Thursday, September 26, 2019

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

8:50 – 9:00 a.m.
WELCOME

9:00 – 10:00 a.m.
2019 Update on New Developments at the USPTO
Andrei Iancu, Director of the U.S. Patent and Trademark Office (USPTO), will provide news and insights from the USPTO, including the latest guidance for subject matter eligibility under 35 U.S.C. § 101, the work of the IPR Precedential Opinion Panel, other changes to post grant proceedings, recent efforts to promote accuracy in the Trademark Register, and his goal of improving predictability in the U.S. patent system. Following Director Iancu’s remarks, Joseph Winkels will moderate a question and answer session.
Andrei Iancu & Joseph W. Winkels

10:00 – 11:00 a.m.
Working at Internet Speed: Perspectives from Amazon’s Senior Trademark Counsel
Amazon is Earth’s Most Customer-Centric Company. Stephen Coates, Senior Trademark Counsel from Amazon, likes to think of trademark law as the Most Customer-Centric Body of Law. Steve will share his experience, including his role as Twitter’s first trademark counsel, and perspective on how he brings that customer focus to his practice at Amazon, and how that shapes the way he solves problems. Steve will also discuss some recent legal trends that are impacting brand owners.
Stephen Jadie Coates

11:00 – 11:15 a.m.
BREAK

11:15 a.m. – 12:15 p.m.
BREAKOUT SESSION A

101
2019’s Top Patent Decisions – What They Mean for Strategy and Tactics
This presentation picks the crème de la crème from the past year’s Federal Circuit and Supreme Court patent decisions, presents them with enlightening audio of oral arguments from the courts, and tells you what they mean in the bigger IP picture. Where appropriate, the presenter will also discuss where and how you may want to adjust your legal practice to best take advantage of the decisions.
John A. Dragseth

102
Effective Trademark Searching Using Open Web Sources
This session will cover basic and advanced trademark searching that will enable you not only to run your own searches, but will help you to evaluate if a proper search was conducted for you. We will cover searching on the USPTO’s Trademark Electronic Search System (TESS), plus coverage of outside sources of information essential to trademarks.
Ron Kaminecki

103
Resolving IP Disputes: Your Range of Options – and Pointers to Get Better Results
Experienced counsel provide practice pointers for most effectively raising, addressing, and resolving IP business disputes – from informal processes, to private mechanisms, to federal or state court litigation. First the session provides a high-level overview of the range of available options – including new possibilities such as Amazon’s new Neutral Patent Evaluation mechanism. Then the presenters will provide practice pointers to enhance your skills in gathering facts about an IP dispute, convening relevant stakeholders, outlining risk factors and decision points for leaders (including which resolution-mechanisms would work best), and working with internal business clients and outside counsel. Whether your client is a big or small company, the challenges, and the ways in which you might better work through them, can be the same.
Katherine A. Moerke & Rita Anne O’Keeffe

12:15 – 12:30 p.m.
LUNCH (boxed lunches provided to all attendees)

12:30 – 1:15 p.m.
SPECIAL LUNCHEON PRESENTATION

How to Deliver Dynamic Presentations Every Time
Stephen R. Hughes

1:15 – 1:30 p.m.
BREAK

1:30 – 2:30 p.m.
BREAKOUT SESSION B

201
PTAB Proceedings – Top Tips to Avoid Tripping Up Before the PTAB
This presentation will distill recent key PTAB decisions into tips for handling matters before the PTAB. Tips will include filing appropriate petitions, pros and cons of claim amendments, discovery issues, serial petitions, managing matters under review with parallel district court trials, and appealing decisions to the Federal Circuit.
Timothy E. Bianchi & Felicia J. Boyd

202
The Year in Trademark Law: Noteworthy Decisions and Their Impact on Your Practice
Three trademark law experts discuss significant trademark decisions from the past year and their practical implications for in-house and outside counsel. This year’s decisions involve analysis of trade dress functionality, likelihood of confusion, jurisdiction over foreign defendants and more.
Stephen Jadie Coates, Carrie A. Hefte & Timothy D. Sitzmann

203
For In-House Attorneys Advising on IP Matters – 20 “Crossover” Practice Tips on Antitrust, Privacy, Bankruptcy, and Advertising Law
Four experts – one each in antitrust, privacy, bankruptcy, and advertising law – answer critical, common questions that you need to understand about how the law of their practice areas intersects with the IP matters you’re handling. A great session to help you avoid traps for the unaware and better advise your clients!
Kerry Childe, James J. Long, Rita Anne O’Keeffe & Amy J. Swedberg

