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Utah IP Summit – February 23, 2018 (Hilton Hotel, Salt Lake City) (7 hrs UT CLE, including 1 hr ethics CLE pending)

ELECTRONIC PROGRAM

Hear from these distinguished speakers, and more:

• Judge Kimberly Moore, U.S. Court of Appeals for the Federal Circuit

• Paul Grewal, Vice President and Deputy General Counsel, Facebook

• Scott Boalick, Deputy Chief Judge, Patent Trial and Appeals Board (PTAB)

• John Cabeca, Director of Silicon Valley Regional Patent and Trademark Office

• Plus, panels on: In-House Corporate Counsel; Cybersecurity and the New Age of Digital

Piracy; European and Chinese IP Protection; Section 101; District Court Judges Panel

• Ethics CLE (1 hr pending)

The IP Summit 2018 is sponsored by the Intellectual Property Section of the Utah State Bar

Association. The IP Summit is a full day CLE conference hosted in Salt Lake City, Utah.

Participants attend presentations by leading national IP experts on the hottest topics in patents,

trademarks, trade secrets, and copyright. For outdoor enthusiasts, the conference is immediately

adjacent to the Wasatch Front range of the Rocky Mountains with easy access to six world class

ski resorts.

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Welcome,

The 2018 IP Summit is the premier one-day CLE opportunity for intellectual property

practitioners in the Intermountain West. This annual event is sponsored by the Intellectual

Property Law Section of the Utah State Bar and is traditionally held the last Friday in February

in Salt Lake City. We bring together all major IP stakeholders in Utah, including law firm, in-

house, court, academic, and government attorneys, as well as other legal professionals and

students whose practice regularly involves intellectual property law.

We are pleased to once again offer you one of the most dynamic lineups of speakers and

panelists anywhere in the country. Their practices cover patent, trademark, copyright, trade

secret, litigation, and related disciplines, all at the leading edge of innovation. Our speakers come

from literally around the world and we are grateful for their willingness to share their expertise.

Utah is a dynamic and rapidly-growing State and is regularly named as one of the best places in

the country to do business. With a highly trained and diverse workforce, world-class outdoor and

recreational opportunities, and several leading research universities, Utah is a wonderful place to

grow. We hope you have time to enjoy some of the greatest snow on earth while you are in town.

Utah’s Intellectual Property Section boasts over 600 active members, many of whom have served

in leading roles in national and international organizations devoted to intellectual property and

the law generally. This is remarkable for a State with a population only a fraction of some of our

larger neighbors. Utah is indeed the hidden secret of the West.

This event is only possible because of the generous support of our many volunteers, including an

active CLE Committee and the staff of the Utah State Bar, and the sponsorship of numerous

exceptional law firms and service providers. Please thank them for their contributions.

We welcome you to the IP Summit 2018 and hope you enjoy the program!

Utah State Bar IP Section Executive Committee

Andrew Hufford, Chair

James Watson, Vice Chair

Mike Erickson, Secretary

IP Summit 2018 Organizing Committee

Utah State Bar Representatives

Dickson Burton, President-Elect of Utah State Bar

Michelle Oldroyd, CLE Director

Lexie Goates, Registration

Stephen Seko, Technical Support

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Table of Contents Page(s)

Cover 1

Welcome 2

Table of Contents 3

General Information 5

Agenda 7

Session Descriptions 11-13

Sponsors 14

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General Information

1. Parking. Parking at the Salt Lake City Center Hilton Hotel (underground) is available on a

first-come basis. Validations will be available at the registration desk upon departure.

Additional parking is available in the downtown Salt Lake City area, including at the nearby

convention center, on-street, and City Creek Shopping Center (first 2 hours free). No

validation is available for these locations, however.

2. Registration. Registration will open in the second floor lobby of the Salt Lake City Center

Hilton Hotel at 7:30 am, and will be available throughout the day. Please thank our Utah

State Bar staff (Lexie Goates) and volunteers from the IP Summit 2018 Organizing

Committee.

