B R I N G I N G

THIS FALL

World-ClassIP EducationTO YOU w/new content

& trusted insights

Midwest IP InstituteSEPT 28 & 29 MPLS

Delivering the benefits you need to enhance your value to clients!

Outstanding Faculty – Including Reyna, Rogers, Kelley & SheppardHeadlining the 2017 Institute are CAFC Judge Jimmie Reyna, TTAB Chief Judge Gerard Rogers, USPTO Solicitor Nate Kelley, and Midwest Regional USPTO Director Dr. Christal Sheppard. With these headliners, IP experts from Asia, Europe, Canada, Australia, California, Texas, New Jersey, Massachusetts and across the Midwest will join a talented local faculty of experts to share real-world advice and practice tips for tackling complex legal and business issues.

Time-Saving Distillation of What’s Important A team of more than 75 Institute faculty and planners spends hundreds of hours distilling information – new cases and rules, business trends, frequently asked client questions, and more – so you don’t have to. The session line-up itself – and the content within each session – reflects deliberate, insightful selection of what is important in IP practice today.

Spot-on Legal EducationIn addition to the 7 plenary sessions, select from 32 session options in 7 tracks. Includes new tracks and topics, new sessions in the annual Patent, Copyright and Trademark, and In-House Counsel tracks – plus Ethics and Elimination of Bias sessions, and optional Advanced Discussion Roundtables.

Irreplaceable In-Person ConnectionsGather with your colleagues in the IP community for learning, networking and fun. Take advantage of the optional small-group Advanced Discussion Rountables. And don’t miss the socializing and prize drawings at the Thursday evening reception!

And Tools to Aid Your Client WorkEvery attendee will receive the 2017 edition of The IP Book, filled with concise updates distilling key developments in patent, trademark, copyright and trade secret law. Attendees also receive faculty written materials accompanying their sessions at the conference. Both resources are designed to be time-saving, information-packed tools for the practitioner.

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THE 2017 MIDWEST

IP INSTITUTE

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REYNA.ROGERS.

SHEPPARD.KELLEY.

21 visiting speakers+ an expert local team

REGISTER TODAY! • 651-227-8266 • 800-759-8840 • www.minncle.org

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Patent Update – What the Federal Circuit and Supreme Court Did This Year, And Why It Matters to YouDragseth & KelleyPA

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2017 Trademark Trial and Appeal Board Update: New Rules and Notable Decisions Rogers

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Answers to 20 IP Questions Facing In-House Counsel in 2017-18Debrow & Koziol

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PLENARY SESSIONS

MAIN PLENARY

9:00 – 9:45 a.m.

U.S. Court of Appeals for the Federal Circuit – Current Developments and Future ChallengesJudge Jimmie V. Reyna

9:45 – 11:00 a.m.

Inside Minnesota IP: Meet the Inventors and EntrepreneursHannah Barnstable, Craig J. Lervick, Thomas S. Schroeder & Irene Waldridge Rita Anne O’Keeffe (moderator)

ALTERNATE PLENARY

9:00 – 11:00 a.m.

Inter Partes Review• Part I: Assertion of IPRs to Challenge

Patents – Elements of Good Challenges and Bad

• Part II: Strategies for Defending a Patent Portfolio in IPR

Timothy E. Bianchi & Katharine A. Wolanyk

PLENARY SESSIONS

8:15 – 8:50 a.m. CHECK-IN & CONTINENTAL BREAKFAST

8:50 – 9:00 a.m.WELCOME

9:00 – 9:40 a.m.

The 2017 IP UpdateFelicia J. Boyd

9:40 – 10:20 a.m.

2017 Midwest Region USPTO Update and Status of Pilot ProjectsDr. Christal Sheppard

10:20 – 11:00 a.m.

Tips for Success in IP Practice from In-House CounselGena M. Chapman Lori J. Heinrichs Eileen M. Hunter Robert J. Pechman Elizabeth Cowan Wright (moderator)

8:30 – 9:00 a.m.CONTINENTAL BREAKFAST

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LUNCH11:15 a.m. – 12:15 p.m.

BREAKOUT SESSION A

504

Strategy Considerations for Patent Procurement Worldwide: A Panel of International ExpertsBijvank, Dai, Eunkyeong Lee, Lainson & Potter Speier (moderator)

503

IP Due Diligence in TransactionsBuckingham & Hemphill

11:15 a.m. – 12:15 p.m.

BREAKOUT SESSION E

502

New Developments in Copyright Law – Secondary Liability, Protected Features of Useful Articles, New Antitrust Guidance, and MoreLitsey, Moerke & Mussell

501

How to Manage Patent Infringement Risk in Product Development Post-HaloHipkins

12:15 – 1:15 p.m.

LUNCH(on your own)

LUNCH

12:15 – 12:30 p.m.Boxed lunches provided to all attendees

12:30 – 1:15 p.m.

SPECIAL LUNCHEON PRESENTATION

Visual Advocacy: How Legal Design Can Improve Your Clients’ OutcomesHagan & Razavi

1:15 – 1:30 p.m.

