34th Annual Intellectual Property Institute:
IP IN VOGUE

November 12-14, 2009
at the majestic St. Regis Monarch Beach Resort
Dana Point

SCHEDULE OF EVENTS

Thursday, November 12, 2009
Friday, November 13, 2009
Saturday, November 14, 2009

THURSDAY, NOVEMBER 12, 2009

9 a.m. - 1 p.m.

Executive Committee meeting
(open to the public)

12 noon - 4 p.m.

Registration and Exhibitors

1 p.m. - 3 p.m.

Concurrent “Nuts & Bolts” Sessions

Arrive at the IP Institute early for an opening act of “nuts and bolts” sessions. Freshen up on some good IP basics – that never goes out of style.

Track I – Patent

[1] Nuts & Bolts: Patent Re-Examination, the Role Played in Litigation and Licensing and How It Can Benefit Your Client
(2.0 Hours of MCLE)

This session will review both the procedures for inter-partes and ex parte patent re-examinations, and strategies to determine when and how a patent re-examination could be beneficial to your client. The speakers will also discuss revisions to re-examination, and the possible addition of the new First Window Opposition Proceeding to supplement re-examination in the Patent Reform Legislation.

Speakers: Thomas Ward and Anthony Craig, Fliesler Meyer LLP

Track II – Trademark

[2] Nuts & Bolts: Trademark Prosecution & Due Diligence
(2.0 Hours of MCLE)

The speakers will present a program on the basics of U.S. and foreign trademark prosecution. The program will be presented from the vantage point of an acquisition and divestiture, as a foundation for a practical discussion of trademark prosecution topics including:

• Acquisition, maintenance and enforcement of trademark rights;
• Basics of trademark prosecution including clearance and opinion work, prosecution before the USPTO and foreign jurisdictions, and cancellation and oppositions before the Trademark Trial and Appeal Board and foreign administrative bodies;
• Trademark due diligence issues; and
• The importance of handling prosecution well at the outset and how prosecution issues can come back to haunt you.

Speakers:

• Sophie Cohen, Cobalt LLP
• Amanda Nye, Lawyers at Large LLC

Track III – Copyright

[3] Nuts & Bolts: Copyright Law and Online Copyright Filings
(2.0 Hours of MCLE)

This session will provide an overview of copyright basics: copyrightable subject matter, ownership, notice and registration, assignments and enforcement, with special emphasis on using on line systems at the Copyright Offi ce to fi le applications to register and other documents affecting copyright status, as well as to search copyright status.

Speakers:

• Karen Frank, Partner, Coblentz, Patch, Duffy & Bass LLP
• Anne Hiaring Hocking, Law Offices of Anne Hiaring Hocking

3 p.m. - 4 p.m.

General Session: Nuts & Bolts of Trade Secret Licensing
(1.0 Hour of MCLE Credit)

What are the best practices for sharing a trade secret and ensuring that competitors do not use your trade secrets without your permission? What do you do if a potential business partner refuses to sign a nondisclosure agreement? Two IP experts -- a litigator and a transactional attorney -- describe how trade secrets are licensed, the agreements that owners use to protect the trade secrets they license and solutions for some of the problems that can arise.

Speakers:

• Kevin DeBre, Partner, Stubbs Alderton & Markiles, LLP
• Randy Kay, Partner, DLA Piper

4 p.m. - 5:30 p.m.

Standing Committee Meetings

Each Standing Committee meeting listed below is open to all attendees of the IP Institute. If you are interested in becoming active on a Standing Committee, please join one of these meetings and participate! To experience the fun and rewards of Bar committee activities is definitely in fashion.

6 p.m. - 7:30 p.m.

Aperitif: Welcome Cocktail Reception
(open to all attendees)

Enjoy a cocktail with friends old and new. That is always in fashion.

7 p.m. - 9 p.m.

Executive Committee Alumni & Speakers’ Dinner
(by invitation only)

FRIDAY, NOVEMBER 13, 2008

7 a.m. - 8 a.m.

Breakfast

Wake up with some coffee, grab a bite to eat, and get ready for an action-packed day to learn about hot trends in IP.

7 a.m. - 5:15 p.m.

Registration

8 a.m. - 8: 15 a.m.

8:15 a.m. - 9:15 a.m.

SPOTLIGHT SESSION
(1.0 Hour of MCLE Credit)

Hidden Assets: Intellectual Property Rights in Designs

Although there are certain works of authorship or intellectual output that are not subject to intellectual property protection (e.g., mere ideas), there are works that businesses may be surprised to learn they can protect and exploit under copyright, trade dress, and patent law. These IP rights differ and intersect in important and interesting ways. This panel will explore IP protection and developing law for design works ranging from apparel to architecture to product packaging and appearance, including an entertaining look at current trends in copyright protection for works far beyond those originally envisioned by the Founding Fathers.

