Intellectual Property Litigation Seminar 2019


1 Practical Strategies and Intellectual Global Perspectives Property on Today’s IP Litigation Issues Litigation Hear perspectives on IP litigation from judges, in-house counsel, experts, and litigators Learn about the IP issues that corporate counsel want their outside counsel to spot Enjoy networking opportunities with IP and commercial litigators from across the country in trendy Austin Keynote speaker The Honorable Alberto Gonzales 80th U.S. Attorney General Dean, Belmont University College of Law May 8–10, 2019 Omni Austin Hotel Downtown Austin, TX

2 his year, we take a look at a variety of issues relevant to IP litigators—ranging from building a strong T case for attorneys’ fees to IP issues from an in-house perspective. We will explore emerging issues in patent, copyright, and trademark law, focusing on industries such as video gaming, and provide practical, cutting-edge strategies for issues that IP litigators face every day, such as consumer surveys. We will join in a plenary session with the DRI Commercial Litigation Committee, where we will learn insights from Alberto Gonzalez, former U.S. Attorney General and White House Counsel to President George W. Bush; explore the pros and cons of arbitration; and hear the perspective of a retired judge on the changing landscape of truth in the United States. Our young lawyers also have the opportunity to join the Young Lawyers Breakout on Wednesday afternoon. Expect fun networking events with your IP litigation colleagues from around the country, as well as joint events with the DRI Commercial Litigation Committee in fun Austin. Rachael L. Boswell Lisa L. Rodman Program Chair Committee Chair Henein Peter J. Eileen Hintz Rumfelt Committee Vice Chair Program Vice Chair Mary Re Knack Law Institute PRESENTED BY DRI’s Intellectual Property Litigation Committee Register online now at or complete the form in the back.

3 Intellectual1Property1Litigation1Seminar232May14–5671 658 What You Will Learn How to maximize your chances to recover attorneys’ fees What corporate counsel wish you knew about IP litigation issues Strategies and hot topics in IPRs Best practices for consumer surveys It’s always a top-notch event with great speakers, social “ events, and networking opportunities. It’s my favorite seminar every year. ” Members Get More at : Committee newsletters, seminar course materials, Access to and other publications. Access to the DRI Intellectual Property Litigation Committee Community : Share articles, post blogs, and connect with others on the latest trends in your area of practice. , where lawyer-to-lawyer connections happen. Search dri circles Access to in your dri circles app store: ™ Use dri Dividends Points to reduce your registration fee : Recruit a member Attend a seminar Participate on a committee ...and more! My DRI Visit , go to and click on to see your balance. DRI Dividends Get engaged, get recognized, and get rewarded. 1