BREAK

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201

Key New Cases, Rules and Emerging Trends – Strategic Implications for PTAB ProceedingsLagatta

401

Post-Sale Restrictions on Patented Articles – What Post-Sale Restrictions?Hilberg & Wrigley

301

Abstract Ideas and Section 101 – Practical Strategies for Presenting Subject Matter Eligibility PositionsHoff & Sondreal Nichols Matkaiti (moderator)

402

Trademark Registration and the First AmendmentBaird & MacMull

302

The Extraterritorial Reach of the Lanham ActKliebenstein & MacMull

202

The Year in Trademark Law: Noteworthy Decisions and Their Impact on Your PracticeKelly & Sitzmann

203

A Day in the Life of In-House CounselBollettieri, Lambert, Leviton & Storvic Rivard (moderator)

403

What In-House Counsel Should Know about PTO Post-Grant Proceedings Hughey & Jarrells

303

Software Copyright Infringement Allegations – Inside the Forensic AnalysisZeidman

304

Going from Good to Great: Using Legal Design to Create Powerful Courtroom ExhibitsHagan & Razavi

404

Legal Design for Your Business: Visual Communication Tools to Improve Communication and Productivity Hagan & Razavi

204

Making the Complex Comprehensible: Tips, Techniques and Tactics from Opening Statement to Closing ArgumentSchutz

205

Improving the Client Experience Through Wellbeing and Empathy Fahrenkrog

305

Hashtags, Handles and Social Engagement: Marketing in the Digital Age Grahn & Lockner

405

How to Improve the Patent Trial and Appeal BoardPedersen

801

How To Structure, Manage and Perform Clearance and Freedom-To-Operate ProjectsFairbairn & Wright

1:30 – 2:30 p.m.

BREAKOUT SESSION B

2:45 – 3:45 p.m.

BREAKOUT SESSION C

4:00 – 5:00 p.m.

BREAKOUT SESSION D

701

Design Patents: Best Practices in Light of Recent DevelopmentsTysver

702

Strategies for Overcoming Descriptive, Geographic and Surname RefusalsWeseman

703

New Developments in Trade Secrets Law – Including DTSA One Year LaterBundy, Kahnke & Phillips

See other session options.

2:30 – 3:30 p.m.

BREAKOUT SESSION G

3:45 – 4:45 p.m.

BREAKOUT SESSION H

601

After TC Heartland: Venue Considerations for Practitioners Morrison, Myers & Smith Adkisson (moderator)

603

Strategy Considerations for Patent Enforcement Worldwide:  A Panel of International ExpertsCheng, Ebbink, Kang & Subramaniam Lockner (moderator)

1:15 – 2:15 p.m.

BREAKOUT SESSION F

602

A PR Nightmare: When Cease and Desist Letters Go Wrong Brennan & Toms

Protecting Digital Property InnovationMonday, October 9 12:00 – 1:00 p.m. 1.0 standard CLE credit applied forProtecting digital property innovation, including innovation in the Internet of Things (IoT), has required alternative strategies as patents related to software and digital communications have met significant challenges to whether the subject matter is patentable. Innovation does not stop, and innovators need to be nimble and consider alternative ways to protect their innovation. This presentation explores aspects of IoT that should be considered for intellectual property protection, complementary protection options (including pat-ents, copyrights, trade secrets, and contract), and strategies for licensing that intellectual property.Marla R. Butler, Ari B. Lukoff & David A. Prange

View a Free Webcast!As another special bonus of attending the Institute, you may view the webcast listed below for free! A coupon code, along with instructions on how to register for free at www.minncle.org, will be distributed at the Institute.

Food, Fun and a Chance to Win Big Prizes!Register for a chance to win a handcrafted wooden stand-up paddleboard from Shore Boards in Duluth or one of two retro-style Coleman coolers.

The prize drawing will take place at the reception on Thursday, September 28, and you must be present at the reception during the prize drawing to win. Any person may receive an entry form on Thursday, September 28, at the Institute registration desk until the reception begins at 5:00 p.m. Registration for the 2017 Midwest IP Institute is not required. The following individuals are not eligible to win: employees of Minnesota CLE and the Minnesota State Bar Association, as well as family members of those employees.

803 1.0 ethics credit applied for

Not So Fast…! Ethical Considerations Impacting Patent Licensing LitigationWoods

802

IP Theft, Data Breaches and Other Crimes on the Dark Web Lanterman

See session 802.

courtesy of the sponsoring firms

5:00 – 6:00 p.m.

RECEPTION

AFTER THE CONFERENCE…

604 2-hour session | 2.0 elimination of bias credits applied for

Gray Area Thinking™ – A Toolset for Interacting with Diverse HumansKrug

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SESSION DESCRIPTIONS

8:15 – 8:50 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:50 – 9:00 a.m.

WELCOME

PLENARY SESSION

9:00 – 9:40 a.m.

The 2017 IP UpdateThe IP lawyer’s essential annual update, identifying and discussing those intellectual property law developments that make the “top 10” list – developments that took place over the past year and those to keep an eye on for 2018.

