the tough questions such as whether civility is the best strategy, how the local rules impact parties’ conduct, how to know when one’s outside counsel is the problem in a contentious litigation, how to deal with incivility from the opposing party, and what effect a party’s lack of civility can have on decision-makers.

The Judge’s Perspective - What are the costs and consequences of lack of civility – do local rules have an effect?

Honorable Michael J. Davis, US District Court, District of Minnesota, Minneapolis, MN

Does Hardball Work? - A point-counterpoint

Kenneth Adamo, Kirkland & Ellis, LLP, Chicago, IL (Bio, Paper 1, Paper 2, Paper 3)
James Gilliland, Kilpatrick Townsend, San Francisco, CA (Bio, Paper 1, Paper 2, Paper 3)

In-House Counsel’s Perspective - How do you know when your outside counsel is the problem? When should you use "scorched-earth" tactics?

Philip S. Johnson, Johnson & Johnson, New Brunswick, NJ (Slides)

USPTO Perspective - Is the reputation of patent applicants and attorneys important?

Teresa Stanek Rea, Deputy Director, US Patent & Trademark Office, Alexandria, VA (Invited)

Plenary Session, 10:45 am - 12:00 noon

Some of the Best Things in Life are Free

Moderator: Kevin H. Rhodes, 3M Innovative Properties Company, St. Paul, MN (Bio)

Although rewarding, the practice of law has its challenges with respect to time pressures and competing priorities. However, one of the most rewarding aspects of practicing law is time spent helping others. This panel discussion presents perspectives from practitioners providing legal services to those in need of intellectual property and non-intellectual property services. The recipients may be seeking help with anything from protecting artistic works to patenting inventions, or even non-IP issues such as immigration. The speakers will share their insights and experience in providing public service.

Pro Se Inventor Program: USPTO Perspective

US Patent and Trademark Office Representative, Alexandria, VA (Invited)

PTO Pro Se Inventor Program – Private Practitioner Perspective

Jim Patterson and Candee Goodman, Patterson Thuente Christensen Pedersen, PA, Minneapolis, MN

Protecting the Public from the Abusive Assertion of IP

Corynne McSherry, Electronic Frontier Foundation, San Francisco, CA (Bio, Paper, Appendix)

Pro Bono Opportunities Beyond IP

Juliann Bildhauer, Volunteer Advocates for Immigrant Justice, Seattle, WA (Bio, Paper)


Luncheon: Viva Las Vegas! Game Development (tickets required)


Gregory G. Economos, Senior Vice President, Global Consumer Products, Sony Pictures Entertainment, Culver City, CA

Boris Hallerbach, International Game Technology (IGT), Reno, NV (Bio)

Casino floors in Las Vegas are more than fun and games – they are big business and, increasingly, focus on big brands. Players visiting a Las Vegas casino today are greeted by slot machines featuring their favorite movies, music and television shows.
How are these licensed brands and titles adapted for use in casino slot games? Industry experts Gregory G. Economos and Joe Kaminkow will discuss how licensor and licensee work together to effectively utilize intellectual property content such as brands in casino game development.


Track A, 2:00 - 3:30 pm

The New World of Non-Practicing Entities: The Ethics and Morality of Licensing

Moderator: Naomi Abe Voegtli, SAP, Blountville, TN (Bio)
What new and alternative paths exist to monetize patents and what are the challenges faced by both operating companies and Non-Practicing Entities (NPEs)? How does recent case law affect these strategies? What should
a law firm consider when representing both operating companies and NPEs? The panel will offer different perspectives on recent developments in the world of non-practicing and patent assertion entities.

Challenges and Opportunities Facing Practicing and NPEs to Maximize Strategic and Financial Value of Their Patents

Jim Weisfield, Intellectual Ventures, Bellevue, WA (Bio, Paper, Slides)

NPEs and Patent Assertion Entities: What Are They and How Do You Work With or Against Them?

Cynthia L. Beverage, ST-Ericsson, Santa Clara, CA (Bio, Paper)

Challenges and Opportunities Faced by Outside Counsel Representing Practicing and NPEs, Including Business Conflict Issues and Alternative Billing Arrangements

Michael Rader, Wolf Greenfield, Boston, MA (Bio, Paper)


Track B, Tuesday, 2:00 - 3:30 pm

Trademark and Copyright Registration and Enforcement: How to Balance Risks and Benefits so You Hit the Jackpot!

Moderator: Jennifer L. Kovalcik, Stites and Harbison, PLLC, Nashville, TN (Bio)
Trademark and copyright practice require choices to minimize risk and maximize the client’s return on investment. This panel will offer different perspectives to help practitioners develop strong strategies, even when time and money are in short supply.

Don’t Play Roulette With Creative Works: Know the Bounds of Fair Use in Copyright Law

John Schailbley III, Indiana University School of Law, Indianapolis, IN (Bio, Paper, Slides)

How to Run the Table With a Winning Trademark Registration and Enforcement Strategy

Mark G. Tratos, Greenberg Traurig, LLP, Las Vegas, NV (Bio, Paper, Slides)

Keeping a Poker Face Even When State and Federal Laws Conflict

Kieran Doyle, Cowan Liebowitz & Latman, New York, NY (Bio)

A Question and Answer period will follow