2026 Foley Tokyo IP Conference

Building Stronger IP Strategies for the U.S. Market: Practical Guidance for a New Era of Innovation and Enforcement

This program is intended for in-house IP or other legal counsel and key executives within Japanese businesses.

As companies accelerate innovation and expand globally, they face a rapidly changing U.S. intellectual property landscape. Artificial intelligence is creating new questions around inventorship and ownership, trademark owners face heightened scrutiny and enforcement challenges, and courts and agencies continue to reshape the rules governing patent protection, invalidity challenges, and enforcement. At the same time, a strong U.S. IP portfolio remains a critical business asset for companies seeking to protect technology, strengthen brand value, attract investment, and compete effectively in the world’s largest market.

Please join us on Wednesday, October 7, for the 2026 Foley Tokyo IP Conference, a half-day educational seminar for Japanese companies and their in-house legal and business leaders. Through practical guidance and in-depth discussion, attendees will gain insight into the most important legal developments shaping U.S. IP strategy, as well as the risks and emerging opportunities for Japanese businesses operating in or planning to expand into the United States.

This year’s conference will explore advanced patent claim drafting strategies following the U.S. Supreme Court’s Hikma v. Amarin decision, evolving guidance on AI-assisted inventions, recent Federal Circuit and trademark developments, and the latest changes affecting Patent Trial and Appeal Board (PTAB) proceedings and U.S. Patent and Trademark Office (USPTO) practice. We will also provide practical recommendations for preparing for U.S. patent litigation, including proactive risk-management strategies and a live mock deposition demonstration.

There is no cost to attend this upcoming event, but space is limited and advance registration is required. To express interest in attending, please click on the “Register Now” button.

NOTE: Both Japanese and English versions of the presentation materials will be shared with attendees before the program and copies will be available on-site.

Planned Presentation Topics*

Advanced Strategies for Drafting Method-of-Use Claims Following the U.S. Supreme Court’s Hikma v. Amarin Decision

• Overview of the Hikma v. Amarin decision
• Elements required to prove inducement of a method-of-use claim
• Court decision summary and “active steps” requirement
• Key U.S.-Japan differences between method-of-use and product-for-intended-use claims
• Drafting strategies to strengthen method-of-use claims and facilitate proof of inducement

Key Cases: Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.

Recent Developments at the Federal Circuit

• Federal Circuit application of the Alice framework to determine whether claims are directed to an abstract idea, including why generic physical components alone do not confer eligibility, while specific device-level claims survive
• The jury’s role in determining inventive concept under Alice step two
• Application planning and the on-sale bar
• Claim-drafting to survive indefiniteness challenges
• Indefiniteness and means-plus-function language

Key Cases: AGI Suretrack LLC v. Farmers Edge Inc. | US Patent No. 7,679,637 LLC v. Google LLC | Ollnova Technologies Ltd. v. ecobee Technologies ULC | Definitive Holdings v. Powerteq | Enviro Tech Chemical Services, Inc. v. Safe Foods Corp. | Gramm v. Deere & Company

USPTO’s Latest AI-Assisted Invention Guidelines

• Inventorship under U.S. law
• Inventorship guidance for AI-assisted inventions — 2024 Biden Administration vs. 2025 Trump Administration
• What will the courts do?
• Reducing risk when documenting inventor use of AI

Recent U.S. Trademark Decisions Every Global Brand Owner Should Know

• Under the Lanham Act:
  • Parody and strategies for protecting famous brands
  • Protecting celebrity and personal names and related First Amendment considerations
• New Federal Circuit test for color trademarks, protection of product design, and aesthetic functionality limits
• Emerging issues: Admissibility of AI-generated trademark surveys and the evidentiary value of AI-generated marketplace analysis before the Trademark Trial and Appeal Board

Inter Partes Review (IPR) and Ex Parte Reexamination Practice Under USPTO Director Squires’ New Discretionary Denial Regime — and Its Impact on Litigation Strategy

• New discretionary denial framework for IPRs at the Patent Trial and Appeal Board
• Data and trends with IPR filing and institution rates
• Practical strategies for obtaining (or defeating) IPR institution under the current regime
• New application of 325(d) discretionary denial to ex parte reexaminations
• Litigation strategies for anticipated or parallel proceedings

Preparing for U.S. Patent Infringement Litigation

PART 1: Practical Steps for Japanese Manufacturers to Protect Their Businesses and Manage Litigation Effectively

• Why a quick response matters when a U.S. lawsuit is filed
• Steps to reduce exposure before a U.S. lawsuit is filed
• Managing U.S. lawsuits filed against customers and affiliates
• Practical advice for coordinating internal business, technical, and legal teams, including privilege issues

PART 2: Preparing for Depositions and Mock Deposition Exercise

• Preparing for depositions in U.S. litigation
• Mock deposition of a corporate fact witness, including follow-up analysis and tips

*Planned panel topics subject to change

Program Agenda

**Agenda subject to change; all times listed in Japan Standard Time (JST)

Continuing Legal Education (CLE) Credit

For attendees who are licensed to practice law in the United States and seek CLE credit for this program, applications for accreditation will be submitted to Colorado, Florida, New York, and Wisconsin for up to 5.25 credit hours (50-minute hour) and California, Illinois, North Carolina, Texas, Utah, and Virginia for up to 4.5 credit hours (60-minute hour). Credit amounts and types are granted at the discretion of each jurisdiction and are not guaranteed until approved. Uniform Certificates of Attendance will be provided to attendees licensed in other jurisdictions so they may self-apply for CLE credit if their jurisdictions allow.

Foley & Lardner LLP is an approved MCLE provider in California, Colorado, Illinois, New York, Texas, and Utah.

For purposes of New York CLE credit, this program is appropriate for both newly admitted and experienced attorneys. Certificates of attendance will be distributed to eligible participants approximately eight weeks after the program via email.