Felicia J. Boyd

9:40 – 10:20 a.m.

2017 Midwest Region USPTO Update and Status of Pilot ProjectsDr. Christal Sheppard

10:20 – 11:00 a.m.

Tips for Success in IP Practice from In-House CounselA panel of in-house IP counsel will discuss their tips for how to succeed as in-house IP counsel and when working with in-house IP counsel. Topics will include lessons the panelists have learned, mistakes they’ve observed, and thoughts on how to navigate the role of in-house IP counsel in an ever-changing legal landscape. The panelists will also provide tips on how outside counsel can work effectively with in-house counsel, including best practices they’ve seen or would like to see.

Gena M. Chapman, Lori J. Heinrichs, Eileen M. Hunter & Robert J. PechmanElizabeth Cowan Wright (moderator)

11:00 – 11:15 a.m. BREAK

1:30 – 2:30 p.m.

BREAKOUT SESSION B

201

Key New Cases, Rules and Emerging Trends – Strategic Implications for PTAB ProceedingsFind out about current filing and decision trends out of the PTAB – and, practically speaking, what it all means for tactical considerations for PTAB cases.

Andrew J. Lagatta

202

The Year in Trademark Law: Noteworthy Decisions and Their Impact on Your PracticeDaniel Kelly and Timothy Sitzmann discuss significant trademark decisions from the past year and their practical implications for in-house and outside counsel. The issues span the gamut from claims for attorney’s fees under the Lanham Act; ownership disputes; parodies and the fair use defense; and more.

Daniel J. Kelly & Timothy D. Sitzmann

203

A Day in the Life of In-House CounselA panel of seasoned corporate counsel will respond to a series of hypothetical situations, drawn from real-world experiences in-house. Learn how they respond to business demands, prioritize tasks, delegate work to and work with outside counsel, and deliver results without breaking the budget.

Jill L. Bollettieri, Nancy M. Lambert, Joel D. Leviton & Kristofor L. StorvicRuth Rivard (moderator)

204

Making the Complex Comprehensible: Tips, Techniques and Tactics from Opening Statement to Closing ArgumentRon Schutz will draw upon his extensive trial experience to demonstrate how to educate and persuade a jury in cases where the issues and facts are challenging and complicated.

Ronald J. Schutz

205

Improving the Client Experience Through Wellbeing and Empathy In-house and outside counsel can improve their clients’ experience through increased focus on their clients’ and their own wellbeing by asking the simple question “How can I make the other person’s life easier?” This discussion will explore how counsel can deliver a powerful client experience by integrating empathy with subject matter expertise.

Attendance for this advanced, small-group discussion is limited to 15, on a “first to arrive at the classroom” basis.

Aaron R. Fahrenkrog

2:30 – 2:45 p.m. BREAK

THURSDAY SEPTEMBER 28

11:15 a.m. – 12:15 p.m.

BREAKOUT SESSION A

101

Patent Update – What the Federal Circuit and Supreme Court Did This Year, And Why It Matters to YouMessrs. Kelley and Dragseth have each briefed over 60 appeals to the Federal Circuit and Supreme Court. In this presentation, they will highlight the most important patent decisions of the past 12 months, and discuss what those cases mean as a practical matter to your legal practice.

John A. Dragseth & Nathan Kelley

102

2017 Trademark Trial and Appeal Board Update: New Rules and Notable Decisions The Chief Administrative Judge of the TTAB will discuss how the new rules on discovery e-filing and service are working and review notable recent decisions and other significant developments at the TTAB. He will also seek input on a proposal that would streamline cancellation procedures based on abandonment and nonuse.

Chief Judge Gerard F. Rogers

103

Answers to 20 IP Questions Facing In-House Counsel in 2017-18Some questions seem never to go away – and new law and new business trends create new issues. This is a chance to have two experts’ analysis of how to deal with both recurrent and new questions, including: We want to make improvements to our vendor’s solution; how can we make sure they don’t just take our idea? What should I do when a third party tells me about their patents? And more!

Jennifer Debrow & Paul G. Koziol

12:15 – 1:30 p.m.

LUNCH, PRESENTATION & BREAK (boxed lunches provided to all attendees)

12:30 – 1:15 p.m.

SPECIAL LUNCHEON PRESENTATION

Visual Advocacy: How Legal Design Can Improve Your Clients’ Outcomes Margaret Hagan & Kate S. Razavi

VALUABLE OPTION! ADVANCED, SMALL-GROUP ROUNDTABLE SESSIONSThis advanced track on Thursday offers a great option for those attendees who want to engage in roundtable discussion. Faculty presenters will present material and facilitate the discussions. Like the other breakout sessions, CLE credit will be applied for. Attendance is limited to 15 per session, on a “first to arrive at the classroom” basis.

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4:00 – 5:00 p.m.

BREAKOUT SESSION D

401

Post-Sale Restrictions on Patented Articles – What Post-Sale Restrictions?This presentation will trace the history of the patent exhaustion doctrine and post-sale restrictions through the landmark Supreme Court decision in Impression Products, Inc. v. Lexmark International, Inc. The presentation will also explore the practical effects of the decision on manufacturers, importers, distributors and retailers, and their regional pricing strategies, and examine other methods that patentees may pursue to control downstream sales, as well as offer tips and suggestions for structuring distribution and reseller agreements.

