THE RITZ-CARLTON HALF MOON BAY NOVEMBER 5-6, 2014 Join us as we bring together corporate executives, attorneys, investors and other IP experts to discuss best practices, case examples, challenges and opportunities in valuing, managing, monetizing, structuring and defending intellectual property assets. CONFERENCE PROGRAM WEDNESDAY, NOVEMBER 5, 2014 4:00 – 6:00 p.m. Registration 6:00 – 8:00 p.m. Cocktail Reception THURSDAY, NOVEMBER 6, 2014 8:00 – 9:00 a.m. Registration and Breakfast 9:00 – 9:15 a.m. Conference Opening 9:15 – 10:15 a.m. Keynote Presentation: Judge Paul Michel, Retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit 10:15 – 10:30 a.m. Break 10:30 – 12:00 p.m. Panel Discussion: IP Hot Topics and Controversies 12:00 – 1:00 p.m. Lunch Unique to this conference are three separate tracks with tailored sessions on strategies for optimizing intellectual property in connection with the following disciplines: Track 1 - Valuation and M&A, Track 2 - Tax and Transfer Pricing, Track 3 - IP Licensing, Litigation and Strategy. See track details on the following page. TRACK 1 Valuation and M&A TIME 1:00 – 2:15 p.m. TRACK 2 Tax and Transfer Pricing TRACK 3 IP Licensing, Litigation and Strategy Navigating IP in M&A Transactions International IP Planning and Restructuring Hot Topics in Trade Secrets IP plays a critical role in technology transactions — it can literally be the driving rationale for a merger or be the primary reason a transaction dies. Outside of price, IP issues are commonly the most heavily negotiated topic in any transaction. This panel will discuss the key issues that IP introduces in M&A transactions as well as the best practices for navigating these issues This session will explore recent developments within the OECD including BEPS and inversions, patent box regimes and how multinational companies are structuring and moving their IP across borders. This session will address recent case law and other trends impacting the protection and value of trade secrets. • IP considerations in preparing for a potential transaction • Discussion of typical escrow and indemnification negotiation surrounding IP • Open source issues • Patents and related litigation in M&A Speakers: Speaker: Robert Shwarts, Partner, Orrick, Herrington & Sutcliffe LLP Susan Fickling-Munge, Managing Director, Duff & Phelps, (Moderator) Barton W.S. Bassett, Partner, Morgan, Lewis & Bockius LLP Andrea Payton, International Tax Director Zimmer Holdings, Inc. Tina Ellenberger, Vice President Tax and Treasury, Experian Speakers: Kevin Iudicello, Managing Director, Duff & Phelps (Moderator) Vishal Bhagwati, Group Vice President-Corporate Development, Oracle Kevin Rooney, Partner, Cooley, LLP Robert Sayle, Partner, Thoma Bravo 2:15 – 3:30 p.m. IP Valuation in Early-Stage Businesses Attempting to assess the potential value associated with new, innovative intellectual property can be a challenging – even daunting – task. In this session, we will discuss how to approach the valuation of “young” IP and associated businesses, and how to address the unique IP valuation issues that crop up in this context. This topic will be discussed from a variety of perspectives, including internal R&D investments, capital raising, acquisitions, and in a variety of business environments, such as when the innovative IP is part of a tech startup, a young biotech, a university research program, or a business unit of a large corporation. Speakers: IP Valuation and Transfer Pricing: Bridging the Divide The Legal Environment for IP and its Impact on Business/Licensing This session will explore intangible asset valuation in transactions, including the complicated question of whether valuations done for financial reporting can be used for transfer pricing or tax planning purposes. Valuations for these purposes may have different outcomes but they must tell a consistent story. This session will discuss the impact of legislative and case law changes in the IP space and how these changes impact strategies for monetization of IP. Speakers: Josh Becker, CEO, Lex Machina Nate Levin, Managing Director, Duff & Phelps Kimberly Klein Cauthorn, Senior Director of Insurance Operations, RPX Jill Weise, Managing Director, Duff & Phelps Filippo Rotollo, Economist, Senior Advisor of Intercompany/Transfer Pricing Global Tax, IBM Speakers: David J. Healey, Senior Principal, Fish & Richardson David Fligor, VP, Licensing, Nagra Kudlski Rick Frenkel, Partner, Latham & Watkins Gary Raichart, Director, Duff & Phelps (Moderator) Kathy Ku, Director, Office of Technology Licensing, Stanford University Joshua H. Walker, Counsel, Simpson Thacher & Bartlett LLP 3:30 – 3:45 p.m. Break Break Break TRACK 1 Valuation and M&A TIME 3:45 – 5:00 p.m. TRACK 2 Tax and Transfer Pricing IP Strategy and Value Maximization What’s Your IP Worth? This session will discuss the best practices in aligning corporate and IP strategy to maximize value. Discussion topics will include: This session will identify best practices in supporting and reviewing IP valuations from different perspectives – the government, your shareholders and buyers. Forecasting and discount rate application will also be covered. • What are the common corporate strategies to maximize IP value? • What are the pitfalls, how can we learn from the past? • Current trends in the market that are changing strategic decisions around IP • Who’s doing it well – examples of companies and strategies that are industry leading and why Speakers: Simon Webber, Managing Director, Duff & Phelps (Moderator) Rick Schwartz, Managing Director Duff & Phelps Andrew Kim, Partner Fenwick & West TRACK 3 IP Licensing, Litigation and Strategy Doing Business in China – Practical Tips and Strategies for IP Management, Enforcement and Litigation The panel will be made up of outside and inhouse counsel who will share their experiences of doing business in China with an emphasis on strategies and solutions to address IP issues, including: • The current and future litigation and dispute landscape in China; • Litigation strategies; • Best practices for managing IP in licensing, joint venture and partnering transactions; • Identifying and investigating infringement in China. Speakers: Glen Kernick, Managing Director, Duff & Phelps (Moderator) Moderator: Pauline Booth, Duff & Phelps E. Patrick Ellisen, Shareholder, Greenberg Traurig Speakers: Rich Domingo, Director of Intellectual Property, Nvidia T. Maria Lam, Chief of Staff to the General Counsel, Intel Corporation Alex Zhang, Partner, King & Wood Mallesons Vineeta Gajwani, Senior Counsel of IP, Electronic Arts 5:00 p.m. Farewell Reception Farewell Reception Farewell Reception
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