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Calendar of Events

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LES 2007 Winter Meeting

Managing the Evolving Deal

February 21-23, 2007
Palace Hotel
San Francisco, CA


Meeting Homepage

Speaker Presentations

Speaker Bios


Meeting Committee

Meeting Program:
Schedule-at-a-Glance
Workshops-at-a-Glance
Technology Showcase
Add-on Seminars
Plenary Sessions
Workshops
PDS Workshops
CLE

Additional Events:
Networking Events
Tech Fair
Tours

Sponsors:
Meeting Sponsors
Sponsorship Opportunities

Miscellaneous Info:
Hotel
Weather and Dress

Workshop Sessions

Chemicals, Energy and MaterialsCHEMICALS, ENERGY AND MATERIALS

Thursday, February 22
1:45 p.m. - 3:00 p.m.
1-A The Challenges Facing New Energy Projects - Where are the Deals?
All levels

Financing energy projects deals is not what it used to be. Projects based on conventional technology were bank financed. However, banks can be averse to the new technologies required for new energy supply projects. Energy projects involving clean coal to power, gas and liquids, LNG, and heavy oil refining projects require large amounts of capital. Can these billion dollar plus projects be financed? How can they be structured? What are the likely sources of funds? Is government support required? We will study how energy projects are financed today and what investors want to see before you can close financing.

Moderator: Anthony Venturino, Partner, Stevens Davis Miller Mosher, LLP
Douglas H. Cortez, Managing Director, Hensley Energy Consulting LLC

Consumer ProductsCONSUMER PRODUCTS

Thursday, February 22
3:30 p.m. - 4:45 p.m.
2-A Lose a Daughter or Gain a Son? How, Why and When Consumer Products Powerhouses Extend their Brands by Licensing Out the Brand or Licensing in a Technology
All levels

What’s better than developing an improved invisible ink and selling 10,000 pens in your first year? Licensing the underlying IP to Newell Rubbermaid once and watching Newell Rubbermaid sell 10,000,000 SHARPIE® Permanent Invisible Ink Pens in the second year and pay you a royalty. What’s better than developing a new type of whitening laundry detergent and selling 10,000 boxes in your first year? Licensing the CREST® mark from P&G and watching your sales of "New, Improved Crest® Laundry Detergent" soar to 10,000,000 boxes in your second year (for a modest royalty paid to P&G). But isn’t CREST® a brand of toothpaste? Would Newell Rubbermaid ever sell a permanent INVISIBLE marker under the SHARPIE® brand? Do you understand "increase my sales 1000 times through the power of BRAND" but are a little hazy on the implementation details? This is the workshop for you. Let the BRANDS tell you how to do business with them.

Daniel O’Neill, Associate Director, Intellectual Property Office, University of Cincinnati

Financial MarketsFINANCIAL MARKETS

Friday, February 23
9:45 a.m. - 11:00 a.m.
4-B Royalty Monetization
Advanced

A panel of royalty buyers and sellers will engage participants in an interactive discussion of the benefits, risks (concerns), valuation methods, deal structures and case studies related to royalty monetization. Join panelists representing a research institution, a biotechnology company, venture fund and an investment bank for this insightful discussion.

Moderator: Louis Berneman, Principal, Texelerate
Lionel Leventhal, Partner, Paul Capital Partners
Joseph D. Fondacaro, Director, Intellectual Property and Venture Development, Cincinnati Children’s Hospital Medical Center
John J. Moore, Jr., Managing Director, Morgan Stanley
Guy Van Meter, Director, Corporate Development, Dyax Corp

Friday, February 23
11:30 a.m. - 12:45 p.m.
5-B Risks, Rewards, & Resources: Evaluating the Forces of Change in Licensing Transactions
Intermediate