204
Upgrade Your Visual Communication Skills: Practical Ideas and Tools for In-House Lawyers
You know them when you see them – excellent visuals can dramatically improve legal communications. And for in-house lawyers, the opportunities to leverage visual communication tools are everywhere. This practical session provides simple visual communication ideas and tools, which can be applied in all areas of an in-house IP practice.
Mary Baker, Will Barron, Robert Pechman & Kate S. Razavi

2:30 – 2:45 p.m.
BREAK

2:45 – 3:45 p.m.
BREAKOUT SESSION C

301
How Artificial Intelligence Could Transform Patent and IP Law
As the Director of the U.S. Patent and Trademark Office recently stated, “AI is changing the landscape of intellectual property policy, and in doing so, it’s raising real legal, regulatory, ethical, and moral questions for us to grapple with.” This session will explore how artificial intelligence could impact and even transform areas of IP law, including core areas of patent law (such as inventorship and indirect infringement) as well as copyright and trade secret law.
Gena M. Chapman, Nikola L. Datzov & Hiep A. Pham
Timothy E. Grimsrud (moderator)

302
Top Tips on Writing Trademark Cease-and-Desist Letters
Do you want to be more effective and efficient with demand letters and with trademark enforcement strategies? This session will discuss when to write (and not to write) demand letters, what types of letters to send, who should send them, and when to involve intermediaries. It will explain how to match the level of rhetoric with the level of relief sought, identify which claims and evidence to include, and provide real-life examples of what to do (and not to do).
Elizabeth C. Buckingham & Evan Everist

303
Navigating Warranties, Limitations of Liability, and Indemnities: Three Forks in the Same Road
The intersection between warranties, limitations of liability, and indemnities is one of the most contentious, and critical, junctures one faces when negotiating contracts involving IP. These clauses set forth, among other things, which party will bear the burden of third party claims and may limit the extent of such burden. Parties may explore an array of options to reach agreement over the tension created, including for example any combination of: pre-contract due diligence, third party risk assessments, new or heightened insurance obligations, the establishment of recurring governance processes, striking a balance within these three contract provisions themselves, and sometimes deciding that the relationship is not worth crossing the risk threshold posed by the negotiation. In-house and outside counsel in the transactional field are faced with this scenario daily. Listen to our speakers discuss how the three clauses interact, highlight case law in which courts have interpreted the issues presented, and provide some best practices that they recommend undertaking to protect clients’ interests.
Vanessa M. DeCourcy & Mark R. Privratsky

304
Using PowerPoint® and Visual Storytelling to Persuade and Inspire Action
Smart businesspeople know that it’s not enough to have the best argument or the perfect solution – you also need to be able to communicate ideas effectively to a wide array of audiences. This is certainly the case when it comes to PowerPoint presentations. Steve Hughes shows you how to create and deliver winning visual presentations regardless of your design abilities or background. During this interactive workshop you’ll discover how people want to receive information and you’ll see slides transformed from bad-to-great right before your eyes. Best of all, if you follow these proven strategies, future audiences will grasp your material more readily and be more inclined to act on your recommendations.
Stephen R. Hughes

3:45 – 4:00 p.m.
BREAK

4:00 – 5:00 p.m.
BREAKOUT SESSION D

401
Effective Patent Searching Using Open Web Platforms
This session will cover the construction of a patent search strategy using the best available techniques, the use of and distinction between various classification code systems, and the application of the strategy to various search platforms including USPTO, Espacenet, PatentScope and even Google Patents. We will also cover how to evaluate a proper search if you have one conducted for you.
Ron Kaminecki

402
2019 Copyright Law Update
This session will update you on important developments in U.S. copyright law over the past year. Topics include Supreme Court decisions on registration and recovery of costs, as well as decisions relating to copyrightability, liability issues affecting automated websites, indirect infringement, fair use and other issues.
Calvin L. Litsey & Ruth Rivard

403
Someone Like Me Can Do This: Stories of Latino Lawyers and Judges in Minnesota
1.0 elimination of bias credit applied for
Members of the Minnesota Hispanic Bar Association (MHBA) will reflect on their individual journeys to become lawyers and judges in Minnesota. You will learn about the challenges they faced and what motivated them to persevere. You will also hear about their current work and the work of the MHBA, as well as the challenges that remain to increase diversity and inclusion in the legal profession. The presentation will include a screening of the 30-minute documentary film Someone Like Me Can Do This produced by the MHBA.
Ann Anaya, Richard M. Martinez & Judge Ann D. Montgomery
Judge Peter M. Reyes, Jr. (moderator)

404
Unflappable: How to Look Smart When You Have to Think on Your Feet
What if you could be fearless when facing new situations? What if you knew there wasn’t a question in the world you couldn’t answer? What would you attempt if you had boundless confidence? This cutting-edge program explores proven strategies you can use to stay cool under pressure when the stakes are high. Whether you’re dealing with a skeptical supervisor, attending a networking event, or dealing with an angry client, you can improve your ability to think on your feet. Plus, you’ll unlock the secrets to handling objections and leveraging body language to your advantage. Best of all, you’ll leave with practical tips you can apply right away.
Stephen R. Hughes

