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Seminar Brochure Is Co-Sponsored by Intellectual Property Litigation Seminar | May 8–10, 2013

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Seminar Brochure Is Co-Sponsored by Intellectual Property Litigation Seminar | May 8–10, 2013 SEMINAR Intellectual Property Litigation May 8–10, 2013 InterContinental Chicago Magnificent Mile Chicago, Illinois IN-HOUSE AND GOVERNMENT AgENCY SPEAKERS INCLUDING K. Kristann Carey McDonald’s Corporation The Honorable Nora Barry Fischer U.S. District Court for the Western District of Pennsylvania David B. Kelley Ford Global Technologies LLC Stephen A. Litchfield Schneider Electric USA Inc. Markus H. Meier U.S. Federal Trade Commission sing a problem drawn from an actual case, DRI’s Intellectual Property Litigation Seminar will hit the legal Uhigh points of patent infringement, trademark and copyright issues, and protecting trade secrets. Invited speakers include in-house counsel from Ford Global Technologies, DuPont, McDonald’s, and Schneider Electric, as well as the Honorable Nora Barry Fischer of the United States District Court for the Western District of Pennsylvania. Also speaking will be expert consultants and prominent trial attorneys from across the country, who regularly practice and try intellectual property cases. They will discuss such timely topics as the America Invents Act, DuPont’s recent $919 million trade secret verdict, practice before the International Trade Commission, Prometheus and patentability, and insurance issues in settling IP cases. This year’s program sports a new structure—essentially two seminars for the price of one. Simultaneously at the same hotel, business litigation colleagues will be discussing the Class Action Fairness Act, antitrust law, dealer/ franchise law, and consumer protection enforcement. Of course, you are welcome to attend any session of either seminar, but your CLE credits will be offered via your IP Litigation Seminar registration. You will be able to network with speakers and attendees at both seminars with common breaks and social events. Jeffrey D.D yess Program Chair WHAT YOU WILL LEARN Legal trends and practical effects in intellectual property and other substantive business law Michelle L. Alamo Seasoned trial lawyers, consultants, Program Vice Chair and in-house lawyers will demonstrate and discuss trial advocacy skills Practical tips for businesses on how to protect their intellectual property in a global environment Peter E. Strand Committee Chair Challenges and opportunities in the attorney-client relationship Kathleen A. Lang Committee Vice Chair Brooks R. Magratten Law Institute PRESENTED BY DR I’s Commercial Litigation Committee THIS SEmiNAR BROCHURE IS CO-SPONSORED BY Intellectual Property Litigation Seminar | May 8–10, 2013 PROGRAM SCHEDULE PROGRAM SCHEDULE WednesdaY, MAY 8, 2013 This presentation will focus on CFPB agency Boarding Pass Kiosk actions to date, including the impact of settle- ments and litigation. Mr. Adams will also discuss SponsoRed by Habif Arogeti & Wynne LLP the agency’s unique enforcement mechanism, 1:30 p.m. Registration including cooperation with state attorneys gen- 2:45 p.m. SpeCialiZed LitiGatiON eral and independent agency lawsuits. GrOUPS (SLG) R. Scott Adams , Spilman Thomas & Battle PLLC, Winston-Salem, North Carolina INTEllECTUAL PROPERTY SLG 3:50 p.m. SpeCialiZed LitiGatiON The AIA’s First-to-File Provision: GrOUPS (SLG) How Will It Affect Your Practice? This presentation will discuss use of provisional SPORTS LAW SLG applications and continuations-in-part, recent Bracing for the Hit: Liability Concerns caselaw on what constitutes a sufficient written for Sports Equipment Manufacturers description, the one-year grace period afforded Mr. Hanna will examine the NFL class action over an inventor who discloses an invention before concussions brought by NFL players, with par- filing, and more. ticular focus on its implications for sports equip- Wesley D. Few , Ellis Lawhorne & Sims PA, ment manufacturers, along with proactive Columbia, South Carolina policies and best practices to help manufacturers ClAss ACTION SLG avoid liability and minimize the risk of a lawsuit. Joseph M. Hanna , Goldberg Segalla LLP, A Review of Recent Class Action Buffalo, New York Fairness Act (CAFA) Decisions This session will examine the impact of CAFA, BusiNEss TORTS SLG recent decisions concerning proof of CAFA juris- Top Four Things You May Be Inadvertently dictional requirements, exceptions to CAFA Doing That Can Get You into Hot Water jurisdiction, and the upcoming Supreme Court From legal exposure for lawyers due to word- decision on whether plaintiffs can avoid CAFA ing in Fair Debt Collection Act demand letters to jurisdiction by disclaiming damages on behalf civil RICO liability as an aider-and-abettor based of a putative class. on contested corporate ownership issues, these Gregory R. Farkas , Frantz Ward LLP, are