This workshop will focus on the sources of many of the risks and changes in licensing deals that have occurred over the last ten years. Companies today must evaluate the changed environment and the relative risk when developing relationships with other companies around IP-based transactions (licensing, mergers, spin-outs, etc.). Data and analysis regarding four key factors affecting these changes will be highlighted, and a due diligence checklist will be provided to all workshop participants. Gain ideas on how to uncover hidden risks so that they may be mitigated or eliminated. Learn how to build on the checklist as you approach new parties. This workshop addresses strategic direction, organizational structure, competition, complementary assets, financial strength, ethical positioning, world marketplace, and changes in IP law that may affect your deals. A key focus will be on the four key factors influencing the licensing environment 1) nature of the technology involved in the deal 2) sophistication of parties, methodologies, and tools available in the transactional arena 3) the level of resources available to the licensing profession to leverage in deal-making; and 4) external factors influencing licensing today. Participants will be encouraged to suggest alternative factors affecting the changes in deals that have occurred.

Moderator: Jill Rusk, Director, Navigant Consulting, Inc.
Presenters: Robert Vigil, Vice President, Analysis Group, Inc.
Kara Gorski, Manager, Analysis Group, Inc
Kathleen Kedrowski, Managing Director, Navigant Consulting

Health CareHEALTH CARE

Thursday, February 22
1:45 p.m. - 3:00 p.m.
1-C Deal Killers in Healthcare and Biotech Licensing
All Levels

This workshop will expose the "deal killers" in healthcare and biotech legal and business matters that frequently arise during licensing negotiations. Real life experiences will be explored with an eye to identifying unrealistic expectations. The presentation will cover the principal provisions of the "make or break" contract terms and conditions, the parties’ tactics and behavior, communications skills and key factors leading to a successful arrangement. Strategies for getting what you want, knowing when to stand firm and when to fold will be discussed. Don’t miss this highly interactive session focused on the art and science to successfully avoid "deal killers." Extensive dialogue and active participation are hallmarks of this dynamic session.

Gary Nath, Managing Partner, The Nath Law Group

Thursday, February 22
3:30 p.m. - 4:45 p.m.
2-C Test Drive with an Option to Buy: Strategic Alliances that Lead to Acquisitions
Intermediate/Advanced

Given the inhospitable IPO market, biotechnology companies and their investors increasingly look on M&A as a liquidity event of choice. What are the pros and cons for each party when strategic alliances become a dress rehearsal for possible majority stock ownership—or outright purchase—of the smaller player by the larger? How can one party discreetly position the collaboration to lead toward marriage, when this issue is not on the table? What are the key terms in the collaboration agreement that need careful crafting when possible acquisition of a majority stake in the company, or acquisition of the company itself, is openly discussed? And when the outcome is majority ownership by the larger player, rather than outright purchase, how does each party protect its continuing interests? The panel will include a senior legal officer of Merck, providing the Big Pharma perspective in light of that company’s recent acquisition of its former collaborator Abamaxis; and the general counsel of Idenix, in which Novartis acquired a majority stake after a successful collaboration. Their discussion will be moderated by a corporate lawyer whose transactional practice focuses on M&A and strategic alliances in the life sciences sector.

Douglas Fambrough, Ph.D., Principal, Oxford Bioscience Partners
Eileen Smith Ewing
, Partner; Head, Life Sciences Practice Group, Kirkpatrick & Lockhart Nicholson Graham LLP
George Shiebler, Esq., Vice President and Assistant General Counsel, Merck & Co., Inc.

Friday, February 23
8:15 a.m. - 9:30 a.m.
3-C Creating the Orthopedic Operating Room of the Future: Lessons Learned from a Deal of Distinction
Advanced

Cleveland Clinic and Stryker Corporation formed a strategic alliance for the development of the technology that has led to the orthopaedic operating room of the future. This technology development and commercialization agreement has provided a unique opportunity for research and development, commercialization, new technology assessment and physician education. Under the terms of the ten-year program, Stryker will support Cleveland Clinic in developing, testing and advancing image-guided surgery systems and advanced orthopaedic surgical technologies to improve patient care. As well as, the training and education programs for Cleveland Clinic physicians and physicians from other medical centers in the use of these technologies. Establishing such an alliance required the parties to successfully address a myriad of legal (including intellectual property and licensing), regulatory, compliance, technological, and cultural issues. Two of the primary (non-attorney) champions of the alliance’s formation will provide their insights into the negotiation and development process and to the key challenges that were overcome to create the alliance. The alliance agreement received the 2005 LES Deal of Distinction award for the Industry/University and Government Laboratory Transactions sector.

Mark Bloom, Vice President and Project Consultant, Business Success Strategists
Keric DeChant, Vice President, HealthCare Solutions
Stryker MedSurg Group, Stryker Corporation
Jonathan Schaffer, Managing Director, e-Cleveland Clinic

Friday, February 23
8:15 a.m. - 9:30 a.m.
3-D Flexibility: The Key to Partnering Successfully in a Competitive Licensing Environment
Advanced

Flexibility in licensing agreements is key to many of today’s most successful partnerships in the pharmaceutical industry. Oftentimes, a discussion that begins around licensing a product in one geographic area may change during the course of conversations to include different territories as well as other commercial structures (licensing, copromotion, and so forth). It is critical that companies remain flexible about deal structure and scope of partnership during the licensing negotiation process. This session will explore approaches that have been proven to be effective in establishing flexible agreements that support mutual corporate goals. The workshop will include examples of Eisai’s successful licensing experiences as well as an open discussion about best practices and current licensing trends.

David H. Messner, Senior Director/Team Leader, Business Development, Pfizer Global Pharmaceuticals
Alex Scott, Vice President, Business Development, Eisai Inc.

Friday, February 23
9:45 a.m. – 11:00 a.m.
4-C Securing and Managing a Transforming Deal with Big Pharma: A Case Study
Intermediate

What is a "transforming deal?" How does a small biotech company close a transforming deal with Big Pharma? A transforming deal provides a biotech company with validation and funding, advances programs, allows it to become fullyintegrated through a codevelopment/copromotion option and positions the company for future fundraising. Big Pharma provides transforming terms because the deal fills a pipeline gap or complements an existing program, the target indication or MOA is a strategic priority and/or the deal enables access to a platform or expertise with potential to generate multiple and diverse NCEs.

Finding the deal requires identification of licensing objectives and alignment with a potential partner. Selling the deal requires an understanding of the partner’s corporate structure and key decision makers and the ability to secure champions within R&D and BD/commercial. Closing the deal requires patience, tenacity and thick skin; deal terms that address critical needs and sensitivities of both partners; a willingness to compromise and accept risk; and recognition that value comes in many forms and half a loaf is better than none. Join this interesting discussion of Targacept’s transforming deal with AstraZeneca.

Beth Fordham-Meier, Senior Director, Business Development, Targacept Inc.
John Reid, Director, Global Alliance Management, AstraZeneca Pharmaceuticals, LP

Friday, February 23
11:30 a.m. - 12:45 p.m.
5-C What’s HOT and What’s NOT in LifeScience Technology
Intermediate

Emerging Biomedical Technologies: What’s hot and what’s not hot today…but more importantly, what are the hot biomedical technologies on the horizon for tomorrow? Explosive innovation in medical devices, diagnostics, tissue engineering and genomics means you really need to understand market trends and objective measures to determine where the smartest licensing dollars should be allocated. How do you know what the venture community and corporate investors are going to be interested in tomorrow so you can make the best investments? In this targeted presentation to licensing executives and healthcare executives who want to understand the secrets that lead to the selection of technology for successful commercialization, the following questions will be explored:

  • How much money is being spent by biomedical companies and the venture capital community to license technology?
  • What is driving today’s medical device innovation?
  • What are the current hot technology areas of biomedical technology?
  • More importantly, what are the hot technologies on the horizon for tomorrow?
  • What are the twelve market drivers that determine commercialization success?