3. WiFi. The Salt Lake City Center Hilton Hotel is generously providing free wifi service to all

attendees at the IP Summit. Login information is available at the registration desk on arrival

or can be found here:

a. Network:

b. Password:

4. Photos. Photographs will be taken throughout the IP Summit and can be perused after the

event on http://www.ipsummit.org

5. Speaker Bios. Speaker bios and further information can be found at

http://www.ipsummit.org

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7:30 Registration, Hilton Hotel Salt Lake City (Feb. 23, 2018) – 2nd floor

8:00 Breakfast Plenary (Grand Ballroom C)

IP Year in Review and What’s Next, David Todd, Workman Nydegger

Breakfast Generously Sponsored by InFact Experts, LLC

9:00 Introduction to IP Summit 2018 (Grand Ballroom C)

Andrew A. Hufford, Fresenius Medical Care

Chair of the Intellectual Property Section of the Utah State Bar

9:10 Morning Keynote – Judge Kimberly Moore (Grand Ballroom C)

Circuit Judge, U.S. Court of Appeals for the Federal Circuit

10:00 Morning Refreshment Break, Generously Sponsored by Eidi Bailey, LLP

TRACK 1 (Grand Ballroom A) TRACK 2 (Grand Ballroom B)

10:10 A Conversation with the Bench

H. Dickson Burton, TraskBritt

Circuit Judge Kimberly Moore

(U.S. Court of Appeals for Federal Circuit)

Chief Judge David Nuffer (D. Utah)

Judge Robert J. Shelby (D. Utah)

Judge Clark Waddoups (D. Utah)

Securing IP Overseas – Major markets

Joshua Randall, Holland & Hart

European IP Practice After Brexit,

Jennifer Atkinson, Barker Brettell (London, UK)

The China Paradox: New World Leader in IP?

Ningling Wang, Finnegan (Shanghai, China)

11:00 San Diego Comic-Con v. Salt Lake

Comic Con – What’s in a Name?

Dan Farr and Bryan Brandenburg,

Co-Founders, Salt Lake Comic Convention;

Rex Sears and C.J. Veverka,

Maschoff Brennan

Cybersecurity and the New Age of Digital

Piracy: Is your Organization Safe?

Randall S. Wood, Pluralsight LLC

Elaina Maragakis, Ray Quinney & Nebeker

Steve Olsen, FBI

Dean Sapp, Braintrace

12:00 ProBoPat Program and Awards, Jennifer Rothschild (Grand Ballroom C)

12:10 Lunch Keynote – Paul Grewal (Grand Ballroom C)

Vice President and Deputy General Counsel, Facebook “Technology on Trial - Confessions of a Former Federal Judge”

1:00 Afternoon Plenary (Grand Ballroom C)

Navigating the Changing PTAB and Evolving Prosecution Practice

Kevin Laurence, Laurence & Philips IP Law

Scott Boalick, Deputy Chief Judge, U.S. Patent Trial and Appeals Board

Jonathan Stroud, Unified Patents Inc.

Katherine Cappaert, Steptoe & Johnson, LLP

2:00 Afternoon Refreshment Break

TRACK 1 (Grand Ballroom A) TRACK 2 (Grand Ballroom B)

2:10 Statutory Damages in

Copyright Litigation

Andrew Berger, Tannenbaum Helpern

Syracuse & Hirschtritt LLP

Practical Advice and Future Outlook - Section

101 and Patentable Subject Matter

Courtenay C. Brinkerhoff, Foley & Lardner

Ben Jackson, Myriad Genetics

Brandon Roper, Microsoft

Jorge Contreras, University of Utah

3:00 In-House Panel – What Keeps Corporate

Counsel Up at Night?

Mike Erickson, Ray Quinney & Nebeker

David Dutcher, Western Digital

Amber Leavitt, eBay, Inc.