5:00 – 6:00 p.m.
RECEPTION – courtesy of the sponsoring firms
Food, Fun and a Chance to Win Big Prizes!
Register for a chance to win a Specialized Turbo Como Electric Bike!
The prize drawing will take place at the reception on Thursday, September 26, and you must be present at the reception during the prize drawing to win. Any person may receive an entry form on Thursday, September 26, at the Institute registration desk until the reception begins at 5:00 p.m. Registration for the 2019 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.

Friday, September 27, 2019

8:30 – 9:00 a.m.
CONTINENTAL BREAKFAST

9:00 – 10:15 a.m.
Expert Perspectives on the Rapidly Evolving Cannabis Industry
The business of cannabis – one of the fastest growing industries today – gives rise to numerous intellectual property issues. Some are well known, where well-established legal strategies easily apply, while others involve novel considerations that require new strategies. A panel of intellectual property experts will examine both types of issues, share their approaches, and answer your questions. The panel will address patent prosecution, enforcement and trademark strategies, and identify related issues, including regulatory-related matters.
Jennell C. Bilek, Ph.D., Alison Malsbury & Ricardo J. Moran, Ph.D.
Samuel T. Lockner (moderator)

10:15 – 10:30 a.m.
BREAK

10:30 – 11:30 a.m.
BREAKOUT SESSION E

501
Patent Analytics in 2019: State-of-the-Art Tools and Strategies
The latest data analytics tools offer more functionality than ever. Patent prosecutors are using these tools in new ways, as are litigators and companies looking to identify patents for potential assertion and valuation. The panel will compare the features of current tools, both commercial and proprietary, and will outline how such tools can enhance your patent practice.
Kate Gaudry, Ph.D., Christopher K. Larus & Deb Miedema
Eric J. Snustad (moderator)

502
Internet and Mobile Law Year in Review for IP Attorneys
Repeated at #804
Greenberg Traurig litigator Ian Ballon, author of West’s 5-volume e-Commerce & Internet Law treatise (www.ianballon.net), will discuss the hottest cases, trends and litigation strategies in Internet-related IP/technology litigation, including trends in copyright DMCA, secondary trademark, CDA and other platform and service provider liability issues; insights and strategies concerning online and mobile contract formation; strategies and trends concerning data privacy and cybersecurity litigation; and litigation strategies for winning technology cases in light of circuit splits and a rapidly changing legal environment.
Ian C. Ballon

503
Insider Perspectives on Effective IP Communication Strategies with Business Leaders
This session is specifically designed for intellectual property counsel wanting to be more effective and successful in their communications with business leaders. Knowing your audience and understanding how best to communicate valuable and sometimes difficult information to business leaders is key. That’s why we’ve assembled an incredibly talented and experienced group of in-house intellectual property counsel with very different backgrounds and roles to share their best practices and the secrets to their success. Whether you’re in-house counsel looking to improve your internal communications and effectiveness, or you’re in private practice looking to improve your client communications, this session is for you.
Sharon D. Armstrong, Sarah A. Lockner, Paul W. Mussell & Kirsten K. Stone
Stephen R. Baird (moderator)

504
Lessons from the Top 10 Music Copyright Cases of All Time
From George Harrison to Sam Smith and from Led Zeppelin to Robin Thicke, copyright infringement has been a part of rock and roll for decades. Join Jim Jesse as he counts down the top 10 music copyright infringement cases of all time. You will learn the standards that courts apply when determining infringement and how damages are calculated in these cases.
Jim Jesse

11:30 – 11:45 a.m.
BREAK

11:45 a.m. – 12:45 p.m.
BREAKOUT SESSION F

601
Open Source – Answers to Today’s Most Pressing Questions
A can’t-miss session that tackles – from both the buyer and the provider sides – key open source issues in domestic and multi-jurisdictional business process and sourcing transactions. Learn about the current enforcement climate, what licenses clients are particularly worried about, and what more innovative companies are doing to ensure compliance.
Peter R. George

602
Practice Tips for TTAB Litigation
This session will explore key differences between litigating in the TTAB and in federal district court. We will also cover practice tips for conducting discovery, motion practice, and using an expert effectively in order to help you win your next trademark case in the TTAB.
Dean Eyler & Molly R. Littman