4 Intellectual1Property1Litigation1Seminar232May14–5671 658 PROGRAM SCHEDULE employee, conflicts of interest, and potential WEDNESDAY, MAY 8 hostility. This presentation explores these fac - 12:30 p.m. Registration tors and provides guidance in dealing with former- employee deponents. YOUNG LAWYERS BREAKOUT , , Dickinson Wright PLLC Ariana Pellegrino 1:30 p.m.–5:00 p.m. All are welcome ( ) Troy, MI 1:30 p.m. Effective Brief Writing and Oral Arguments Adjourn 5:00 p.m. Effectively presenting key arguments to judges through written and oral argument is critical. 6:00 p.m. Networking Reception This interactive panel will provide attendees 7:30 p.m. Young Lawyers Dinner | Please contact with tips to prepare and deliver both written and oral arguments effectively from the per Michael Barbee at [email protected] - PROGRAM SCHEDULE spectives of two long-time judges. for more details. | MODERATOR Michael Barbee Griffith , Join colleagues and SLG Dine-Arounds 7:30 p.m. | , Dallas, TX Barbee PLLC friends at selected restaurants for dinner, in , Charles T. (Charlie) Frazier, Jr. groupings based upon the Specialized Litigation Alexander Group (SLG) that best matches your practice: Dubose Jefferson & Townsend LLP , Dallas, TX Patent, Trademark, Copyright, or Trade Secret The Honorable Martin J. Hoffman , 68th Civil on your own ( ). More details on-site. , Dallas, TX District Court , The Honorable Michael J. Talbot (Ret.) THURSDAY, MAY 9 , Detroit, MI Bodman PLC Wireless Access Five Questions to Ask in a Contract Dispute 2:15 p.m. SPONSORED BY Buchanan Ingersoll & Rooney PC No matter how complex the contract, lawyers can Robson Forensic Inc. evaluate and improve their responses to cases by Registration 7:00 a.m. asking five questions. These questions illuminate the interplay between state and federal statutes, Continental Breakfast 7:00 a.m. common law, and the contract terms at issue. Welcome and Introductions 8:10 a.m. Greenberg Joshua B. (Josh) Portnoy , Douglas F. McMeyer U.S. Attorney’s Office , , , Atlanta, GA Traurig LLP Peoria, IL Preparing to Defend Your Client 3:30 p.m. , , Rachael L. Rodman Ulmer & Berne LLP in a 30(b)(6) Deposition Columbus, OH Plaintiffs’ attorneys are taking more corporate- E. Todd Presnell Bradley Arant Boult , witness depositions in an effort to develop evi- Cummings LLP , Nashville, TN dence to support punitive damages. This session will assist young and experienced litigators alike 8:15 a.m. Maintaining Your Moorings: to develop a winning deposition strategy. Professionalism in a Changing World , , Legal professionalism undergirds public trust in Kevin T. McCarthy Larson King LLP - Saint Paul, MN attorneys. In a time when our country is expe riencing unparalleled divisiveness, the former Representing Former Employees: 4:15 p.m. Chief Justice of the Supreme Court of Texas will Conflicts and Other Ethical Issues and challenge us to maintain professionalism in the Weighing the Risks and Benefits face of our national discord. Former employees are often important wit - , The Honorable Wallace B. Jefferson (Ret.) nesses, but deposing them raises a host of , Alexander Dubose Jefferson & Townsend LLP issues, including representing the former Austin, TX 2

5 Intellectual1Property1Litigation1Seminar232May14–5671 658 PROGRAM SCHEDULE submissions to increase your client’s chances of 9:15 a.m. Pros and Cons of Arbitration being awarded attorneys’ fees. Arbitration clauses were once the future of lit - igation, a means of resolving disputes in a , Brian K. Brookey Tucker Ellis LLP , cost- - effective, expeditious, and equitable man Los Angeles, CA ner. This panel will explore whether arbitra - 2:05 p.m. IP from an In-House Perspective tion clauses are still sensible, in today’s #MeToo, counsel A panel of in-house IP and litigation mass tort action, and social media era. will discuss best practices for outside coun - , MODERATOR | Sidney K. Kanazawa sel to add value, including what they wish their , Los Angeles, CA McGuireWoods LLP - outside counsel knew about global IP litiga Melanie Kennedy Cook Dollar General , tion issues. , Goodlettsville, TN Corporation MODERATOR , The Honorable Lisa R. Curcio (Ret.) , Bellevue, WA PACCAR Inc. Roshni Patel , , Chicago, IL ADR Systems PANEL Amy M. Turk , McGuireWoods LLP , Norfolk, VA , Chris Jacobs Advanced Micro Devices Inc. , 10:30 a.m. Refreshment Break Austin, TX SPONSORED BY Lewis Roca Rothgerber Eman Sojoodi , Dell Inc. , Austin, TX Christie LLP , Christopher T. Stidvent NTT Data A Discussion with the Honorable 11:00 a.m. , Austin, TX Services LLC Alberto Gonzales , Round Rock, TX Dell Inc. , Marc Vockell Alberto Gonzales, the 80th United States Attorney General and White House Counsel to 3:20 p.m. Refreshment Break President George W. Bush, will discuss a range SPONSORED BY Miller & Martin PLLC of important topics, including Trump adminis - Ulmer & Berne LLP tration policies, judicial appointments, and the future of the legal profession. Evolving AIA Trial Strategy 3:40 p.m. , Belmont The Honorable Alberto R. Gonzales Since their inception in 2012, more than 9,600 , Nashville, TN University College of Law AIA trials (IPRs, CBMs, and PGRs) have been filed. The Federal Circuit has decided over 420 Saul Ewing , Toyja E. Kelley | MODERATOR appeals stemming from Patent Trial and Appeal Arnstein & Lehr LLP , Baltimore, MD Board (PTAB) AIA trial decisions, the Supreme 12:00 p.m. Lunch ( on your own ) Court has considered several AIA trial practices, - and we’ve seen a steady stream of parallel lit | Contact 12:00 p.m. Women’s Networking Lunch igation in the courts. The USPTO has promul - Rebecca (Jan) Pirozzolo-Mellowes, Foley & gated rule changes, revised its trial practice . Lardner, [email protected] guide, and issued new standard operating pro - 1:30 p.m. Welcome and Announcements cedures and precedential opinions. These deci - Rachael L. Rodman , Ulmer & Berne LLP , sions and changes force AIA trial strategy to Columbus, OH evolve. This presentation will explore recent court decisions and USPTO rule changes that 1:35 p.m. Attorneys’ Fees: Laying the Groundwork have had a significant effect on AIA trial strat - for a Successful Motion egy and will highlight practical consider - While the type, and frequency, of motions dif - ations for litigants developing effective AIA fers between IP practices, the one constant trial strategies. challenge is how to maximize cost awards from Finnegan Henderson Farabow Rachel L. Emsley , the court. Join Brian Brookey as he discusses , Boston, MA Garrett & Dunner LLP how to optimize your litigation strategy and Adjourn 4:40 p.m. 3