Moderator: Rebecca Edelson, Partner, Steptoe & Johnson LLP

Panelists:

• Gene Bolmarcich, Vice President – Intellectual Property, Liz Claiborne, Inc.
• Christine L. Kopitzke, Attorney at Law and faculty, Southern California Institute of Law
• Matthew Neco, Esq., former VP & GC Stirling Bridge, Inc.
• Steven C. Sereboff, SoCal IP Law Group LLP

9:20 a.m. - 10:20 a.m.

Concurrent “Nuts & Bolts” Sessions

PATENT TRACK

[4] Patent Litigation Update: Recent Decisions by the U.S. Supreme Court and the Federal Circuit
(1.0 Hour of MCLE Credit)

The prevalence of federal patent cases in recent years has altered the patent litigation landscape and created a host of new opportunities and challenges for corporations and attorneys. This panel will examine recent changes and themes in federal patent law including:

• Patent invalidation by obviousness;
• Requirements for inventorship;
• Patent infringement claims;
• Availability of declaratory relief;
• Boundaries of inequitable conduct;
• Applicability of the patent exhaustion doctrine;
• Litigation involving non-practicing entities;
• Permissibility of joint representation; and
• Venue transfer requests and jurisdiction.

Moderator: Perry Viscounty, Partner & Co-Chair of Global IP and Technology Practice Group, Latham & Watkins LLP

Panelists:

• Dan L. Burk, Chancellor’s Professor of Law, University of California, Irvine
• Jeanine L. Hayes, Chief Intellectual Property Counsel, Yahoo!, Inc.
• David J. Rosmann, Vice President, Intellectual Property Litigation, Broadcom, Inc.

MIXED TRACK

[5] Copyright Year in Review
(1.0 Hour of MCLE Credit)

Come hear esteemed copyright scholar David Nimmer provide a comprehensive review of copyright cases and legal issues from the past year, including:

• The Perfect 10 trilogy in the 9th Circuit and its sequel
• The Cablevision RS-DVR case in the 2nd Circuit and the implicated issues
• eBay, Barbie v. Bratz, and the appropriate new standards for injunctive relief
• Lassie, Superboy, Pooh, and the mysteries of termination of copyright transfer

Speaker: David Nimmer, Professor from Practice, UCLA Law School and Of Counsel, Irell & Manella LLP

10:20 a.m. - 10:30 a.m.

Break

Catch up with friends quickly but then sashay your way on to the next session.

10:30 a.m. - 12 noon

Concurrent Sessions

PATENT TRACK

[6] In re Bilski: Will the Supreme Court change the landscape of patentable subject matter?
(1.5 Hours of MCLE Credit)

In June 2009, the U.S. Supreme Court granted certiorari to review the Federal Circuit’s en banc decision in In re Bilski. The case challenges the Federal Circuit’s “machine-or-transformation” test for evaluating the patentability of all processes. The Supreme Court’s decision has the potential to create a sea change in patent law. In this timely session, in-house attorneys at 4 industry-leading companies will:

• Review the arguments raised on both sides of the case
• Discuss how the Supreme Court may be likely to address the issues
• The potential impact on the validity and future of patenting for business methods, software and processes in other technologies

Moderator: Wayne Sobon, Associate General Counsel, Director of Intellectual Property, Legal Group, Accenture

Panelists:

• Tim Crean, Chief IP Officer, SAP
• Chip Lutton, Chief Patent Counsel, Apple, Inc.
• Emily Ward, Associate General Counsel, eBay, Inc.

MIXED TRACK

[7] It Takes a Thief: War Stories from the Anti-Counterfeiting Trenches
(1.5 Hours of MCLE Credit)

Trademark counterfeiting is one trend that the IP owner community wants to stop. It continues to threaten business in both the brick-and mortar and online worlds. In this session, the panelists will review some of their own war stories in battling counterfeit products and provide practical lessons to help clients reverse the counterfeiting trend. Among other things, they will discuss:

• New trends used by counterfeiters
• Use of nuisance abatement laws in New York City and Los Angeles, civil seizure programs, and other municipal efforts to combat counterfeiters
• Tactics for brand owners to work with law enforcement agencies to effectuate criminal seizures, arrests and prosecution of counterfeiters
• Strategies and resources for enforcing trademark rights against Internet counterfeiters.

Moderator: Deborah Greaves, Secretary & General Counsel, True Religion Brand Jeans

Panelists:

• C. Dennis Loomis, Partner, Baker and Hostetler LLP
• Kris Buckner, Investigative Consultants

12 noon - 1:30 p.m.

LUNCHEON & KEYNOTE ADDRESS
(1.0 Hour of MCLE Credit)

Speaker: Robin Smith ~ General Counsel, LEGO Systems, Inc.

She’s smart, she’s fun, and she previously served on INTA’s Board of Directors. Robin Smith will share her thoughts on current issues and challenges in IP, from the perspective of one of the world’s leading toy product and multi-media brands – a brand which is definitely in vogue.

1:30 p.m. - 2:45 p.m.

Concurrent Sessions

PATENT TRACK

[8] Monetizing IP: Selling and Licensing Patent Assets
(1.25 Hours of MCLE Credit)

Making money is always in fashion. In today’s economic downturn, companies are looking at all possible ways to generate new revenue – including from their IP portfolio. In this panel, industry leaders will provide a primer on buying, selling and licensing patents. They will discuss:

• legal issues to consider when monetizing patents
• war stories from their experiences
• current trends in the buying and selling of patents
• how you can help your clients and companies monetize their patent portfolios

Moderator: Ron S. Zollman, Chief Counsel, Iomega Corporation

Panelists:

• N. Thane Bauz, Partner, Paul Hastings Janofsky & Walker LLP
• Scott Coonan, Director of IP Litigation & Licensing, Juniper Networks, Inc
• Francis Rushford, Executive Vice President, ICAP Capital Markets, LLC

MIXED TRACK

[9] Software in the Stratosphere - Practical Strategies for Copyright Enforcement in the Digital Age (Without Breaking the Bank)
(1.25 Hours of MCLE Credit)

Computer software owners are struggling with balancing the need to prevent rampant infringement of their material facilitated by the digital age with the need to avoid tilting at windmills and expending signifi cant legal resources to contain the ever increasing number of infringers of their copyrights. Hear from experienced practitioners regarding the state of the art methods that their companies are using to focus enforcement efforts and prevent erosion of the business models, while not decimating legal budgets in this recessionary time. Learn how to:

• Develop and operate an effective enforcement program
• Select appropriate targets
• Leverage signature targets to get the maximum enforcement bang for the dollar
• Work with online service providers to obtain cooperation in preventing infringement.
• Strategically engage consultants to help identify infringers.
• Effectively use resources to avoid reinventing the wheel.

Moderator: Dominique Shelton, Partner, Wildman, Harrold, Allen & Dixon LLP

Panelists:

• Jennifer Fisher, General Counsel, Marshall & Swift/Boeckh
• Steve Tapia, Senior Attorney, IP&L - Copyright Group, Law and Corporate Affairs, Microsoft Corp.
• Michael B. Ayers, Senior Attorney, Toshiba America Information Systems, Inc.

2:45 p.m. - 3:45 p.m.

Concurrent Sessions

PATENT TRACK

[10] Hot Topics in Patent Prosecution
(1.0 Hour of MCLE Credit)

What is à la mode in patent prosecution? Find out from this panel discussion about the latest patent prosecution issues, including:

• patentable subject matter
• obviousness
• accelerated examination
• strategies for drafting and prosecuting patent applications

Moderator: T.J. Singh, Partner, Klein, O’Neill & Singh LLP

Panelists:

• Sivon Kalminov, Senior Manager, Patent Prosecution/Administration Department, Intellectual Property Division, Canon USA, Inc.
• John King, Partner, Knobbe Martens Olson & Bear LLP

MIXED TRACK

[11]Trademark Year in Review
(1.0 Hour of MCLE Credit)

What’s groovy and up-to-the minute in the world of trademarks and Internet domain names? Come find out from our esteemed speakers in this Year-in-Review.

Panelists:

• Prof. David J. Franklyn, Director, McCarthy Institute, University of San Francisco Law School
• Daniel C. Poliak, Associate General Counsel, Adobe Systems, Inc.

3:45 p.m. - 4 p.m.

Break

Grab a pick-me-up beverage and then go with the flow . . . to one of the featured sessions of the IP Institute.

4 p.m. - 5:30 p.m.

SPOTLIGHT SESSION
(1.5 Hours of MCLE Credit)

Client Town Hall

In today’s economic environment, how are clients handling their intellectual property needs? For this unique session, you are invited to a “Town Hall” to hear directly from a panel of clients. The panel will discuss what IP issues are top of mind for their companies, and how counsel can best help clients manage and protect their IP in today’s economic times. In an interactive dialogue, audience members will be encouraged to ask questions “from the floor” for the client panel to answer.

Moderator: James D. Nguyen, Partner, Wildman Harrold Allen & Dixon LLP

Panelists:

• Blake Bilstad, Senior Vice President, General Counsel & Secretary, Provide-commerce
• Timothy S. Ernst, Associate General Counsel, Del Monte Foods
• Joseph Geisman, Intellectual Property Counsel, Motion Picture Association of America, Inc.
• Kimberly K. Matthews, General Counsel, Jenny Craig, Inc.
• Seth B. Rosen, General Counsel & Vice President, Corporate Development, Mirion Technologies, Inc.

Feature Event: IP VANGUARD AWARDS

Reception, Dinner & Fashion Show

Strike a pose! It’s time to put on your most stylin’ threads and get camera ready. (Don’t forget to wear blue & white, this year’s signature colors). Join us for a gala celebration of leaders in IP, and our very own special Lawyer Fashion Show.

See IP Vanguard Awards for information about the 2009 honorees.

SATURDAY, NOVEMBER 14, 2009

7 a.m. - 8 a.m.

Breakfast

Had a great time last night? Recover with a light bite and gear up for another day of IP education . . .in high style.

7 a.m. - 1:45 p.m.

Registration

8 a.m. - 9 a.m.

Concurrent Sessions

PATENT TRACK

[12] Beyond the Claim’s Scope – Patent Damages in the Wake of Reform
(1.0 Hour of MCLE Credit)

Recent legislative reform efforts hold the potential to signifi cantly affect patent damages. In this two-part session, speakers will provide an update on those reform efforts and discuss:

• Patent damages and The Patent Reform Act of 2009, and any legislative changes that may have occurred.
• Patent damages claims based upon components/products beyond the patent’s scope

Speakers:

• David Tognotti, Vice President of Administration and General Counsel, Monster Cable Products, Inc.
• Bob Payne, Partner, LaRiviere, Grubman & Payne LLP

MIXED TRACK

[13] Twittering Trademarks! Crafty Copying! What You Need to Know to Counsel Your Clients About Social Networking, Social Media and Micromanufacturing E-commerce Sites
(1.0 Hour of MCLE Credit)

Social networking and social media are here to stay. As networking sites like Twitter, Facebook, Linkedin and micromanufacturing e-commerce sites like Etsy and others become mainstream, what legal issues should you be aware of, how can you protect your clients and how can you help them maximize the value of these platforms without running into any legal pitfalls from an intellectual property perspective? Current law is going to require some expansion and tweaking, and this panel will explain new legal developments and how to work with existing laws to add the most value in your legal counseling.

Panelists:

• Daniel Cooper, Vice President, Business & Legal Affairs, MySpace, Inc.
• Kristin Holland, Katten Muchin Rosenman LLP
• Lisa Stancati, Assistant General Counsel, ESPN, Inc.
• Karen Thorland, Loeb & Loeb LLP

9 a.m. - 10:30 a.m.

SPOTLIGHT SESSION
(1.5 Hours of MCLE Credit)

Judicial Q & A: How Do Judges Deal with Internet-Related IP Cases?

Many of today’s leading IP cases involve Internet-related technologies. Come hear rare insight into how judges deal with the
unique vagaries of the Internet in patent, copyright, trademark and trade secret cases.

Moderator: Ian C. Ballon, Partner, Greenberg Traurig LLP

Judicial Participants will include: Hon. Jeremy Fogel, U.S. District Court for the Northern District of California

10:30 a.m. - 10:45 a.m.

Break

We’re getting closer to the grand finale. Stay fashion-forward and make sure to grab seats for the last general session and the closing keynote luncheon.

10:45 a.m. - 12:15 p.m.

SPOTLIGHT SESSION
(1.5 Hours of MCLE Credit)

Obama and IP: What will the New White House Administration Mean for Intellectual Property for Private Enterprise, Academic Institutions & Government Agencies?

The federal stimulus package and other new White House initiatives will fund development in multiple areas of technology.
Our distinguished panel will be led by Q. Todd Dickinson, the former Under Secretary of Commerce for Intellectual Property
and former Director of the USPTO. The panelists will discuss the IP implications of Obama administration policy, including:

• Opportunities and challenges for intellectual property owners in all sectors
• Ownership of IP rights to works and inventions created using university or government resources
• Special considerations when a private business partners with a government entity
• Unique IP issues in academe

Moderator:

• Kyhm Penfil, Campus Counsel, University of California, Irvine

Panelists:

• Steven T. Atneosen, Acting Chief Administrative Officer, General Counsel and Government Relations, RxVantage, Inc.
• Melanye K. Johnson, Senior Attorney, National Institutes of Health Branch, HHS Office of the General Counsel
• Q. Todd Dickinson, Executive Director, AIPLA

12: 30 p.m. - 2 p.m.

LUNCHEON AND KEYNOTE ADDRESS
(1.0 Hours of MCLE Credit)

Speaker: Chris Kelly, Chief Privacy Officer and Head of Global Public Policy, Facebook, Inc.

He’s thoughtful, charming, and a leading voice for Web 2.0 technology. From his experience at one of the hottest online
social networks, Chris Kelly shares his sentiments about how technology can intertwine with law and public policy to
achieve a better world. Then close out the weekend and our IP showcase by remembering that IP is always . . . in vogue.