603
Fitting the Pieces Together: Holistic IP Strategy Integrating Trade Secrets, Copyrights and More
Changes in patent Law have affected the value of other kinds of IP protection, particularly trade secrets. In this presentation we will address recent developments in other areas of IP law – including significant trade secrets damages verdicts – and how these different kinds of IP protection integrate to create value.
Tara Falsani, Andrea L. Gothing & Nancy M. Lambert
Sharon E. Roberg-Perez, Ph.D. (moderator)

604
New Developments and Trends in Music Copyright Law
Learn what practitioners need to know about the Music Modernization Act signed into law last year. Plus, a review of music streaming, termination rights, and other new developments in the ever-changing music industry.
Jim Jesse

12:45 – 1:45 p.m.
LUNCH (on your own)

1:45 – 2:45 p.m.
BREAKOUT SESSION G

701
The Section 101 Landscape
An overview of the current state of Section 101 law, including computers, software, medical diagnostics, and life sciences. The speakers will discuss current cases and trajectory of the rulings. They will also address the potential for legislative intervention and proposed measures.
Betsy Flanagan, Phillip W. Goter & Deanna J. Reichel

702
Trademark Specimens – Addressing New Developments and Common Objections
What’s required in terms of trademark specimen submissions; common objections – and how to handle those objections; and new developments.
Paul A. Godfread

703
10 Practices for Improving Outcomes of IP Licensing and Joint Development Agreements
Come review old strategies and learn new ones to smooth out the agreement process from pre-drafting through termination or expiration. Topics include tackling issues with your internal clients and the other side, working through tricky IP provisions including know-how and open source licenses, and ongoing agreement maintenance.
Amy Hoffman & Anneliese S. Mayer

2:45 – 3:00 p.m.
BREAK

3:00 – 4:00 p.m.
BREAKOUT SESSION H

801
Standard Essential Patents and How They Affect You
Much of today’s technological world is driven by standardized technologies and the patents on which such standards are based (“standard essential patents”). This session will address standard essential patents, companies affected by standard essential patents, FRAND/RAND royalties, views of the FTC and DOJ regarding the power of standard essential patent holders, and issues to consider when confronted by a standard essential patent holder.
Clint L. Conner

802
Ethics: Protecting Client Confidences – Common Interest Privilege in IP Matters
1.0 ethics credit applied for
The attorney-client privilege and work product doctrine seem like concepts that every first-year law student should understand. Until things get complicated. This course explores the thorny issue of applying the common-interest doctrine to privileged IP material shared during licensing negotiations, acquisition discussions, and joint-defense litigation.
Sybil L. Dunlop & Jeya Paul

803
Music Copyright Law: Tricks and Traps for the Unwary
Learn what practitioners need to know, and often miss, when it comes to this very specific area of copyright law, including the two copyrights in every song, copyright registration, sound recordings, and music licensing.
Jim Jesse

804
Internet and Mobile Law Year in Review for IP Attorneys
Repeat of #502
Greenberg Traurig litigator Ian Ballon, author of West’s 5-volume e-Commerce & Internet Law treatise (www.ianballon.net), will discuss the hottest cases, trends and litigation strategies in Internet-related IP/technology litigation, including trends in copyright DMCA, secondary trademark, CDA and other platform and service provider liability issues; insights and strategies concerning online and mobile contract formation; strategies and trends concerning data privacy and cybersecurity litigation; and litigation strategies for winning technology cases in light of circuit splits and a rapidly changing legal environment.
Ian C. Ballon

IN-PERSON LIVE PRESENTATION
Thursday & Friday, September 26 & 27, 2019
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

IN-PERSON REPLAYS
There are no in-person replays.

Go 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.

$695 MSBA members / $695 paralegals / $795 standard rate

Other discounts that may apply:

• Season Pass Discount
• New Lawyer Discount

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 12.0 total CLE credits, including 1.0 elimination of bias credit for session #403 and 1.0 ethics credit for session #802. The maximum number of total credits attendees may claim for this course is 12.0 credits. Minnesota CLE is an accredited sponsor in Wisconsin and North Dakota.

Registrants will receive electronic access to the seminar written materials through the Minnesota CLE website a few days prior to the Institute. Log in to your account and go to My Account > Seminar Registrations to view the materials. At the seminar, attendees will receive hard copy materials for the plenary sessions and breakout sessions attended. 

In addition, every attendee also will receive the all-new 2019 edition of The IP Book, filled with concise updates distilling key developments in patent, trademark, copyright and trade secret law.

Can't attend? 

• The hard copy of the 2019 IP Book is available for $75 (plus tax and handling) by calling Minnesota CLE at 651-227-8266 or 800-759-8840. Orders will be filled after the Institute.
• The electronic version of the 2019 IP Book + the electronic version of the 2019 Institute Manual is available for $125 (plus tax). This electronic version package may be purchased at www.minncle.org after October 14, 2019.