8:30AM - 9:30AM / Morrison Foerster
AI Considerations in Technology Transactions
The adoption of AI technologies has been on the rise, with many industries recognizing the potential benefits and competitive advantages that the technology can bring. While benefiting from AI technologies, organizations must also consider possible legal ramifications in this developing area of law. This presentation will provide a high-level overview of the technology that powers Generative AI tools, a discussion of key issues in transactional agreements such as ownership and permissible use of prompts, training data and outputs as well as recent cases arising from the development and use of such tools. The presenters, Tessa Schwartz and Joe Gratz from MoFo’s Technology Transactions and IP Litigation groups, respectively, will provide an insider’s view of what they are seeing on the ground and what lies ahead.
Panelists:
Joseph Gratz, Partner, Morrison Foerster
Tessa Schwartz, Partner, Morrison Foerster
Matthew Castle, Senior Commercial Counsel, OpenAI
9:45am-10:45am I Orrick
Litigating Patent Damages
With juries continuing to award large dollar verdicts in patent cases, the importance of damages in patent cases has never been greater. This panel will discuss the latest developments in the law of damages and how those developments impact damages claims and defenses. The panel also will offer practical advice from experts, litigators, and in-house counsel on choosing damages experts, working with damages experts on their reports, and meeting disclosure and discovery requirements. The panel also will explore the latest trends in damages theories and challenges to damages opinions under Rule 702.
Panelists:
Nicholas Kim, Senior Corporate Counsel, Microsoft Corporation,
Pallavi Seth, Principal, The Brattle Group
Jared Bobrow, Partner, Orrick, Herrington & Sutcliffe LLP
11:00am-Noon I Keker, Van Nest & Peters
Federal Circuit Year in Review
This panel will highlight some of the Federal Circuit’s most impactful decisions over the last year across IP, including the copyrightability of software programs, the state of interference proceedings post-AIA, the overlap of patent term adjustment and obviousness-type double patenting, and more. The panel will also discuss some of the court’s forthcoming decisions, including the court’s recent en banc grant in the design patent case of LKQ v. GM and the hotly contested patent dispute in Intel v. VLSI.
Panelists:
Leo Lam, Partner, Keker, Van Nest & Peters
Stephanie Goldberg, Associate, Keker, Van Nest & Peters
Bernard Shek, Vice President, Deputy General Counsel & Assistant Secretary, Western Digital
Noon - Lunch Delivery
12:30pm-1:30pm I Finnegan
Director Vidal's Lasting Mark on the PTAB:
How it Impacts Your Overall Litigation Strategy
The Patent Trial and Appeal Board (PTAB) has announced several developments in recent months that impact both petitioners and patent owners, and many other legislative and rule changes have been proposed to further reform PTAB practice. The panelists will present a recap of select developments and proposed new changes, explaining what to expect from these important changes in the law and PTAB procedures and how to best leverage the changes and avoid major pitfalls. In particular, the panel will discuss:
- IPR and PRG statistics and trends
- Updates on discretionary denials under Fintiv and IPR estoppel
- Proposed sweeping rule changes and their potential impact on PTAB practice
- Proposed reform to PTAB practice under the PREVAIL Act
- Strategic interplay between PTAB proceedings and district court litigations
Panelists:
Vice Chief Judge Michael Tierney, Patent Trial and Appeal Board
Ashok Pinto, Director, IP Policy Group, Intel
Shawnna Yashar, Director of Global IP Litigation, Lenovo
Arpita Bhattacharyya, Partner, Finnegan
1:45pm-2:45pm I Morrison Foerster
Negotiating Intellectual Property Indemnification Provisions
Join us for an in-depth discussion on intellectual property risks, indemnities, and practical tips to keep in mind during commercial negotiations. We will discuss key IP considerations in agreements and provide examples of how they can play out in litigation when one party seeks indemnification from another. Our goal is to help you negotiate and draft effective indemnities that properly reflect the risk allocation agreed between commercial parties.
Panelists:
Aaron Rubin, Partner, Morrison Foerster
Roman Swoopes, Partner, Morrison Foerster
Jeff Kaban, Director, Global Litigation at Autodesk