some of practice pitfalls that will be dis- Cleveland, Ohio cussed in four 15-minute presentations. W. Jason Rankin , HeplerBroom LLC, Keith A. Call , Snow Christensen & Martineau PC, Edwardsville, Illinois Salt Lake City, Utah ANTITrusT SLG D. Lee Khachaturian , Dickinson Wright PLLC, Detroit, Michigan What Are the Limits on the FTC’s Authority to Challenge Hospital Mergers? David L. Luikart III, Hill Ward Henderson, Tampa, Florida During its 2012 term, the United States Supreme , Boyce Greenfield Pashby Court will hear Phoebe Putney v. Federal Trade Jason R. Sutton & Welk LLP, Sioux Falls, South Dakota Commission. Mr. Burns will examine the origins of the case, the scope of the “State Action Doc- DIVErsiTY SubCOmmiTTEE trine,” and the parties’ arguments before the Notice of Service of Process Under Supreme Court. the Hague Convention James M. Burns , Dickinson Wright PLLC, International service of process can be com- Washington, D.C. plex, time consuming, and surrounded by fatal FINANCIAL INSTITUTIONS AND pitfalls. This session will address international CrEdiTOrs RigHTS SLG service of process issues. Consumer Financial Protection Barbara Viniegra , Concepción Martinez Bureau Enforcement: Investigations, & Bellido, Coral Gables, Florida Settlements, and Litigation 1 Intellectual Property Litigation Seminar | May 8–10, 2013 5:00 p.m. Adjourn 10:15 a.m. Patentability, Prometheus, and Section 5:30 p.m. Women and Minority Networking Reception 101: Where Do We Go from Here? SponsoRed by Shook Hardy & Bacon LLP With the Supreme Court’s recent holding in Mayo Collaborative Services v. Prometheus Laboratories 6:00 p.m. Networking Reception Inc., patent eligibility issues are again at the fore- SponsoRed by Navigant Economics front of patent jurisprudence. Dr. Gould will cover the Bilski-Prometheus line of cases. THUrsdaY, MAY 9, 2013 Robert M. Gould, Ph.D., J.D. , Husch Boarding Pass Kiosk Blackwell LLP, Chicago, Illinois SponsoRed by Habif Arogeti & Wynne LLP 11:10 a.m. Effective Patent Litigation Advocacy: 7:00 a.m. Registration The View from the Bench 7:00 a.m. Continental Breakfast Do patent cases require technically adept litiga- SponsoRed by Smith Moore Leatherwood LLP tors, skilled trial lawyers or both to communi- cate seemingly impenetrable concepts? What is 7:00 a.m. First-Time Attendees Breakfast the trial lawyer’s role? Gain unique insights from PROGRAM SCHEDULE CommeRcial Litigation Committee a district court judge and a former trial lawyer. ChaiR | Peter E. Strand The Honorable Nora Barry Fischer , United 8:00 a.m. Welcome and Introduction States District Court for the Western District Brooks R. Magratten , Pierce Atwood LLP, of Pennsylvania, Pittsburgh, Pennsylvania Providence, Rhode Island 12:00 p.m. Lunch (on your own) Peter E. Strand , Shook Hardy & Bacon LLP, 1:15 p.m. Using Survey Experts in Trademark Cases Washington, D.C. In trademark infringement litigation, parties are , Dickinson Wright PLLC, Michelle L. Alamo often without direct evidence to support their Detroit, Michigan claims or defenses. Because it can provide in- 8:15 a.m. Introduction of Problem and Use of valuable evidence of actual confusion, survey ev- Exhibits Beyond Paper Exhibits idence can make or break a case. Learn what to After years of litigation, Ford Motor Company consider when selecting a survey expert, prepar- was successful in defending patent infringe- ing survey protocol, and implementing a survey. ment claims involving sideview mirrors. Trial Hal Poret , ORC International, New York, New York and in-house counsel who supervised the lit- 2:10 p.m. Injunctions After eBay: The Law igation and their exhibit consultant will offer of Unintended Consequences insight into the trial. The Supreme Court’s decision in eBay, a patent , Ford Global Technologies LLC, David B. Kelley injunction case that rejected the presumption Dearborn, Michigan of irreparable injury on a finding of infringe- Thomas A. Lewry , Brooks Kushman PC, ment, is having repercussions in all areas of the Southfield, Michigan law. Learn about the practical implications of Morris “Moe” O’Shaughnessy , Orange the eBay decision. Dragin Group LLC, Troy, Michigan Laura W. Brill , Kendall Brill & Klieger LLP, 9:10 a.m. The Importance of Early Jury Research in Los Angeles, California Formulating the Defense of the Case 3:05 p.m. Refreshment Break Ford and its trial counsel worked with jury consul- SponsoRed by Whiteford Taylor & Preston LLP tants to formulate strategy and develop themes, then refined those themes as the case pro- 3:20 p.m. Practice in the ITC: Pointers from a Pro gressed. Ford’s lead jury consultant will discuss Learn about Section 337 practice at the U.S. the use of jury consultants throughout a case. International Trade Commission from a nation- Steven D. Sherbel, Ph.D. , Jury and Trial ally recognized attorney with more than 35 Strategy Consultants, Birmingham,
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