Day 1 – Thursday, October 1, 2020

8:20 – 8:50 a.m.
JOIN ONLINE

8:50 – 9:00 a.m.
WELCOME

9:00 – 9:30 a.m.
KEYNOTE
Innovation in Challenging Times: 3M’s Chief IP Counsel’s Perspective on 2020 and Beyond
Professor Chris Turoski interviews 3M’s Chief IP Counsel, Yen Florczak, about the company’s response to the Covid-19 pandemic, innovation in challenging times, future opportunities for Minnesota companies, and more.
Yen T. Florczak & Christopher M. Turoski

9:30 – 9:35 a.m.
BREAK

9:35 – 10:05 a.m.
IP at the Supreme Court in 2020 – A Story of 7 Cases, Long-Running Battles and Picking Sides
The 2019-2020 Supreme Court Term was another busy year for developments in intellectual property law. In decisions spanning across the intellectual property spectrum, the Supreme Court took up seven cases addressing important issues and proceeded to pick sides in long-running battles.
Felicia J. Boyd

10:05 – 10:15 a.m.
BREAK

10:15 – 11:15 a.m.
BREAKOUT SESSION A

101
2020 Patent Law Year in Review
This presentation picks the cream of the crop from the past year’s Federal Circuit, PTAB, and Supreme Court patent decisions and tells you what they mean in the bigger IP picture. It will also touch on trends that appear to be developing over this past year. Where appropriate, the presenters also discuss where and how you may want to adjust your litigation, prosecution and post-grant practices in light of these decisions and trends.
Timothy E. Bianchi & John A. Dragseth 

102
Ownership of Intellectual Property Rights – How to Safeguard IP Generated by Employees and Contractors
This session will provide an overview of how a company secures its intellectual property, whether through contractor or employment agreements, corporate policies and procedures, acquisition or other means. Discussion will focus on the essential terms and considerations to ensure a company captures and protects its IP, as well as some of the typical issues that employers overlook, but litigation will not.
Terrance C. Newby & Tricia Ann-Olson Zachary

11:15 – 11:25 a.m.
BREAK

11:25 a.m. – 12:25 p.m.
BREAKOUT SESSION B

201
Taking Stock of Patent Venue
In 2017, the Supreme Court’s T.C. Heartland decision dramatically altered the patent venue landscape and led to a flood of predictions on where patent cases would be litigated going forward. Were the predictions accurate? Have any surprises ensued? In this presentation, we review where the patent cases are going, examine some post-T.C. Heartland legal developments, and generally size up what has happened with patent litigation venue in the past few years.
Shannon L. Bjorklund & Aaron A. Myers

202
How to Respond to Claims of Infringement
Defending against a claim of intellectual property infringement requires immediate and long-term steps. Gain insight on how to defend against an accusation of patent, copyright, or trademark infringement, including a discussion of initial steps you should take upon learning of the claim, how to approach and plan for potential litigation, alternative approaches to litigation, and other business considerations.
Eva Mendelsohn, James D. Smith & Amy C. Taber
Felicia J. Boyd (moderator)

12:25 – 1:00 p.m.
LUNCH BREAK

1:00 – 1:45 p.m.
BREAKOUT SESSION C

301
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 principal cases include Romag Fasteners, Booking.com and Forney Industries.
Dean Eyler, Timothy D. Sitzmann & Ann Dunn Wessberg

302
The Ever-Changing Landscape of Section 101: Updates on Alice Challenges, Berkheimer, PTO Guidance and NPE Litigation
In this session, litigators Tom Vitt and Sanjiv Laud survey the ever-changing landscape of Section 101. How do the Federal Circuit and Supreme Court view patent eligibility today? How are district courts dealing with eligibility challenges after the Federal Circuit’s Berkheimer decision, and what effect has that had on NPEs? What’s new at the USPTO? Please join for a wide-ranging discussion of the substance and strategy of patent eligibility in 2020 and beyond.
Sanjiv P. Laud & Thomas J. Vitt

1:45 – 1:55 p.m.
BREAK

1:55 – 2:55 p.m.
BREAKOUT SESSION D

401
Navigating Trademark Nominative Fair Use with a 2020 Focus
The split among the various Circuit Courts of Appeals requires that IP counsel has the latest developments to gracefully navigate trademark nominative fair use issues. Have you believed that permission is always required to use another’s logo? Is nominative fair use part of the likelihood of confusion analysis, or is it an actual affirmative defense? Gain valuable legal insights on this important and open area of trademark law, learning practical tips from a seasoned panel of in-house counsel from diverse industries.
Colette Durst, Stephen C. Lee & Susan A. Perera
Stephen R. Baird (moderator)

402
The Top IP Business Issues Arising from the Pandemic
In this session, we will address COVID-19’s impact on contract provisions and supply chains, strategies for protecting company IP when workers are remote, circumstances that trigger compulsory licensing, responses to economic constraints that shrink IP legal budgets, and actions by the USPTO and government agencies abroad in connection with the pandemic.
Courtney A.H. Thompson & Ryan M. Spanheimer

2:55 – 3:05 p.m.
BREAK

3:05 – 4:05 p.m.
BREAKOUT SESSION E

501
2020 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 copyrightability and sovereign immunity and circuit court decisions on fair use, licensing and damages.
Ruth Rivard & Peter M. Routhier

502
Autonomous Vehicles: Novel Technical and Legal Considerations
Joe Herriges, Phil Goter, and the Senior IP Counsel at PACCAR, Inc. – Roshni Patel – present an overview of the autonomous vehicle market and technology. They will also address legal considerations for companies in this space, including patent prosecution, patent and trade secret litigation, product liability, and the potential issues due to the use of artificial intelligence.
Phillip W. Goter, Joseph A. Herriges & Roshni D. Patel

4:05 – 4:15 p.m.
BREAK

4:15 – 5:00 p.m.
BREAKOUT SESSION F

601
Copyright Enforcement Entities v. The Internet – Today’s Practices and Policy Attitudes and What They Mean for Your Clients
Easy access to and use of photos and images on the internet has given rise to a proliferation of copyright enforcement entities. In this session, with the benefit of diverse perspectives, you’ll learn about the current landscape of copyright policing and enforcement on the internet, including the need for, the practices of, and the policy issues surrounding copyright enforcement entities – and the practical import for your clients. Speakers include: the Associate Register for Copyrights at the U.S. Copyright Office; an author and corporate counsel for Fox Corporation; the CEO of a user-friendly and ethics-focused copyright enforcement service; and an experienced IP litigator.
Michael Masterson, Chris Reed & Catherine R. Rowland
Michael M. Lafeber (moderator)

602
Litigation Funding: Considerations and Strategies
Litigation financing continues to gain momentum as an effective way for companies and individuals to fund commercial litigations. This is certainly true for intellectual property cases where budgets are routinely in the seven-figure range. Two industry experts from GLS Capital join the Midwest IP Institute to detail how they approach litigation funding opportunities, identify considerations that are important to them and their counterparties during the vetting and negotiation phase, and explain strategies to minimize risks and maximize rewards for each litigation. The experts also welcome questions from the audience.
Adam Gill & Jamison (Jamie) Lynch
Samuel T. Lockner (moderator)

5:00 – 5:30 p.m.
RECEPTION
courtesy of the sponsoring firms
Do you feel the need for speed? Join your friends and colleagues for speed networking and a chance to win a speedy electric bike!
Register for a chance to win a Specialized Turbo Como 3.0 Electric Bike! The prize drawing will take place during the virtual reception on Thursday, October 1. Attendees will receive instructions for entering the prize drawing on Thursday morning. Any person may receive entry information on Thursday, October 1, by calling 800-759-8840 until 4:00 p.m. Registration for the 2020 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.

Day 2 – Friday, October 2, 2020

8:30 – 9:00 a.m.
JOIN ONLINE

9:00 – 10:00 a.m.
BREAKOUT SESSION G

701
Putting Down the Shield and Picking Up the Sword: Generating Value from Patents in an Economic Downturn
Right now, in-house counsel have the unprecedented opportunity to drive revenue for their businesses and demonstrate their value to executive leadership and investors alike. Join trial lawyers Aaron R. Fahrenkrog, Alyssa N. Lawson, and Cyrus A. Morton as they demonstrate, with an informative and entertaining presentation, why now is the time to 1) generate value from patent portfolios and 2) take advantage of what has been deemed the best time in the history of the PTAB. Participants will learn why the economic downturn should encourage companies to harvest value from their patent portfolio. Our attorneys will draw on their experience deriving value for clients through licensing, settlements, and verdicts; including one nine-figure settlement that proved vital to a Fortune 500 company in the last recession. Participants will also learn why the PTAB, “a death squad no more,” has never been better for innovative corporations, universities, and individual inventors alike.
Aaron R. Fahrenkrog, Alyssa N. Lawson & Cyrus A. Morton

702
Federal Judges Panel – Practical Insights on IP Litigation in the Age of COVID
A panel of federal judges will reflect on the past six months of COVID-era litigation – and discuss what the future of IP litigation might look like. When it comes to COVID-necessitated practices, what is working and not working? How can litigants best prepare for an upcoming virtual hearing or virtual settlement conference? What might your next IP jury trial look like? And are there new practices might we want to keep using in a post-pandemic world?
Honorable Nina Y. Wang & Honorable Elizabeth Cowan Wright
Kate S. Razavi (moderator)

10:00 – 10:05 a.m.
BREAK

10:05 – 11:05 a.m.
BREAKOUT SESSION H

801
Patents Aren’t Forever: Protecting Your IP for the Long Term
The panel will discuss tactics for creating long term IP protection that takes into account the finite life of patents. The focus will be on using a combination of utility patents (including continuation/divisional practice, protection of incremental improvements, and patent term extensions), design patents, utility models (in certain jurisdictions outside the US), trade secrets/proprietary information, copyrights, trademarks, and IP-like protections, such as test data exclusivity with the US FDA and EPA.
Marc Ehrlich, Ian MacKinnon & George Romanik

802
Cloud-Based and Software Licensing Agreements – Dispelling Common Misconceptions
Two experienced technology lawyers join forces to dispel common misconceptions they encounter when working with clients and other counsel in drafting, negotiating, and implementing cloud-based and software licensing agreements – including a focus on the intellectual property elements. In this practical conversational session, they will identify those myths, reveal the truths, and discuss real-world situations where these important principles come into play.
Katherine A. Donald & Molly T. Eichten

11:05 – 11:15 a.m.
BREAK

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

901
Design Patents: New Developments and Cost-Effective Strategies for IP Protection
We will explore the past, the present, and the future of design patent laws in the U.S. focusing on practical strategies that a business can use to deliver the most cost-effective protection for the business’ innovation and brand. In the past, how have businesses in different sectors traditionally viewed the value of design patents? Has the Apple vs. Samsung series of litigations changed how businesses view or value design patents? In the present, there have been several very recent updates that have enhanced (or at least modified) how businesses might view a design patent’s value. How have these updates changed the business’s view of design patents? In the future, we may see further enhancements in their value if US Senate Bill S.2987, or something similar, becomes law. How do the businesses in different sectors proactively prepare for the potential changes?
Jonathan Jung, Selena Kim, Don Relyea & Ryan Strom
Alex J. Kim (moderator)

902
Elimination of Bias – Navigating and Embracing Generational Differences
1.0 elimination of bias credit applied for
Lawyers work every day with clients, colleagues, and staff of different ages and generations. Each generation has its own distinct perspective on life and work. These differences can be fodder for bias and conflict when generations collide. Understanding generational differences and appreciating the contributions of each generation can go a long way to reducing bias and conflict related to age in multi-generational situations. What’s your generational IQ? Find out in this interactive and informative session exploring generational differences.
Leslie Sinner McEvoy

12:15 – 1:00 p.m.
LUNCH BREAK

1:00 – 2:00 p.m.
10 “Crossover” Practice Tips on Data Privacy and Security Law for Attorneys Advising on IP Matters
Kate Andresen’s expertise includes both IP and data privacy/security law, and in this session she’ll share 10 tips that can benefit every attorney handling IP matters. Those tips will help identify the important questions your clients face at the intersection of your work and data privacy/security. A great session to help you avoid traps for the unaware and better advise your clients!
Katheryn (Kate) A. Andresen

2:00 – 2:05 p.m.
BREAK

2:05 –3:05 p.m.
10 Tips for IP Counsel for Effective Ongoing Contract Maintenance
Help your clients identify and implement effective processes and practices in the ongoing maintenance and review of contracts involving intellectual property – including tracking termination dates, documenting changes/disputes, adding subsequent statements of work/services, and more. An experienced in-house counsel shares 10 important tips!
Gregory C. Brown 

3:05 – 3:10 p.m.
BREAK

3:10 – 4:10 p.m.
Legal Ethics and Professional Responsibility for IP Attorneys – Know When to Say “No”
1.0 ethics credit applied for
Seasoned attorneys Holley Horrell, Rachel Hughey, and Sarah Lockner provide litigation, counseling, and in-house perspectives on legal ethics and professional responsibility. They will talk through some of the common legal ethics situations that attorneys practicing intellectual property law may face – such as conflicts of interest among clients and their representatives – and provide engaging, reasoned discussions of how to handle them.  They will also discuss situations no attorneys should ever find themselves in, like pressure to make misrepresentations in filings, and empower attorneys to know when to say “no.”
Holley C.M. Horrell, Rachel C. Hughey & Sarah A. Lockner

IN-PERSON LIVE PRESENTATION – NO LONGER AVAILABLE
Thursday & Friday, October 1 & 2, 2020
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

LIVE WEBCAST
Thursday & Friday, October 1 & 2, 2020
Attend online

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

$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.

CREDITS – INSTITUTE
Minnesota CLE is applying to the Minnesota State Board of CLE for 12.5 CLE credits including 1.0 ethics credit for the closing plenary on Day 2 and 1.0 elimination of bias credit for breakout session #902. The maximum number of total credits viewers may claim for this program is 12.5 credits, not including the pre-Institute webcast.

CREDITS – PRE-INSTITUTE WEBCAST
Minnesota CLE is applying to the Minnesota State Board of CLE for 1.0 CLE credit for the pre-Institute webcast.

All course materials will be provided electronically and include an electronic version of the 2020 IP Institute Manual and an electronic version of the 2020 IP Book.