6 Intellectual1Property1Litigation1Seminar232May14–5671 658 exception, however, has never been applied 4:45 p.m. DRI Intellectual Property Litigation Committee Meeting ) to purely commercial uses, even when those open to all ( uses could be characterized as both truthful Diversity Reception | Hosted by 5:30 p.m. and informative to the public. With the recent DRI President Toyja Kelly explosion of First Amendment protection for 6:00 p.m. commercial speech, it is now time to consider Networking Reception Tucker Ellis LLP the implications of the growth of commercial SPONSORED BY speech protection for possible limitation of the | 7:30 p.m. Join colleagues and friends Dine-Arounds right of publicity. on your at selected restaurants for dinner ( Northwestern University , Martin H. Redish own ). More details on-site. School of Law , Chicago, IL After-Hours Social Event 10:00 pm. | Details to come. 10:10 a.m. Third-Party Litigation Funding Comes of Age: Transparency Needed FRIDAY, MAY 10 PROGRAM SCHEDULE Third-party litigation funding or “TPLF” has Wireless Access become a $5 billion industry in the United Buchanan Ingersoll & Rooney PC SPONSORED BY States, including publicly traded companies. Robson Forensic Inc. Gone are the days when funding was confined to individual claimants and cases; financiers | DRI for Life Activities 7:00 a.m. Details to come. now seek out portfolios of cases and seek to 7:30 a.m. Continental Breakfast make deals with the lawyers rather than their SPONSORED BY Exponent clients. This raises a host of developing ethi- cal and practical issues, especially since to date Registration 7:30 a.m. most TPLF agreements are not disclosed to the Announcements 8:30 a.m. other side. , Cassels Brock & Blackwell LLP Peter J. Henein , David H. Levitt Hinshaw & Culbertson LLP , , Toronto, ON Chicago, IL 8:35 a.m. Best Practices on Trademark Refreshment Break 11:10 a.m. Consumer Survey Admissibility SPONSORED BY Marks Gray PC - A seasoned trial lawyer and designated con Gaming the System: IP and the 11:30 a.m. sumer survey expert will explore leading deci- Video Game Industry sions regarding the admissibility of trademark Robert Van Arnam, outside counsel for video surveys and provide practice tips on how to game developers, including the makers of the avoid common pitfalls in expert reports. Enjoy popular video game, Fortnite, talks about IP a lively discussion on best practices in critiqu - issues facing the video game industry, includ ing and defending survey evidence. - ing right of publicity, patent, copyright, open Cynthia R. Cohen, PhD , Verdict Success , source, and trademark issues. Los Angeles, CA Robert C. Van Arnam Williams Mullen , , , Lathrop Gage LLP , Erica J. Van Loon Raleigh, NC Los Angeles, CA Adjourn Post-Conference Lunches 12:30 p.m. | 9:35 a.m. Right of Publicity and the First Amendment ( on your own ) Although it varies, most states recognize a right of publicity that gives individuals a legally Service Project | Details to come. 2:00 p.m. protected interest against commercially moti- 3:00 p.m. Post-Conference Networking Events | Stay vated communicators’ use of their name or after the conference and enjoy further likeness for commercial gain. To accommodate networking opportunities Friday afternoon First Amendment interests, the right has been and evening with your DRI colleagues and qualified by a “public Interest” exception. That friends. Details to come. 4

7 Intellectual1Property1Litigation1Seminar232May14–5671 658 GENERAL INFORMATION April 16, materials in advance, DRI must receive your registration by In-House Counsel please allow 10 days for processing ( 2019 ). Registrations received In-house counsel are eligible for free registration to after April 16 will be processed on-site. DRI seminars. In-house counsel are defined as licensed attorneys who are employed exclusively by a corpo - Refund Policy - ration or other private sector organization for the pur The registration fee is fully refundable for cancellations received on pose of providing legal representation and counsel or before April 16 . Cancellations received after and on April 16, 2019 only to that corporation, its affiliates, or its subsidiaries. April 23, 2019 or before - , will receive a refund, less a $100 process To qualify for free registration, in-house counsel must will not receive a refund, April 23 ing fee. Cancellations made after be a DRI member and a member of the DRI Corporate but a $100 certificate good for any DRI seminar within the next 12 months will be issued. All cancellations and requests for refunds must be sponsored by a DRI member or Counsel Committee [email protected] be made in writing. Fax (312.795.0747) or email ( who is both registered and has paid for the seminar. ) to DRI’s Accounting Department. Processing of refunds will occur org Nonmember in-house counsel may utilize this offer within four weeks after the date of the seminar. All refunds will be only once. This offer excludes the DRI Annual Meeting - processed in the same method that the payment was received. Sub - and the DRI Business Management Principles for Law - stitutions may be made at any time without charge and must be sub yers Seminar. mitted in writing. Discounts Claims Executives Group Discount The first and second registrations from the same Claims professionals are eligible for free registration to firm or company are subject to the fees outlined previously. The reg - DRI seminars. Claims professionals are defined as any istration fee for additional registrants from the same firm or company individuals employed by a corporation or insurance is $775 , regardless of membership status if received on or before April - company, who spend a substantial portion of their pro April 9 , the group rate is $875 . All registrations must be 9, 2019 . After fessional time hiring or supervising outside counsel in received at the same time to receive the discount. - the representation of businesses, insurance compa - Travel Discounts DRI offers discounted meeting fares on vari nies or their insureds, associations, or governmental DRI Business Litigation Super Conference ous major air carriers for entities in civil litigation. To qualify for free registration, attendees. To receive these discounts, please contact Direct Travel, the claims professional must be a DRI member under a DRI’s official travel provider, at 800.840.0908. As always, to obtain the be sponsored by a DRI mem - corporate membership or lowest available fares, early booking is recommended. ber who is both registered and has paid for the semi- The taping or recording of DRI seminars is prohibited without the Nonmember claims professionals may utilize this nar. written permission of DRI. Speakers and times may be subject to last-minute changes. offer once per calendar year. This offer excludes the A small portion of your room rate offsets the costs of the seminar. DRI Annual Meeting. DRI policy provides there will be no group functions sponsored by others in connection with its seminars. GENERAL INFORMATION Hotel Accommodations CLE Accreditation A limited number of discounted hotel rooms have been made avail - This seminar has been approved for MCLE credit by the State Bar of Omni Austin Hotel Downtown, 700 San Jacinto, Austin, TX able at 1.75 13 hours, including hours of ethics credit. California for up to 78701 ( to view hotel photos). click here Accreditation has been requested from every state with mandatory in one of $269 Single/Double Take advantage of the group rate of - continuing legal education (CLE) requirements. Certificates of atten two ways: dance will be provided to each attendee. Attendees are responsible - for obtaining CLE credits from their respective states. Credit availabil DRI and go to the or visit Click here Reserve online: 1) ity and requirements vary from state to state; please check the DRI and click on the “Book Property Seminar page Intellectual for the latest information for your state. website at hotel” button. Or Registration Policy and mention the contact the hotel directly at 512.476.3700 2) . DRI Intellectual Property Seminar Save $100 when you register by April 9, 2019. (See the registration - form for pricing.) The registration fee includes course materials, con The hotel block is limited and rooms and rates are available on a first- tinental breakfasts, refreshment breaks, networking receptions, and , to April 9, 2019 come, first-served basis. You must make reservations by access to the DRI App. If you wish to have your name appear on the April 9 be eligible for the group rate. Requests for reservations made after registration list distributed at the conference and receive the course are subject to room and rate availability. 5