Tim Schade, Lifetime Products

A Day in the Life of a Patent Examiner

John Cabeca, Director, Silicon Valley Regional

U.S. Patent and Trademark Office

Mark Radtke, Assistant Director, Rocky Mountain

Regional U.S. Patent and Trademark Office

Ryan Crockett, Primary Patent Examiner 4:00 Utah State Bar IP Section Law Student Scholarship Awards

4:10 Ethics – Avoiding IP Malpractice and Protecting Your Company’s Valuable IP

Michael McCabe

McCabe Law, LLC; Founder, IP Ethics & Insights blog

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Our Vendor Sponsors Provide Regional and National

Expertise for all Your Legal and Business Needs The IP Section recognizes the generous support of these fine service providers,

whose support has helped to make this event a success.

Breakfast generously sponsored by:

Refreshments generously sponsored by:

Additional generous sponsorship provided by:

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Session Descriptions:

1. Morning Keynote – Judge Kimberly Moore, Circuit Judge, U.S. Court of Appeals for the

Federal Circuit (Fed. Cir.)

a. Judge Moore will discuss her experience with the Federal Circuit court, explore

recent developments impacting IP law, and offer suggestions for more effective

practice before the court.

b. Facilitator: James Watson, TraskBritt, PC (Salt Lake City), Vice Chair IP Section

2. Lunch Keynote – Paul Grewal, Vice President and Deputy General Counsel, Facebook

a. “Technology on Trial - Confessions of a Former Federal Judge”

b. Mr. Grewal will discuss his experience as a federal magistrate judge (N.D. Cal.),

patent and other intellectual property issues related to his role as in-house counsel

with one of the largest tech companies in the world, and the use of technology in the

courtroom.

c. Facilitator: Mike Erickson, Ray Quinney & Nebeker, Secretary IP Section

3. Afternoon Plenary – PTAB Panel – The Changing PTAB: How to Adapt to New

Requirements

a. Review proceedings at the Patent Trial and Appeal Board (PTAB) continue to evolve,

which means that it is critical to know the best practices and how to avoid

pitfalls. The panel will provide updates regarding recent cases from the PTAB and the

Federal Circuit, explore trends, and share their experience from past cases.

b. Moderator: Kevin Laurence, Laurence & Philips IP Law

c. Scott Boalick, Deputy Chief Judge, U.S. Patent Trial and Appeals Board

d. Jonathan Stroud, Unified Patents Inc.

e. Katherine Cappaert, Steptoe & Johnson, LLP

f. Facilitator: Ryan Marshall, Brinks Gilson & Lione (Salt Lake City)

4. IP Year in Review and What’s Next, David Todd, Shareholder, Workman Nydegger

a. Mr. Todd will present the annual and much-anticipated roundup of major IP cases

from 2017 and early 2018, discuss implications for future trends, and answer

questions from the audience.

5. A Conversation with the Bench

a. Moderator: H. Dickson Burton, TraskBritt, PC; President-Elect of Utah State Bar

b. Circuit Judge Kimberly Moore (U.S. Court of Appeals for Federal Circuit)

c. Chief Judge David Nuffer (D. Utah)

d. Judge Robert J. Shelby (D. Utah)

e. Judge Clark Waddoups (D. Utah)

f. This highly-respected panel of litigators and sitting judges from the Federal Circuit

and federal district court in Utah will address best practices before the bench, civility

and professionalism in courtroom practice, effective advocacy, and recent changes

that are influencing how IP cases are handled in the court.

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6. Securing IP Overseas – Major markets

a. Moderator: Joshua Randall, Holland & Hart

b. European IP Practice After Brexit - Jennifer Atkinson, Barker Brettell (London, UK)

c. China Paradox: New World Leader in IP? Ningling Wang, Finnegan (Shanghai, CN)

d. This truly international panel of experts will discuss how to secure and protect

intellectual property in China and Europe, how these practices have evolved with the

incredible growth of China and the recent changes with Brexit, recent case law, and

tips for strategic planning of a global portfolio.

