Pacific Daylight Time

Over the past six months, the public availability and widespread use of various generative artificial intelligence (Generative AI) AI solutions, such as Chat GPT or Bard, has presented numerous legal, technical and ethical considerations across most every industry and geography region.  Given the potential for widespread use, it is important for organizations to understand key issues and best practices surrounding use of Generative AI solutions in developing policies and assessing legal, technical and business strategies related to Generative AI.  Specifically, what does it mean when your company’s employees use these powerful tools in their daily work?  Come learn how these tools are being used/misused and what is at risk if your employees use these tools with your proprietary information or use the results in new products or marketing without considering the risks.  Using Open AI’s current terms of service as a case study, our discussion will include a review of the availability of trade secret, copyright and patent protection based on outputs generated by Generative AI services and how to formulate workable policies for your workplace.

Do you know what you need to know to fulfill your obligation for “competency” under the Professional Rules of Conduct?  How often do you get questions at work to which you do not know the answer?  How often does your business want answers that are not at the tips of your fingers or within your knowledge as a lawyer?  Do you know what to do when the business tries to create confidentiality using just your legal title?  Come hear about your obligations of competency under the law, how to handle situations where you don’t “know” what to do, and get practical tips to make your life easier.

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

Please join us to hear from an esteemed and diverse panel of current and former GCs as they discuss their diverse paths to becoming board members of public and private corporations. You will learn strategic approaches to increasing your visibility and leveraging your networks to land a board seat and the advantages of serving on a board while maintaining a senior corporate role.  The panel will also discuss the importance of board composition, skill sets, and diversity to enhance board effectiveness.