Christopher R. Hilberg & Barbara A. Wrigley

402

Trademark Registration and the First AmendmentIn Matal v. Tam (formerly Lee v. Tam), the Supreme Court unanimously held by a vote of 8-to-0 that Section 2(a) of the Lanham Act prohibiting the registration of trademarks that consist of or comprise matter which may disparage violates the First Amendment of the United States Constitution. Learn about this landmark decision, striking down a 70-year old federal statute, and witness a dynamic discussion as one of Simon Tam’s winning lawyers faces off against the Minnesota lawyer who was the architect of the legal theory behind the challenge to the Washington Redskins trademark registrations over the last quarter-century. The practical and legal implications of the Supreme Court’s decision in Tam will be fully explored.Stephen R. Baird & Joel G. MacMull

403

What In-House Counsel Should Know about PTO Post-Grant Proceedings Brian Jarrells, Senior Intellectual Property Attorney at Entrust Datacard Corporation, and Rachel Hughey, Co-Chair of Merchant & Gould’s Appellate Group, review some of the key cases that have come out of the Federal Circuit in the last year and discuss trends before the Federal Circuit, including ongoing developments with CBMs. They also discuss strategy considerations and what in-house counsel should know about IPRs, CBMs, and PGRs, including selecting outside counsel and working with joint defense groups.

Rachel C. Hughey & Brian L. Jarrells

404

Legal Design for Your Business: Visual Communication Tools to Improve Communication and Productivity IP lawyers are in the business of making complicated things simple, no matter where you practice. This session focuses on everyday uses of legal design principles, ranging from data visualization to IP transactions to writing better emails.Margaret Hagan & Kate S. Razavi

405

How to Improve the Patent Trial and Appeal BoardAttendance for this advanced, small-group discussion is limited to 15, on a “first to arrive at the classroom” basis.

Brad D. Pedersen

2:45 – 3:45 p.m.

BREAKOUT SESSION C

301

Abstract Ideas and Section 101 – Practical Strategies for Presenting Subject Matter Eligibility PositionsA brief summary of new Section 101 case law developments in this area, followed by a panel discussion of practical tips and considerations when dealing with the abstract idea exception.Christopher Hoff & Shane SondrealErin Nichols Matkaiti (moderator)

302

The Extraterritorial Reach of the Lanham ActThe extraterritorial reach of the Lanham Act provides rights holders with a powerful tool for pursuing foreign trademark infringers in U.S. courts. The level of effect on U.S. commerce necessary to confer jurisdiction varies by circuit with some requiring “substantial effects” while others require only “some effects”. The presenters will discuss the split among the circuits and share strategic advice for plaintiffs pursuing claims against foreign infringers.

Heather J. Kliebenstein & Joel G. MacMull

303

Software Copyright Infringement Allegations – Inside the Forensic AnalysisBob Zeidman is considered a pioneer in the field of analyzing software source code. He has worked on and testified as an expert witness in over 190 cases involving billions of dollars in disputed IP – including disputes over alleged copyright infringement of software such as in ConnectU v. Facebook and Oracle v. Google. In this session, Bob will explain the forensic processes used to pinpoint where there might be infringement. He also will identify mistakes that businesses make, both inside and outside the dispute context, that compromise copyright protection for software.

Bob Zeidman

304

Going from Good to Great: Using Legal Design to Create Powerful Courtroom ExhibitsLearn simple design principles that can improve courtroom demonstratives and visual presentations. This is design work that lawyers can (and should) do – no graphics department needed.

Margaret Hagan & Kate S. Razavi

305

Hashtags, Handles and Social Engagement: Marketing in the Digital Age Corporate use of social media presents new legal risks for your clients and their organizations. Big events like the Super Bowl are a tempting social media draw, but can present heightened risks. This session will address issues confronted by marketing professionals in using social media to promote their products and services, including trademark, right of publicity, false association and other issues raised by the use of social media as a marketing tool.

Attendance for this advanced, small-group discussion is limited to 15, on a “first to arrive at the classroom” basis.

Barbara J. Grahn & Sarah A. Lockner

3:45 – 4:00 p.m. BREAK

courtesy of the sponsoring firms

FOOD, FUN AND A CHANCE TO

WIN BIG PRIZES!Register for a chance to win a handcrafted

wooden stand-up paddleboard from Shore Boards in Duluth or one of two

retro-style Coleman coolers.

The prize drawing will take place at the reception on Thursday, September 28,

and you must be present at the reception during the prize drawing to win. Any person may receive an entry form on

Thursday, September 28, at the Institute registration desk until the reception

begins at 5:00 p.m. Registration for the 2017 Midwest IP Institute is not required.

The following individuals are not eligible to win:

employees of Minnesota CLE and the Minnesota State

Bar Association, as well as family members

of those employees.

5:00 – 6:00 p.m.