7. San Diego Comic-Con v. Salt Lake Comic Con – What’s in a Name?

a. Dan Farr and Bryan Brandenburg, Co-Founders, Salt Lake Comic Convention

b. Rex Sears and C.J. Veverka, Maschoff Brennan (Salt Lake City)

c. Facilitator: Kris Johnson, Parson Behle & Latimer (Salt Lake City)

d. This panel will discuss the rapid growth and success of one of Utah’s most-

recognized and successful conventions, the recent “Comic-Con” trademark

controversy, and suggestions for strategically managing a trademark portfolio.

8. Cybersecurity and the New Age of Digital Piracy: Is your Organization Safe?

a. Moderator: Randall S. Wood, Pluralsight LLC

b. Elaina Maragakis, Ray Quinney & Nebeker (Salt Lake City, UT)

c. Dean Sapp, Braintrace (Salt Lake City, UT)

d. Steve Olsen, Federal Bureau of Investigation (FBI)

e. Facilitator: Paul Taylor, Ray Quinney & Nebeker (Salt Lake City, UT)

f. This panel will explore the serious, but little-recognized risks of digital piracy of

intellectual property, and how law firms, companies, and government organizations

can more effectively protect themselves.

9. In-House Panel – What Keeps Corporate Counsel Up at Night?

a. Moderator: Mike Erickson, Ray Quinney & Nebeker

b. David Dutcher, Western Digital

c. Amber Leavitt, eBay, Inc.

d. Tim Schade, Lifetime Products

e. This panel, made up of in-house experts from some of the most prominent Utah and

national corporations, will explore life in-house, how it differs from practice in a law

firm and best practices for being more effective in the relationship between the two.

10. Statutory Damages in Copyright Litigation

a. Andrew Berger, Tannenbaum Helpern Syracuse & Hirschtritt LLP

b. Facilitator: Catherine Parrish Lake, Stoel Rives (Salt Lake City, UT)

11. Practical Advice and Future Outlook - Section 101 and Patentable Subject Matter

a. Moderator: Courtenay C. Brinkerhoff, Foley & Lardner

b. Ben Jackson, Myriad Genetics

c. Brandon Roper, Microsoft

d. Jorge Contreras, University of Utah

e. Facilitator: Tyson Wilde, Holland & Hart (Salt Lake City, UT)

f. This expert panel will consider strategies for responding to patent subject matter

eligibility rejections under 35 U.S.C. 101, the impact of recent cases on the ability of

companies to protect innovation, and proposed legislative changes to Section 101.

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12. A Day in the Life of a Patent Examiner

a. John Cabeca, Director, Silicon Valley Regional U.S. Patent and Trademark Office

b. Mark Radtke, Assistant Director, Rocky Mountain Regional U.S. Patent and

Trademark Office

c. Ryan Crockett, Primary Patent Examiner

d. Facilitator: Scott McMillan, Kilpatrick Townsend (Denver, CO)

e. We are honored to have this distinguished panel of representatives from the U.S.

Patent and Trademark Office. The panel will explore life as a patent examiner, what

the job entails and recent changes to the Office, and how to more effectively advance

prosecution from the “outside”.

13. Ethics – Avoiding IP Malpractice and Protecting Your Company’s Valuable IP

a. Michael McCabe, McCabe Law, LLC; Founder, IP Ethics & Insights blog

b. Mr. McCabe will examine recent case law in IP malpractice and ethics, including

matters before the USPTO Office of Enrollment and Discipline, and ways to mitigate

the risk of errors in practice.

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Sponsors

The Utah State Bar IP Section could not put on a successful event without the generous support

of the many law firms that willingly give of their time, talents, and money. These include: