MINNEAPOLIS
Thursday, September 28, 2023 - Friday, September 29, 2023
9:00 AM - 4:45 PM | Check-In: 8:30 AM
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor, City Center
Minneapolis, MN 55402
LIVE & IN PERSON!
New Developments – Identified, Explained, and Applied to Real-World Scenarios
The Midwest IP Institute is your “one stop” for practical updates on the new laws, new rules, new cases, and current trends that private practice advisors, litigators, and in-house counsel need to know.
Featured Sessions on Artificial Intelligence
Former CAFC Chief Judge Paul R. Michel Headlines an Impressive Faculty Roster
The 2023 Institute features an outstanding faculty committed to providing the best and most practical education for you. The Honorable Paul R. Michel (ret.) kicks off this year’s Institute delivering the opening keynote. The second day, USPTO Supervisory Patent Examiner / Commissioner for Patents Senior Advisor Vanessa Ford gets the program day rolling with important USPTO updates. You’ll hear from senior in-house counsel about the IP-related and other business issues that concern them. These speakers – and the entire faculty – are contributing their diverse insights and perspectives to deliver top-quality education, spotting and analyzing the issues that matter and offering real-world advice and practice tips.
22 Sessions with Cutting Edge and Core Topics – Tailor Your Own Agenda
Here are just some of the many sessions and topics at this year’s Institute –
And Much More – Including 4 Bonus Post-Institute Webcasts!
Can’t attend the live in-person event?
View the online replay Monday & Tuesday, October 30-31, 2023.
Times are CDT.
8:30 – 9:00 a.m.
CHECK-IN
Coffee, Continental Breakfast & Conversation!
9:00 – 9:05 a.m.
WELCOME & ANNOUNCEMENTS
9:05 – 10:00 a.m.
My Thirty-Five-Year Perspective on Intellectual Property, and Where We Stand Now
Through the lens of the thirty-five years of judicial experience of the Honorable Paul R. Michel (ret.), the presentation will offer a discussion of key intellectual property rights and how they have changed – for better or worse – throughout the years, including the challenges of patent, copyright, and trademark law to keep pace with technological advances and an increasingly competitive global innovation marketplace. A portion of the presentation will explore pending patent reform legislation that seeks to maintain and improve the U.S. innovation ecosystem.
– Chief Judge Paul R. Michel (ret.) & Matthew J. Dowd
10:00 – 10:05 a.m.
BREAK
10:05 – 11:00 a.m.
IP 2023 – What Happened, Why It Matters and What’s Next
In this session, Felicia Boyd distills significant changes into topic “buckets” to provide a digestible big-picture look at what’s new. She will also discuss the future implications of today’s new developments – and what other changes tomorrow may bring in the IP space.
– Felicia J. Boyd
11:00 – 11:05 a.m.
BREAK
11:05 – 11:40 a.m.
Hazards, Hype, and Helpfulness – Understanding Generative Artificial Intelligence
The promise and risks in connection with generative AI are overwhelming news cycles. Lawyers and their clients need to quickly gain competence in the area to be able to assess risks in connection with corporate use of generative AI. This session will cover how generative AI was developed and how it works, the leading generative AI solutions, and how businesses are using them. This background will be helpful in understanding large language models, chatbots, prompt engineering, hallucinations, automated decisionmaking, algorithmic transparency, how generative AI systems compare to the human brain, and more.
– Jamie N. Nafziger
11:40 a.m. – 12:15 p.m.
Answers to 5 Big Questions about AI’s Impact on IP
AI is poised to revolutionize the landscape of intellectual property with its ability to create, analyze, and manage content. Through advanced algorithms and machine learning, AI systems can generate original works, raising questions about ownership and copyright. Additionally, AI-powered tools can efficiently search and analyze vast amounts of existing intellectual property, streamlining the process of patent research and infringement detection. In this fast-paced presentation, James Beard tackles 5 of the most pressing questions related to AI’s impact on the practice of intellectual property law.
– James W. Beard
12:15 – 12:30 p.m.
LUNCH (provided to all attendees)
12:30 – 1:15 p.m.
LUNCHTIME FUN & PRIZES!
IP Trivia Contest featuring Trivia Mafia
Test your wits against your colleagues in a fun and challenging game of IP-themed trivia. Team up for a chance to win big prizes!
1:15 – 2:15 p.m.
BREAKOUT SESSION A
001
2023 Patent Law Year in Review – Distilling the Federal Circuit’s Decisions into Action-Oriented Practice Tips
– John A. Dragseth & Nitika Gupta Fiorella
002
How to Register Non-Traditional Trademarks – Colors, Sounds, Holograms and More
– Ann Dunn Wessberg
003
Inputs and Outputs – Mitigating Risk of Generative AI Through Employee Use Policies
– Lisa B. Ellingson & Nadeem W. Schwen
2:15 – 2:30 p.m.
BREAK
2:30 – 3:30 p.m.
BREAKOUT SESSION B
101
101 & Spec Drafting – Preparing Your Patents for a 101 Attack
– James W. Beard, Kendria Pearson & Karam J. Saab
102
2023 Trademark Law Year in Review – A Closer Look at the Rogers Test, the Tacking Doctrine and the Unlawful Use Doctrine
– Laura L. Myers & Timothy D. Sitzmann
103
How to Protect Trade Secrets and Confidential Information in a World Where Noncompetes Have Been Limited
– Megan I. Brennan, Randall E. Kahnke & Anna E. Sallstrom
3:30 – 3:45 p.m.
BREAK – Grab a beverage, chat and turn in your Prize Drawing Entry Form!
3:45 – 4:45 p.m.
BREAKOUT SESSION C
201
European Patent Strategy Now That the New Unified Patent Court Has Opened Its Doors – Key Considerations in Advising Clients
– Arnold Asmussen, Richard Ebbink, Dr. Thure Schubert & Mark van Gardingen
202
Low-Cost Alternatives for Resolving Trademark and Copyright Disputes: How to Use the TMA and the Copyright Small Claims Board
– Joshua J. Burke & Ashley Bennett Ewald
– Tiffany A. Blofield (moderator)
203
We’re All Data Companies Now – How the Corporate Shift from Products and Manufacturing to Data and Services Is Transforming In-House Legal Affairs
– Mahmood Ahmad, Sanjiv P. Laud & Kirby Lee
4:45 – 6:00 p.m.
RECEPTION AT FOGO DE CHAO
courtesy of the sponsoring firms
Food, Fun and a Chance to Win Big Prizes!
Thursday’s reception will take place downstairs from the Conference Center at Fogo de Chao. Fogo Minneapolis is located in the famous Hennepin Theatre District at City Center within walking distance of Target Center, museums, art galleries and hotels.
A Gift Card Extravaganza!
Register for a chance to win 1 of the 5 following $500 gift cards: Fogo de Chao, Minnesota Twins, Delta Airlines, Best Buy, or Juut Salon Spa! 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 and submit an entry form on Thursday, September 28, at the Institute registration desk until the reception begins at 4:45 p.m. Registration for the 2023 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.
8:30 – 9:00 a.m.
Coffee, Continental Breakfast & Conversation!
9:00 – 9:45 a.m.
2023 United States Patent and Trademark Office Update
USPTO Supervisory Patent Examiner / Commissioner for Patents Senior Advisor Vanessa Ford shares an update on the latest developments and new initiatives at the USPTO.
– Vanessa Ford & Tricia Ann-Olson Zachary
9:45 – 9:50 a.m.
BREAK
9:50 – 10:50 a.m.
“What Keeps Me Up at Night”
A Vice President - Legal from CKE Restaurants and General Counsel from Hawkins and PAR Systems reveal the IP-related and other business issues that concern them, what keeps them engaged in their work, and how they like to work with their colleagues and outside counsel.
– Karen A. Brennan, Richard G. Erstad & Dina M. Khaled
– Dean C. Eyler (moderator)
10:50 – 11:00 a.m.
BREAK
11:00 a.m. – 12:00 p.m.
BREAKOUT SESSION D
301
The Enablement Requirement – What Amgen v. Sanofi Means for Patent Application and Litigation Strategy
– Lauren J.F. Barta & Timothy E. Grimsrud
302
2023 Copyright Law Year in Review – Andy Warhol and the Transformation Factor, 2 Infringement Claims Against the Same Song, and Guidance on Works Containing Material Generated by AI
– David D. Axtell & Ruth Rivard
303
How to Evaluate a Trademark Infringement Claim
– Michael M. Lafeber
12:00 – 1:00 p.m.
LUNCH BREAK (on your own)
1:00 – 2:00 p.m.
BREAKOUT SESSION E
401
Patent Value – Identifying Patents Likely to Drive Value in Licensing and Enforcement
– Christopher K. Larus & Rajin Singh Olson
402
Trademark Due Diligence in Transactions
– Julie Nichols Matthews
403
In-House IP Toolkit – 10 Useful Contract Provisions for IP Transactions
– Daniel G. Happe & Mark R. Privratsky
2:00 – 2:15 p.m.
BREAK
2:15 – 3:15 p.m.
Protecting Attorney-Client Privilege in Common Patent Situations
1.0 ethics credit applied for
How can privilege be protected when working through patent freedom to practice situations? How is privilege affected when patent lawyers and non-lawyers communicate for purposes of (a) receiving legal advice on patents, and (b) receiving business advice or some other purpose? The speakers will provide practical tips for managing privilege issues in common patent situations, including reflection on the Supreme Court’s dismissal of In re Grand Jury and a review of existing dual-purpose communication standards.
– Hiep A. Pham, Eric J. Snustad & Adam R. Steinert
As a special bonus, Institute attendees may attend the following webcasts for FREE! A coupon code, along with instructions on how to register for free at www.minncle.org, will be provided at the Institute.
Times are CST.
Tuesday, November 7, 2023
12:00 – 1:00 p.m.
How to Use Design Patents for Competitive Advantage
– James P. Rieke
Thursday, November 9, 2023
12:00 – 1:00 p.m.
A PR Nightmare: When Trademark Cease and Desist Letters Go Wrong
– Keith Toms
Friday, November 17, 2023
12:00 – 1:00 p.m.
Litigation Financing in IP Cases – Industry Insights and New Developments
– Phillip W. Goter, Ryan M. Schultz & Chris A. Seidl
– Samuel T. Lockner (moderator)
Tuesday, November 28, 2023
2:00 – 3:00 p.m.
Demystifying AdTech – How to Stay Compliant with Ever Changing Privacy Laws and Technology Limitations
– Stephen R. Baird & David A. Zetoony
LIVE IN-PERSON
Thursday & Friday, September 28-29, 2023
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota
ONLINE REPLAY
Monday & Tuesday, October 30-31, 2023
Attend online
Online replay includes all plenary and breakout sessions. A moderator will be available to answer questions by email.
$595 MSBA members / $595 paralegals / $495 standard rate
Other discounts that may apply:
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 10.5 CLE credits, including 1.0 ethics credit. The maximum number of total credits attendees may claim for this program is 10.5 credits. Minnesota CLE is an accredited sponsor in Wisconsin and North Dakota.
CREDITS – 4 FREE POST-INSTITUTE WEBCASTS
Minnesota CLE is applying to the Minnesota State Board of CLE for 1.0 standard CLE credit for each post-Institute webcast. These webcasts will be free for all attendees of the 2023 Midwest IP Institute. This free bonus applies to the in-person and online replay attendees for this conference.
