Patent Disputes Forum
Our 2018 Patent Disputes Forum is a full-day conference, rich in valuable strategic information, which will ensure you are prepared for upcoming developments and challenges in the IP landscape. This conference is for corporate counsel, intellectual property litigators, and those involved in the ever-shifting Patent environment. Delegates will walk away armed with insights concerning key IP issues that impact their clients, companies and careers
About our Chairs
William F. Abrams
Partner, Steptoe & Johnson LLP
Bill Abrams, the managing partner of Steptoe’s San Francisco office, is a seasoned trial and appellate lawyer who is, as reported by Chambers USA, “frankly brilliant at what he does; he finds the fight his client can fight, and performs very well,” as well as a “wizard of the patent bar… a courageous litigator who understands both the broader picture and the social context surrounding issues.” He was named a “California Lawyer of the Year” by California Magazine and a Top 100 Lawyer and Top 75 IP Lawyer by The Daily Journal.
Betty Chen, a Principal in the Silicon Valley of Fish & Richardson, is the firm’s Global Hiring Principal and has an expansive litigation practice that spans all areas of intellectual property litigation. Ms. Chen has successfully tried and managed matters through all phases of litigation in a variety of forums, including federal district courts, state courts, the International Trade Commission, and arbitration. Recently, Ms. Chen was recognized by the Silicon Valley Business Journal as a 2017 “Women of Influence” and distinguished as a “40 Under 40” in 2016. Ms. Chen also won the 2017 “Women Worth Watching in STEM” Award presented by Profiles in Diversity Journal
Michael Headley, the Managing Principal of Fish & Richardson’s Silicon Valley office, is a trial lawyer specializing in complex disputes related to intellectual property across a broad range of technologies. A Stanford alum with start-up experience and more than a dozen jury and bench trials to date, he has tried cases and counseled clients through disputes involving patents, trademarks, trade secrets, copyrights, unfair competition, and other technology-related issues in courts from Delaware to San Francisco to China. When he is not in court, Mr. Headley works with the National Institute for Trial Advocacy (NITA), where he is a faculty member.
Managing partner of the firm’s Silicon Valley office, Kathi Vidal is one of the leading patent litigators in the country. Nationally recognized for trying high-profile, high-stakes, and high-tech patent disputes for the region’s leading companies. In addition to protecting innovative companies through offensive patent actions to preserve their market or through innovative strategies to efficiently resolve defensive patent actions, Kathi advises clients ranging from Fortune 100 companies to start-ups both inside and outside of the courtroom.
Partner, Winston & Strawn LLP
Danielle Williams is a litigation partner in the firm’s Charlotte office. An experienced trial and arbitration attorney, Ms. Williams has handled a wide range of business disputes, including patent infringement, securities fraud, and complex contract matters in a number of federal and state courts. Ms. Williams has extensive experience in handling high-risk, multi-patent, multi-product, and multi-defendant cases in a broad range of technologies, in federal courts across the country. She regularly advises clients regarding various pre-suit patent litigation issues, including indemnity obligations and declaratory judgment options.
About our Panelists
Global Co-Chair of the Intellectual Property Practice, Paul Hastings LLP
Yar R. Chaikovsky is Global Co-Chair of the Intellectual Property practice at Paul Hastings and is based in the firm’s Palo Alto office. He is recognized as one of the top patent trial lawyers in the nation. Law260 recently recognized him as a Technology MVP and as a Trial Pro. The National Law Journal has recognized him as a “Winning Litigator” and for a second time as an “Intellectual Property Trailblazer.” Yar has been recognized by a number of other publications, including Chambers, Benchmark Litigation, The Legal 500, Intellectual Asset Management recommended for both district court and ITC matters, The Daily Journal, and Managing Intellectual Property.
Mark D. Flanagan
Partner in Charge, Palo Alto Office, WilmerHale
Mark Flanagan is the partner-in-charge of the firm’s Palo Alto office, a partner in the firm’s Litigation/Controversy Department, and a member of the Intellectual Property Litigation, International Arbitration, International Litigation, and Investigations and Criminal Litigation Practice Groups. Mr. Flanagan is a seasoned trial attorney with in-depth experience in IP litigation, white collar criminal defense and international arbitration. He represents clients principally in the semiconductor, computer, telecommunications, clean tech and publishing industries in a variety of matters, including patent and copyright infringement, trade secret misappropriation and licensing disputes. His practice spans a variety of jurisdictions and fora, including district and appellate courts throughout the country and arbitration organizations throughout the world. Prior to joining WilmerHale, Mr. Flanagan served as an Assistant United States Attorney in the Central District of California.
District Judge, United States District Court,
Northern District of California
Judge Beth Labson Freeman is a Judge on the Federal Court in the Northern District of California, appointed by President Obama in 2014. Judge Freeman sits in the San Jose Division, hearing a broad array of cases including antitrust, civil rights, consumer class actions, commercial litigation and technology cases including patent, trademark, copyright and trade secret cases. She serves on the Northern District’s patent local rules and jury instruction committees. Judge Freeman previously was a Superior Court Judge in San Mateo County, California from 2001 to 2014. Judge Freeman served as Presiding Judge and Assistant Presiding Judge of the San Mateo Court.
Prior to her appointment to the bench in 2001, Judge Freeman was deputy county
counsel in San Mateo County, and an associate attorney at Lasky, Haas and Cohler in San Francisco and Fried, Frank, Harris, Shriver and Jacobson in Washington, D.C. Judge Freeman is a graduate of the Harvard Law School and University of California, Berkeley
Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Justin Hendrix is a partner in Finnegan, Henderson, Farabow, Garrett & Dunner, LLP’s Palo Alto office. He litigates IP cases that often involve technologies relating to medical devices, semiconductors, telecommunications, and consumer electronics, drawing on insight gained as a law clerk at the Federal Circuit. Much of the technical knowledge Justin has developed in his practice is built on his experience as an engineer in the U.S. Navy’s submarine force.
Principal Mediator, Jeff Kichaven Commercial Mediation
Jeff Kichaven is an independent mediator with a nationwide practice and extensive experience and expertise in IP cases. He has been honored as California Lawyer Attorney of the Year in ADR and has been named to the Daily Journal’s list of California’s Top Neutrals eight times. In 2015, Best Lawyers named him the Best Mediation Lawyer in Los Angeles. He is an Honors Graduate of Harvard Law School (J.D. Cum Laude, 1980) and a Phi Beta Kappa Graduate of the University of California, Berkeley (A.B. Economics, 1977). He is also a member of the American Law Institute and has taught the Master Class for Mediators for his alma mater, Harvard Law. He has served as Chair of the ADR Committee in the ABA Section of IP Law and as Chair of the Entertainment Law and IP Section of the Los Angeles County Bar Association. His views on mediation have been cited in The New York Times and The Wall Street Journal.
Diane Gabl Kratz
Senior Corporate Counsel, Intellectual Property
Diane Gabl Kratz is Senior Intellectual Property Counsel at Seagate Technology’s headquarters in Cupertino, California. A USPTO-registered patent attorney, she manages the patent portfolio for the Consumer Products group, advising on strategy, prosecution, litigation, and IP-related transactions. She also manages Seagate’s global trademark portfolio, leading strategy and handling enforcement of trademark, copyright, and domain name rights. Previously, Diane was in private practice at the Silicon Valley offices of international law firms Morrison & Foerster LLP and Sidley Austin LLP. There, she focused on IP litigation in industries such as semiconductors, software, telecom, consumer electronics, and medical devices.
A four-time Super Lawyers Rising Star, Diane regularly speaks at conferences throughout the West Coast and has been featured as a guest lecturer at Stanford University’s Management Science & Engineering Department and the University of California-Berkeley’s Haas School of Business. She was recently honored to be the keynote speaker for IPfolio’s IPforward Dinner & Discussion series, speaking on “Strategically Insane: When to Ignore Conventional Wisdom to Win IP Litigation”.
Diane received her J.D. from the University of Chicago Law School and graduated early from Cornell University with a bachelor’s degree in Physics.
Fabio Marino is an experienced intellectual property trial lawyer who tries high-stakes patent, trade secrets, and copyright cases across the United States and argues appeals at the Federal Circuit. Prior to becoming an attorney, Fabio earned his bachelor’s and master’s degrees in computer science and worked in the industry as a software architect. He coaches University of California-Berkeley teams in the Giles S. Rich Patent Moot Court Competition. Fabio serves as Vice Chair of the Polsinelli’s Intellectual Property department, chair of the Intellectual Property and Technology Litigation group and Managing Partner of the firm’s Silicon Valley office.
Principal, Charles River Associates
Ms. Schenk’s practice focuses on financial and economic analysis and expert witness testimony in intellectual property litigation matters. She has 15 years of experience spanning a wide variety of industries and including evaluation of lost profit and reasonable royalty damages, commercial success, and irreparable harm. She has testified in deposition and trial, in matters in Federal and State Court. In addition to her experience in intellectual property matters, Ms. Schenk has performed damages assessments for a variety of other types of business disputes, including breach of contract litigation and false marketing. She has also been involved in valuations of privately held businesses, patents and patent portfolios, trademarks, non-competition agreements, and other intangible assets. Ms. Schenk is a Certified Public Accountant, and she is an active members of the American Intellectual Property Law Association (AIPLA) and the Global IP Project.
Sasha Rao is Chair of Maynard Cooper & Gale’s Intellectual Property Practice. A seasoned technology and life sciences lawyer, Sasha advises clients on corporate, transactional, policy and regulatory matters. She is recognized as one of the leading practitioners in the emerging field of autonomy and robotics systems, including autonomous vehicles, drones and UAVs, urban air mobility and connected and artificially intelligent systems. Her legal subject matter expertise includes regulatory, policy, intellectual property, data rights and legal strategy relating to a wide range of industries and technologies.
Sasha’s success and talents in the IP field have earned her recognition by The Best Lawyers in America© in the area of Litigation: Intellectual Property. In 2013, 2014 and again in 2017, The Recorder recognized Sasha as one of the “Women Leaders in Tech Law.” She was also recognized as a “Trailblazer” by the South Asian Bar Association – Northern California (2016); “Top 75 IP Litigator in California” by the Daily Journal (2013); an “IP Star” by Managing IP magazine (2013–2017); one of the “Top 250 Women in IP” by IP Stars (2013–2017); a “Woman of Influence” by the Silicon Valley Business Journal (2013) and as a “Rainmaker” by the MCCA’s Diversity & The Bar magazine (2012).
Mark Selwyn is a partner at WilmerHale in the Litigation/Controversy Department, co-chair of the Intellectual Property Litigation Practice Group and a member of the firm’s Management Committee. He has been recognized for exceptional standing in the legal community in the area of intellectual property in Chambers USA: America’s Leading Lawyers for Business, 2005-2016 editions. Sources say “he is one of the hardest-working practitioners around” and is “top notch.” Major corporations have relied on him to litigate biomedical, electrical, chemical, mechanical, and business method patents involving a diverse array of technologies, including wireless communications, electronic commerce, digital cameras, solid state disk drives, location sensing, biosensors, water and wastewater filtration, integrated circuits and angioplasty catheters. He has represented clients in dozens of patent and other intellectual property cases in federal courts throughout the country and before the International Trade Commission. Mr. Selwyn counts among his clients many of Silicon Valley’s most prominent technology companies.
Darin Snyder is O’Melveny’s Regional Head of Litigation for Northern California. He has thirty years’ experience in intellectual property and technology-intensive litigation. Darin also serves as O’Melveny’s Diversity and Inclusion Partner. The Daily Journal named Darin one of the top 75 IP litigators in California in 2016, 2011, and 2010. The National Law Journal named him among its 2017 “Winning Litigators” for a jury trial win for Google. The Legal 500 has repeatedly acknowledged Darin for his work in IP litigation. And Best Lawyers in America lists Darin in IP Litigation and Patent Law.
Andrew Thomases is chair of the IP Litigation group and co-head of the firm’s Technology, Media & Telecommunications group. He is a nationally-recognized, first-chair trial lawyer with over 20 years of experience litigating complex patent and trade secret cases in federal courts throughout the country, as well as before the International Trade Commission. Andrew has achieved numerous successes for companies in the fields of computer technology, semiconductors, wireless technology, and medical devices, among other areas.
Elizabeth Tse is a Senior Litigation Counsel at HP Inc. She manages HP’s U.S. litigations and government investigations, with focus on intellectual property litigations and disputes. Prior to joining HP in 2012, Elizabeth was in private practice in New York and Silicon Valley, and represented global companies in complex patent litigations. Elizabeth graduated from Albany Law School, and received her undergraduate degree from Rensselaer Polytechnic Institute. While in law school, she was a judicial intern for the Honorable Arthur J. Gajarsa, U.S. Court of Appeals for the Federal Circuit.
Hon. James Ware (Ret.)
Mediator & Arbitrator, JAMS
Hon. James Ware (Ret.) joined JAMS after sixteen years as a civil litigator and twenty-four years as a judge. He served on the Superior Court of California in Santa Clara County before becoming a District Judge in the Northern District of California, the last year and a half of which he served as Chief Judge. Judge Ware brings a wealth of experience derived from his extensive judicial career and as a neutral he has resolved numerous cases involving patent infringement, trademark and copyright disputes, securities fraud, antitrust, contract disputes, employment law, and various business and commercial disputes.
Judge Ware’s acumen for technology, and the high volume of IP cases before his court, have given him unparalleled expertise in this area. For four years, he served as the Chair of the Information Technology Committee for the Ninth Circuit and his decisions while on the bench have helped shape the legal landscape of intellectual property disputes. However, his stellar reputation for quickly grasping and assessing highly complex issues makes him a sought-after neutral in all areas of the law
Having tried 27 federal and state trials over the past 40 years, Mark Wine can charm any jury. A natural storyteller and affable teacher, Mark transforms complicated technology into compelling stories, and faceless corporations into engaging individuals. Given his lifelong passion for technology, Mark is a natural fit for IP litigation. He tries patent, copyright, trademark and trade secret cases for Fortune 500 companies throughout California, as well as international clients in Asia and Europe.
2825 Sand Hill Rd.
Menlo Park, CA 94025
Registration and Breakfast
8:00 am - 8:40 am
Introduction by Co-Chairs
8:40 am - 8:45 am
Where Are We Now and How Did We Get Here?
8:45 am - 9:45 am
A Discussion covering among experts covering timely and important developments/trends/decisions affecting patent litigation.
Betty H. Chen, Principal, Fish & Richardson
Yar R. Chaikovsky, Global Co-Chair of the Intellectual Property Practice, Paul Hastings LLP
Mark Flanagan, Partner-in-Charge, Palo Alto Office, WilmerHale
Fabio E. Marino, Chair of IP Litigation, Polsinelli LLP
Andrew N. Thomases, Partner, Ropes & Gray LLP
The Role of Big Data/Analytics in Patent Litigation
9:45 am - 10:45 am
A new panel will discuss the growing role of artificial intelligence in the patent litigation environment. Corporate legal departments are driving the need, are outside law firms ready to take the wheel?
TBD Steptoe & Johnson LLP
Sasha Rao, Partner, Maynard Cooper & Gale and Interim General Counsel, A3 by Airbus
Mark Selwyn, Partner, WilmerHale
10:45 am - 11:00 am
11:00 am - 12:00 pm
Danielle Williams, Partner, Winston & Strawn LLP
Justin A. Hendrix, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Kim Schenk, Principal, Charles River Associates
Darin Snyder, Partner, O’Melveny & Myers LLP
12:00 pm - 1:15 pm
Mediation of Patent Cases
1:15 pm - 2:15 pm
Michael Headley, Managing Principal, Silicon Valley, Fish & Richardson
Jeff Kichaven, Principal Mediator, Jeff Kichaven Commercial Mediation
Mark LeHocky, Mediator & Arbitrator, Judicate West
Elizabeth Tse, Senior Litigation Counsel, HP Inc.
Hon. James Ware (Ret.), Mediator and Aribitrator, JAMS
Mark P. Wine, Deputy Chair, Global Intellectual Property Business Unit, Orrick
2:15 pm - 2:30 pm
General and Patent Counsel Panel, What Keeps You Up at Night?
2:30 pm - 3:30 pm
Hear what keeps General and in-house Patent Counsel and their staff up at night when it comes to keeping up with changes in Patent Law.
Kathi Vidal, Managing Partner, Silicon Valley, Winston & Strawn LLP
Diane Gabl Kratz, Senior Corporate Counsel, Intellectual Property, Seagate Technology
Patent Trial Best Practices: What Do Judges Really Want?
3:30 pm - 4:30 pm
What do judges (and their clerks) really want from counsel? What their pet peeves and never do that’s, and what makes them happy? Our panel of judges who will show you the do’s and don’ts of patent litigation. The highlight of the day, you will not want to miss this special session!
William F. Abrams, Partner, Steptoe & Johnson LLP
4:30 pm - 5:30 pm