8 Intellectual1Property1Litigation1Seminar232May14–5671 658 FACU LT Y Mary Re Knack Michael Barbee , Griffith Barbee PLLC, Dallas, TX , Ogden Murphy Wallace PLLC, Seattle, WA David H. Levitt , Hinshaw & Culbertson LLP, Chicago, IL Lisa L. Boswell , Early Sullivan Wright Gizer McRae LLP, Los Angeles, CA Kevin T. McCarthy , Larson King LLP, Saint Paul, MN , Tucker Ellis LLP, Los Angeles, CA Brian K. Brookey , U.S. Attorney’s Office, Peoria, IL Douglas F. McMeyer , Verdict Success, Los Angeles, CA Cynthia R. Cohen, PhD Roshni Patel , PACCAR Inc., Bellevue, WA , Dollar General Corporation, Melanie Kennedy Cook Ariana Pellegrino , Dickinson Wright PLLC, Troy, MI Goodlettsville, TN Joshua B. (Josh) Portnoy , Greenberg Traurig LLP, Atlanta, GA , ADR Systems, The Honorable Lisa R. Curcio (Ret.) E. Todd Presnell , Bradley Arant Boult Cummings LLP, Chicago, IL Nashville, TN , Finnegan Henderson Farabow Garrett & Rachel L. Emsley , Northwestern University School of Law, Martin H. Redish Dunner LLP, Boston, MA Chicago, IL , Alexander Dubose Jefferson Charles T. (Charlie) Frazier, Jr. , Ulmer & Berne LLP, Columbus, OH Rachael L. Rodman & Townsend LLP, Dallas, TX , Miller & Martin PLLC, Atlanta, GA Eileen Hintz Rumfelt , Belmont University The Honorable Alberto R. Gonzales College of Law, Nashville, TN , Dell Inc., Austin, TX Eman Sojoodi Peter J. Henein , Cassels Brock & Blackwell LLP, Toronto, ON Christopher Stidvent , NTT Data Services LLC, Austin, TX The Honorable Martin J. Hoffman , 68th Civil District Court, Dallas, TX , Bodman PLC, The Honorable Michael J. Talbot (Ret.) Detroit, MI , Advanced Micro Devices Inc., Austin, TX Chris Jacobs , McGuireWoods LLP, Norfolk, VA Amy M. Turk The Honorable Wallace B. Jefferson (Ret.) , Alexander Robert C. Van Arnam , Williams Mullen, Raleigh, NC Dubose Jefferson & Townsend LLP, Austin, TX Erica J. Van Loon , Lathrop Gage LLP, Los Angeles, CA Sidney K. Kanazawa , McGuireWoods LLP, Los Angeles, CA FACULTY Marc Vockell , Dell Inc., Round Rock, TX , Saul Ewing Arnstein & Lehr LLP, Toyja E. Kelley Baltimore, MD View faculty bios on the Intellectual Property Litigation : In-house and DRI CLIENT CONNECTION Denotes the Seminar webpage ; click on “View speakers” button. claims professional speakers Diversity and Inclusion in DRI: A Statement of Principle interests of business and individuals DRI is the largest international membership organization of attorneys defending the in civil litigation. fundamental to the success of Diversity is a core value at DRI. Indeed, diversity, which includes sexual orientation, is the organization, and we seek out and embrace the innumerable benefits and contributions that the perspectives, backgrounds, cultures, and life experiences a diverse membership provides. Inclusiveness is the chief means to increase the diversity of DRI’s membership and leadership positions. DRI’s members and potential leaders are often also members and leaders of other defense organizations. Accordingly, DRI encourages all national, state, and local defense organizations to promote diversity and inclusion in their membership and leadership. Harassment and Discrimination DRI is committed to the policy of equal opportunity regardless of race, color, religion, sex, sexual orientation, gender, national origin and disability in all of its programs and activities, as well as maintaining an environment in our programs and activities which is free from all forms of harassment or discrimination of any kind. Pursuant to this policy, if any person who attends our programs or activities experiences unlawful discrimination or harassment, this should be reported to the Executive Director so that appropriate action may be taken. 6