RECEPTION

7

SESSION DESCRIPTIONS FRIDAY SEPTEMBER 29

502

New Developments in Copyright Law – Secondary Liability, Protected Features of Useful Articles, New Antitrust Guidance, and MoreJoin experienced in-house counsel and private practitioners for an in-depth review of significant copyright developments, including new DOJ/FTC antitrust guidelines related to IP licensing; the Supreme Court’s Star Athletica decision regarding copyright-protected features of a useful article; the new designated agent registration system for DMCA Safe Harbor; the circuit split on what “registration” means for purposes of triggering the statute of limitations; and more.Calvin L. Litsey, Katherine A. Moerke & Paul W. Mussell

503

IP Due Diligence in TransactionsHow do you identify and evaluate transaction-relevant intellectual property rights? This practical overview will help you analyze both traditional and new millennium rights. The session will cover M&A, financing and licensing transactions and discuss how diligence changes depending on the context.

Elizabeth C. Buckingham & Stuart R. Hemphill

504

Strategy Considerations for Patent Procurement Worldwide:  A Panel of International ExpertsModerated by Gary Speier of Carlson Caspers, five practitioners from different parts of the world will provide insight and answer questions directed to issues and concerns with procuring patents in their respective geographies. The topics will range from patent eligible subject matter through post grant oppositions.

Koen Bijvank, Edwin Dai, Catherine Eunkyeong Lee, Daphne Lainson & Dr. Simon PotterGary J. Speier (moderator)

12:15 – 1:15 p.m.

LUNCH (on your own)

1:15 – 2:15 p.m.

BREAKOUT SESSION F

601

After TC Heartland: Venue Considerations for Practitioners In May 2017, the United States Supreme Court dramatically changed the landscape for patent venue in the TC Heartland decision. Join three practitioners from across the country, including Delaware and the Eastern District of Texas, for a panel discussion regarding how district courts are analyzing venue challenges and how TC Heartland has changed the caseloads in their respective jurisdictions.

Susan Morrison, Aaron A. Myers & Michael C. SmithJohn Adkisson (moderator)

8:30 – 9:00 a.m.

CONTINENTAL BREAKFAST

PLENARY SESSION

MAIN PLENARY

9:00 – 9:45 a.m.

U.S. Court of Appeals for the Federal Circuit – Current Developments and Future ChallengesJudge Jimmie V. Reyna

9:45 – 11:00 a.m.

Inside Minnesota IP: Meet the Inventors and EntrepreneursJoin this panel for a fun, behind-the-scenes exploration of three local IP stories. You’ll hear from two entrepreneurs who are breaking new ground in the food and beverage industry. You’ll also meet an inventor who is launching the latest in a series of medical devices designed for pain management.

Hannah Barnstable, Craig J. Lervick, Thomas S. Schroeder & Irene WaldridgeRita Anne O’Keeffe (moderator)

ALTERNATE PLENARY

9:00 – 11:00 a.m.

Inter Partes Review• Part I: Assertion of IPRs to Challenge Patents – Elements of Good Challenges and Bad• Part II: Strategies for Defending a Patent Portfolio in IPRTimothy E. Bianchi & Katharine A. Wolanyk

11:00 – 11:15 a.m. BREAK

11:15 a.m. – 12:15 p.m.

BREAKOUT SESSION E

501

How to Manage Patent Infringement Risk in Product Development Post-HaloIn this session, we will explore best practices for identifying and addressing patent infringement risk as part of the product development process. The Supreme Court’s 2016 Halo decision relaxed the requirements for establishing willful infringement, leaving accused infringers more exposed to possible enhanced damages. This has made managing patent infringement risk an even more important part of product development. We will look at how lower courts have applied Halo and talk through practical strategies for minimizing risk and making informed business decisions.Thomas R. Hipkins

602

A PR Nightmare: When Cease and Desist Letters Go Wrong Nothing makes a trademark lawyer cringe more than when a standard cease and desist letter winds up on social media. Maybe the letter was overly legalistic, maybe the receiver knew how to create public sympathy, or possibly it was just a matter of being on the receiving end of someone else’s sardonic wit. Keith Toms and Karen Brennan discuss what not to do when sending a C&D and best practices for avoiding a social media firestorm.

Karen A. Brennan & Keith Toms

603

Strategy Considerations for Patent Enforcement Worldwide: A Panel of International ExpertsModerated by Sam Lockner of Carlson Caspers, four practitioners from different parts of the world will offer their expertise and answer questions concerning strategic decisions on how to effectively enforce patents and other intellectual property in their respective geographies. The topics will range from pre-suit analysis through potential remedies and appeal.

David Cheng, Richard Ebbink, Kijoong Kang & Hari SubramaniamSamuel T. Lockner (moderator)

604

Gray Area Thinking™ – A Toolset for Interacting with Diverse Humans2-hour session 2.0 elimination of bias credits applied forAll humans habitually categorize and group others who are “different” from “us,” which often lends to black and white thinking, as in “good” versus “bad” or “native” versus “immigrant” and a host of other isolating labels. With this presentation, attorney Ellen (Ellie) Krug offers a toolset – Gray Area Thinking™ – for interacting in a mindful and compassionate way with the diverse humans who are our clients, colleagues, opposing parties and their counsel, and all the other humans we encounter as part of our legal practices.

Ellen (Ellie) Krug

2:15 – 2:30 p.m. BREAK

2:30 – 3:30 p.m.

BREAKOUT SESSION G

Gray Area Thinking™ – continued

701

Design Patents: Best Practices in Light of Recent DevelopmentsIn light of recent developments, it may be time to reexamine traditional beliefs about design patents. This session will identify and analyze the lessons learned from Apple v. Samsung and recent trends in the Federal Circuit, and will suggest some best practice tips including considerations for seeking design patent protection in parallel with utility patents.

Daniel A. Tysver

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FACULTY & PLANNERSVISITING SPEAKER

PLANNER

702

Strategies for Overcoming Descriptive, Geographic and Surname RefusalsSection 2(e) of the Lanham Act provides a number of possible roadblocks to registration of your client’s trademark. Learn what the Examining Attorney’s burden is for maintaining these types of refusals under Section 2(e) and gain valuable strategies for overcoming them.Draeke H. Weseman

703

New Developments in Trade Secrets Law – Including DTSA One Year LaterA review and discussion of critical trade secrets developments over the past year. Session will include discussion of cases applying the Defend Trade Secrets Act – what we have learned and its impact on your trade secrets protection efforts and litigation strategies.

Kerry L. Bundy, Randall E. Kahnke & Bryan K. Phillips

3:30 – 3:45 p.m. BREAK

3:45 – 4:45 p.m.

BREAKOUT SESSION H

801

How To Structure, Manage and Perform Clearance and Freedom-To-Operate ProjectsCompetition demands innovation, but new products, services, and technologies can be especially vulnerable to patent lawsuits. Patents – especially patents of which innovators are unaware – can pose risks that are best identified and mitigated through structured freedom-to-operate projects. We will present systems for managing in-house and outside project resources, gathering technical information, and identifying and mitigating patent infringement risks.

David R. Fairbairn & Erik Wright

802

IP Theft, Data Breaches and Other Crimes on the Dark Web Computer forensics expert Mark Lanterman reveals the ease with which stolen property and data are bought and sold on the Dark Web. How do these sophisticated thieves obtain this property and what do they do with it? Discover what your biggest concerns should be and what you can do to safeguard your company’s and your personal data.

Mark Lanterman

803

Not So Fast…! Ethical Considerations Impacting Patent Licensing Litigation1.0 ethics credit applied forNegotiation of, and litigation, involving patent licenses, poses a number of potential ethical conundrums unique to this area of the law. Learning how to navigate between the Scylla and Charybdis in the heat of a “bet the company” dispute is essential. This presentation will cover the following ethical topics:

• The role of litigation counsel in negotiating and litigating patent licenses;

• The accuracy of representations and warranties bearing on material terms;

• Competitive issues stemming from the scope of the license grant; and

• The ethical implications of big data stemming from the exercise of the license.