Nancy Patterson, Vice President, Alfred E. Mann Foundation for Biomedical Engineering

High TechnologyHIGH TECHNOLOGY

Thursday, February 22
1:45 p.m. - 3:00 p.m.
1-E Analysis of a Licensing Deal: PSI/JHU Gun Shot Digital Imaging System
All Levels

Planning Systems Incorporated (PSI) and Johns Hopkins University Applied Physics Laboratory (JHU/APL) will be discussing the licensing of APL’s patented Gun Shot Digital Imaging System. JHU/APL’s technology detects impulse sounds (gunshots or explosives) and captures these impulse sound source areas on video. Join this case study of a successful licensing deal.

Moderator: Teresa A. Colella, Technology Manager, Johns Hopkins University Applied Physics Laboratory
George A. Orrison IV, Director of Marketing, Security Technologies

Thursday, February 22
3:30 p.m. - 4:45 p.m.
2-E Getting Unbogged—Getting Through the Sticking Points of Licensing with Creative Approaches
Intermediate/Advanced

Learn unique and creative ways to solve the typical points where licensing negotiations get bogged down, as well as unique licensing terms demanded by licensors and how apparent impasses were overcome with creative bargaining. The panel will address, for example, how they have responded when a licensor demanded a grant back of all rights under the licensee’s related technology and how they have structured indemnification agreements that were palatable to all parties.

Bradley Hulbert, Partner, McDonnell Boehnen Hulbert & Berghoff
Bradley Johnsen, Senior Corporate Counsel, Marvell Semiconductor, Inc.
David Meisels, General Counsel, D&M Holdings US, Inc.
William Zahrt, Ishimaru & Zahrt LLP, (formerly Associate General Counsel, Palm, Inc.)

Friday, February 23
8:15 a.m. - 9:30 a.m.
3-E Off-Industry and Non-Core Patent Licensing - Myth, Magic, Mirage or the Holy Grail?
Intermediate

Ever since Kevin Rivette’s "Rembrandts in the Attic" suggested most companies held underutilized or overlooked assets, the intellectual property community has been on a roll to help others find their way to high-yield returns. We’ve all heard about the potential benefits of licensing your patents outside your core industry. Is it a low-risk, high-return strategy or simply all that’s left if your company isn’t supporting a strategy to license or enforce its patents against its competitors? We wondered what the experts who tried have found. How much do companies actually depend upon licensing non-core patents for their returns on patents? Is it sustainable? Is it less risky? How about licensing your core patent assets to industries outside your own? Is that viable? Does it lower the risks of counter-assertions? Is a soft-assertion or carrot approach more successful when licensing core holdings outside your core industry or when licensing non-core patents? To get it straight, we engaged 15 companies in different industries and 10 IP vendors in a reasonably comprehensive survey. Although we cannot disclose all the details, the results allow us to draw some fairly compelling conclusions.

Suzanne Harrison, Director, ICMG/LECG
Gene Potkay, VP Intellectual Property, Avaya Inc.

Friday, February 23
9:45 a.m. - 11:00 a.m.
4-E Open Source Software: Adoption Trends and Implications for the Licensing Community

Over the years, Open Source Software (OSS) has strengthened its influence beyond IT infrastructure functions, and Open Source applications are now increasingly being considered or adopted by large clientsincluding  governments and non-for profit organizations for their everyday tasks. This workshop will illustrate this trend with presentations on successful diffusion of OSS applications and adoption by end-users, and will discuss potential implications of Open Source License Agreements  for the licensing community. The panel will provide the perspective of  Canadian governmental users of Open Source, adding a unique dimension to this workshop.

Michel Mellinger, Business Development Officer, NRC Institute for Information Technology
Nader Mousavi, Partner, Wilmer Cutler, Picking Hale & Dorr
Gwyn Firth Murray, Attorney, Matau Legal Group
Joseph Potvin, Senior Economic Analyst, Enterprise Technology & Application Strategies Institute for Information Technology
Oscar Rosenblooom, Attorney, Axiom Legal
Jason B. Wacha, Vice President Corporate Affairs, General Counsel & Corporate, Monte Vista Software

Friday, February 23
11:30 a.m. - 12:45 p.m.
5-E- Licensing High Tech de facto Standard Technology in Asia
Intermediate

This workshop will include a discussion of various aspects of licensing high tech de facto standard technology in Asia. For example, we will discuss setting up and running an arrangement that shares improvement technology among licensees in an IP pool or improvement cooperative and the many issues and potential pitfalls it involves including antitrust, unfair competition, and indemnification for liability. We will discuss experiences and strategies for dealing with these and other issues, and for providing incentives and inducements to persuade licensees to contribute their technology to the pool or cooperative.

