What Does It Mean to Win in IP?

Winning in IP is not limited to litigation, but also includes developing and/or obtaining a “winning” IP portfolio and maximizing the value of that portfolio. In the litigation context, trial lawyers often think of “wins” in terms of jury verdicts. Yet, many companies view a litigation “win” as getting the best possible result, for the lowest overall cost, and with the least amount of inconvenience to the business. Winning also has a strong tie to predictability, both in terms of outcome and in terms of cost. Nor is a winning IP portfolio necessarily the biggest portfolio. Instead, a winning IP portfolio minimizes litigation or business interruption risk by providing the largest freedom to operate space in the most strategic areas, and the most leverage against actual or potential licensees at the lowest overall cost. What is your definition of “winning,” in IP, and how are you doing? This panel will discuss the kinds of wins companies are demanding, particularly in this difficult economic climate, as well as practical strategies for “winning” in these various IP contexts:

• Alternative fee arrangements, and strategies to obtain the best possible result at the least possible cost in litigation
• Building a winning patent portfolio and successfully turning it into an asset with an effective licensing and enforcement program
• Protecting your interests and managing cost while keeping customers or suppliers satisfied in joint defense and/or indemnity situations
• Attacking patents without litigation, including reexamination strategies

Panelists:

• Meir Blonders, Chief IP Counsel, Leviton Manufacturing Co.
• Cynthia Franecki, Vice-Chair, IP Litigation Practice
• Bruce Jackson, IP Counsel, Microsoft Corporation
• C. Edward Polk, IP Litigation Practice
• Matthew Revord, SVP, General Counsel & Secretary, Potbelly Sandwich Works
• J. Bruce Schelkopf, Chief Counsel, Global IP, Cummins Inc.