Matthew L. Woods

JOHN ADKISSONFish & Richardson, P.C. Minneapolis

STEPHEN R. BAIRDWinthrop & Weinstine, P.A. Minneapolis

HANNAH BARNSTABLESeven Sundays Minneapolis

TIMOTHY E. BIANCHISchwegman Lundberg & Woessner, P.A. Minneapolis

KOEN BIJVANKBrinkhof Amsterdam, Netherlands

JILL L. BOLLETTIERIPost Consumer Brands, LLC Minneapolis

FELICIA J. BOYDBarnes & Thornburg, LLP Minneapolis

KAREN A. BRENNANBest Buy Co. Richfield

ELIZABETH C. BUCKINGHAMDorsey & Whitney LLP Minneapolis

KERRY L. BUNDYFaegre Baker Daniels LLP Minneapolis

MARLA R. BUTLERRobins Kaplan LLP Minneapolis

GENA M. CHAPMANStratasys Eden Prairie

DAVID CHENGGE Cheng & Co Beijing, China

EDWIN DAISpruson & Ferguson Singapore

JENNIFER DEBROWGray Plant Mooty Minneapolis

JOHN A. DRAGSETHFish & Richardson, P.C. Minneapolis

RICHARD EBBINKBrinkhof Amsterdam, Netherlands

DEAN EYLERGray Plant Mooty Minneapolis

AARON R. FAHRENKROGRobins Kaplan LLP Minneapolis

DAVID R. FAIRBAIRNKinney & Lange Minneapolis

BARBARA J. GRAHNFox Rothschild LLP Minneapolis

MARGARET HAGANStanford Law School Stanford, California

LORI J. HEINRICHSBoston Scientific Corporation Arden Hills

STUART R. HEMPHILLDorsey & Whitney LLP Minneapolis

CHRISTOPHER R. HILBERGBest Buy Co. Richfield

THOMAS R. HIPKINSFredrikson & Byron, P.A. Minneapolis

CHRISTOPHER HOFFFish & Richardson, P.C. Minneapolis

RACHEL C. HUGHEY Merchant & Gould, P.C. Minneapolis

EILEEN M. HUNTER3M Office of Legal Affairs Saint Paul

BRIAN L. JARRELLSEntrust Datacard Corp. Shakopee

RANDALL E. KAHNKEFaegre Baker Daniels LLP Minneapolis

KIJOONG KANGBae, Kim & Lee, LLC Seoul, Korea

NATHAN KELLEYUSPTO Alexandria, Virginia

DANIEL J. KELLYVista Outdoor Anoka

TIMOTHY M. KENNYNorton Rose Fulbright Minneapolis

HEATHER J. KLIEBENSTEINMerchant & Gould, P.C. Minneapolis

ALAN M. KOENCKKinney & Lange Minneapolis

PAUL G. KOZIOLWells Fargo Minneapolis

ELLEN (ELLIE) J. KRUGHuman Inspiration Works, LLC Minneapolis

MICHAEL M. LAFEBERBriggs and Morgan, P.A. Minneapolis

ANDREW J. LAGATTAMerchant & Gould, P.C. Minneapolis

DAPHNE LAINSONSmart & Biggar Ottowa, Canada

NANCY M. LAMBERTDonaldson Company, Inc. Minneapolis

MARK LANTERMANComputer Forensic Services Minnetonka

CATHERINE EUNKYEONG LEEBae, Kim & Lee, LLC Seoul, Korea

CRAIG J. LERVICKLarkin, Hoffman, Daly & Lindgren, Ltd. Minneapolis

JOEL D. LEVITONStinson Leonard Street LLP Minneapolis

CALVIN L. LITSEYFaegre Baker Daniels LLP East Palo Alto, California

SAMUEL T. LOCKNERCarlson, Caspers, Vandenburgh, Lindquist & Schuman, P.A. Minneapolis

SARAH A. LOCKNERLand O’ Lakes Arden Hills

ARI B. LUKOFFRobins Kaplan LLP Minneapolis

JOEL G. MACMULL Archer Hackensack, New Jersey

ERIN NICHOLS MATKAITIHollingsworth Davis Minneapolis

TODD MESSAL Boston Scientific Corporation Maple Grove

KATHERINE A. MOERKEStinson Leonard Street LLP Minneapolis

SUSAN MORRISONFish & Richardson, P.C. Wilmington, Delaware

PAUL W. MUSSELLNCS Pearson Bloomington

AARON A. MYERSKutak Rock LLP Minneapolis

TERRANCE C. NEWBYMaslon LLP Minneapolis

RITA ANNE O’KEEFFEAttorney at Law Minneapolis

ROBERT J. PECHMANSeagate Technology Minneapolis

BRAD D. PEDERSENPatterson Thuente Pedersen, P.A. Minneapolis

BRYAN K. PHILLIPSSurModics, Inc. Wayzata

DR. SIMON POTTERSpruson & Ferguson Sydney, Australia

DAVID A. PRANGERobins Kaplan LLP Minneapolis

KATE S. RAZAVIFaegre Baker Daniels LLP Minneapolis

HONORABLE JIMMIE V. REYNAU.S. Court of Appeals for the Federal Circuit Washington, D.C.

RUTH RIVARDStinson Leonard Street LLP Minneapolis

HONORABLE GERARD F. ROGERS Trademark Trial and Appeal Board Alexandria, Virginia

THOMAS S. SCHROEDERFaegre Baker Daniels LLP Minneapolis

RONALD J. SCHUTZRobins Kaplan LLP Minneapolis

DR. CHRISTAL SHEPPARD Midwest Region USPTO Detroit, Michigan

TIMOTHY D. SITZMANNWinthrop & Weinstine, P.A. Minneapolis

MICHAEL C. SMITHSiebman, Burg, Phillips & Smith, LLP Marshall, Texas

SHANE SONDREALMedtronic Minneapolis

GARY J. SPEIERCarlson, Caspers, Vandenburgh, Lindquist & Schuman, P.A. Minneapolis

KRISTOFOR L. STORVICKStarkey Hearing Technologies Eden Prairie

HARI SUBRAMANIAMSubramaniam & Associates New Delhi, India

KEITH TOMSMcCarter and English, LLP Boston, Massachusetts

CHRISTOPHER M. TUROSKIAttorney at Law Saint Paul

DANIEL A. TYSVERBeck Tysver Evans, PLLC Minneapolis

IRENE WALDRIDGEEva Medtec, Inc. Shakopee

KARI WANGENSTEENCarlson Wagonlit Minneapolis

GARRETT WEBERLindquist & Vennum PLLP Minneapolis

DRAEKE H. WESEMANMesserli & Kramer Minneapolis

KATHARINE A. WOLANYKBurford Capital Chicago, Illinois

MATTHEW L. WOODSRobins Kaplan LLP Minneapolis

ELIZABETH COWAN WRIGHTFaegre Baker Daniels LLP Minneapolis

ERIK WRIGHTKinney & Lange Minneapolis

BARBARA A. WRIGLEYFox Rothschild LLP Minneapolis

TRICIA ANN-OLSON ZACHARYOvaile Law Group Minneapolis

BOB ZEIDMAN Zeidman Consulting Cupertino, California

9

SPONSORING FIRMSSPECIAL THANKS TO OUR

WE ALSO THANK OUR TOTE BAG SPONSOR:

10

COURSE INFORMATION

DATE & LOCATION

Thursday & Friday, September 28 & 29, 2017 Minnesota CLE Conference Center600 Nicollet Mall, Suite 370 (Third Floor City Center) Minneapolis, Minnesota

HOTEL ACCOMMODATIONSGo to the Visit Minneapolis website to search for hotels and book your room. The closest hotels to the Minnesota CLE Conference Center are the Minneapolis Marriott City Center and the Radisson Blu Minneapolis. http://www.minneapolis.org/

PARKING SPECIALParking is available in the City Center parking ramp for only $12 per day if you arrive before 8:30 a.m. and leave after 1:00 p.m.

CREDITS – MIDWEST IP INSTITUTEMinnesota CLE is applying to the Minnesota State Board of CLE for 12.75 total CLE credits. This total includes 2.0 elimination of bias credits for session #604 and 1.0 ethics credit for session #803. The maximum number of total credits attendees may claim for this course is 12.75 credits. Minnesota CLE is an accredited sponsor in Wisconsin and North Dakota.

CREDITS – FREE WEBCASTAttendees also may view, for free, the webcast Protecting Digital Property Innovation. Minnesota CLE is applying for 1.0 standard CLE credit for this webcast.

ACCOMMODATIONIf you have a disability and need an accommodation in order to attend, please contact us in advance of the program at Minnesota CLE, 2550 University Avenue West, Suite 160-S, Saint Paul, MN 55114 or call 651-227-8266 or 800-759-8840.

CANCELLATION / NO-SHOW POLICYPaid registrants who cancel their registration at least 3 business days before the program will receive a full credit on their account; if fewer than 3 business days, a $25 administrative fee will be deducted. Paid registrants who do not cancel, yet fail to attend, will receive the electronic version of the course materials. Passholders may purchase the materials at 50% of the full retail price.

NEW LAWYER SCHOLARSHIP PROGRAMIn recognition of the challenges facing lawyers entering the profession, Minnesota CLE has established a scholarship program for unemployed and underemployed lawyers admitted fewer than three years. Those wishing to apply should contact Grant at gdavies@minncle.org or 651-254-2111 for details.

QUESTIONS?Call Minnesota CLE at 651-227-8266 or 800-759-8840, or visit www.minncle.org.

Radisson Blu

Please “” appropriate box:

$695 MSBA member

$695 paralegal

$795 standard rate

I have a Minnesota CLE Season PassSM.

Please “” one:

In-house counsel

Patent attorney

Litigator

Trademark/ Copyright attorney

Business professional

Other

2017 MIDWEST IP INSTITUTESEPTEMBER 28 & 29, 2017 MINNESOTA CLE CONFERENCE CENTER, MINNEAPOLIS

Can’t Attend?You can still get the program materials!

The hardcopy of the 2017 IP Book only is available for $75 (plus tax and handling). Please call Minnesota CLE at 651-227-8266 or 800-759-8840 to place your order. Orders will be filled after the Institute.

The electronic version of the 2017 Institute Manual + the electronic version of the 2017 IP Book is available for $125 (plus tax). This electronic version package may be purchased at www.minncle.org after October 17.

TO PAY BY CREDIT CARD, REGISTER ONLINE OR BY PHONE.

REGISTER TODAY!WWW.MINNCLE.ORG 651-227-8266 • 800-759-8840

1927-18 | tmm | lmp

Check here if address below is new.

Name

Firm

Address

City/State/Zip

Phone

Email

Attorney License No. (if applicable)

Profession, if non-attorney

(first) (mi)

(last)

New Lawyer Discount! I was first admitted to the bar after September 28, 2014, and have deducted

$60 from the registration fee marked above.

Scholarships AvailableMinnesota CLE maintains a scholarship program for those individuals with a financial need. Most scholarships awarded are 50% off the seminar price. To obtain a scholarship application, contact Grant at gdavies@minncle.org or 651-254-2111.

Join the MSBA and pay less for Minnesota CLE seminars!To join the MSBA go to http://msba.mnbar.org/Or for more membership advantages call 1-800-882-6722

Mail To: Minnesota CLE 2550 University Ave. West, Suite 160-S St. Paul, MN 55114

Payment:

Enclosed is a check payable to Minnesota CLE for $ To pay by credit card, please register online or by phone.

11

Midwest IP Institute

SEPT 28 & 29 MPLS

BRINGING

THIS FALL

World-ClassIP Education

TO YOU

NEW CONTENT. TRUSTED INSIGHTS.

Minnesota Continuing Legal Education

2550 UNIVERSITY AVE W #160-S, SAINT PAUL MN 55114

DATED MATERIAL — PLEASE EXPEDITE!

Nonprofit Org.U.S. Postage

P A I DMinnesota Continuing

Legal Education