9 Intellectual1Property1Litigation1Seminar232May14–5671 658 CLE for Your Practice May 15 March 20–22 Trial Skills and Damages Cannabis Law Renaissance Washington DC Park MGM Las Vegas , Las Vegas, NV Downtown , Washington, DC April 10–12 Construction Law June 5–7 View all , Las Vegas, NV Insurance Bad Faith and Caesars Palace Continuing Extra -Contractual Liability Legal April 15–17 Westin Washington, D.C. Education Business Management Principles offerings , Washington, DC City Center for Lawyers (Spring Session) , Nashville, TN Belmont University June 20–21 Diversity for Success May 8–10 , Sheraton New Orleans Business Litigation Super Conference New Orleans, LA Omni Austin Downtown , Austin, TX June 26 May 8–10 Trucking Law Primer Employment and Labor Law Hilton Nashville Downtown , Pointe Hilton Tapatio Nashville, TN Cliffs Resort , Phoenix, AZ M ay 9 –10 Retail and Hospitality Litigation Loews Sapphire Falls/Royal Pacific , Orlando, FL Resorts at Universal DRI networking. At your fi ngertips! Member exclusive NEW! Refer and track referrals to fellow members Lawyer- Schedule meetings to-lawyer Send messages connections Join dri social circles of interest happen within Create professional circles to facilitate business development . dri circles Video conference call functionality Search dri circles in your app store Stay updated on DRI’s events—follow us on social media: 7

10 Intellectual1Property1Litigation1Seminar232May14–5671 658 SEMINAR SPONSORS DRI wishes to thank our sponsors for their support at this year’s seminar! GOLD SPONSORS SILVER SPONSORS SEMINAR SPONSORS BRONZE SPONSORS 8

11 Register online Intellectual Property Litigation Seminar May 8–10, 2019 Omni Austin Hotel Downtown | Austin, TX FORMAL NAME TITLE NAME ( as you would like it to appear on badge ) COMPANY/FIRM/LAW SCHOOL ADDRESS CITY STATE/PROVINCE ZIP/POST CODE TELEPHONE FAX EMAIL Please list any special needs Yes No Are you a first-time attendee at this DRI seminar? How many attorneys What is your primary are in your firm? area of practice? REG ISTR ATION FE E Registration fee includes seminar attendance, networking receptions, course materials, and access to the DRI App. DRI will email a link to download the course materials to all registrants two weeks in advance of the seminar. Only members of DRI will have access to the PowerPoint presentations after the seminar. After On or before Apr. 9, 2019 Apr. 9, 2019 Member For inclusion on the preregistration $875 $975 $1,295 list and to receive course materials in $1,195 Nonmember . Government Member $575 register by April 16, 2019 advance, FREE Law Student Member In-House Counsel Member* FREE Claims Executive Member* FREE Group Discount* $775 $875 FREE Community Service Project** * As defined on page 5 ** See page 4 PAYMENT METHOD 3400-0030-21 Intellectual Property (USD) is enclosed. My check for 2019-0030B Please charge my American Express. MasterCard VISA Exp. Date Card # CVC Signature COURIER Please remit payment by MAIL Please remit payment by to: to: JP Morgan, Attn: DRI LBX 72225 DRI 131 S. Dearborn, 6th Floor, Chicago, IL 60603 72225 Eagle Way, Chicago, IL 60678-7252 | 312.795.1101 | WEB: [email protected] EMAIL: 312.795.0749 | FAX: PHONE:

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