John Paul, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
Stuart P. Kaler, Chief Intellectual Property Counsel,
Clairvoyante, Inc.
Pat O'Reilly, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.

 

LICENSING EXECTUTIVES SOCIETY (USA and CANADA), Inc. WORKSHOP SESSIONS INDUSTRY, UNIVERSITY AND GOVERNMENT LABORATORY TRANSACTIONSLICENSING EXECTUTIVES SOCIETY (USA and CANADA), Inc. WORKSHOP SESSIONS INDUSTRY, UNIVERSITY AND GOVERNMENT LABORATORY TRANSACTIONS

Thursday, February 22
1:45 p.m. - 3:00 p.m.
1-B We Must Increase Our Efficiency!
Advanced

In "The World is Flat," Thomas Friedman says, "Give me more for less" and "all of us want the lowest price possible, with all the middlemen, fat and friction removed." Although licensing negotiations are unique to each deal, licensing professionals have to think about how to make negotiations less time intensive. We have to learn to reach an agreement faster for our clients, companies, and universities because the transaction costs (e.g., time, money and opportunity costs) are becoming very high. Participate in interactive brainstorming among licensing professionals.

Moderator: Katharine Ku, Director of Technology Licensing, Stanford University
Ron Epstein, CEO, Ipotential

Thursday, February 22
3:30 p.m. - 4:45 p.m.
2-B All for One and One for All: Interinstitutional Agreements
Introductory/Intermediate

Can a multi-institutional IP agreement survive arid no-funding zones, massive tech transfer turnovers and passionate inventors? Can this alliance survive multiple licensees? We will present a case-study of a collaboration spanning six years and five universities. Tune in to find out thel issues and challenges associated with the implementation of an inter-institutional agreement and how flexibility and solidarity are the keys to survival. Meet fellow musketeers to learn how license deals have been structured to meet multiple needs and the evolving stage of the technology. Join us to discuss best practices and reveal the battle scars!

Steven T. McMaster, Technology Licensing Manager, Office of Intellectual Property, Mayo Clinic Health Solutions
Karthika Perumal, Assistant Director, University of Texas Medical Branch

Friday, February 23
8:15 a.m. - 9:30 a.m.
3-B "Employee’s Invention;" Does it apply to Japanese Universities?
Intermediate
Concurrent with the settlement of Nakamura v. Nichia, Blue Laser Diode case, Japanese patent law was amended to enhance clarity and transparency of "employee’s invention," giving protection to the employee’s right of reasonable remuneration. It seems that sets of new laws have been working well to some extent in private sectors. Leastwise, there are few disputes in private sectors with respect to the ownership of patents. On the other hand, there are still uncertain issues on the part of universities: their ownership as well as remuneration to professors and researchers. How does patent law work on universities and university professors/ researchers? Do universities vest in patents? Why or why not? What is the difference between private corporations and universities? What is the difference between researchers in private corporations and university professors and researches? How have universities and their partner corporations been treating these issues practically? Does US practice work under the Japanese law? This presentation deals with this inevitable issue under the rapid increase of technology transfer from Japanese universities to private sectors worldwide and explores the better possible practice under the current law, based on the comparison of practices in US and Japan.

Naoki Iguchi, Associate, Attorney, Anderson Mori & Tomostune

LegalLEGAL

Thursday, February 22
1:45 p.m. - 3:00 p.m.
1-D From Bankruptcy to Success through Licensing: A Case Study
Intermediate

Hear an interesting study about a small, bankrupt biotechnology company that employed a licensing strategy to meet its business objectives. Follow the company’s development of an enforcement licensing strategy, its preparation in terms of obtaining required expertise and its execution of at least 6 license agreements, including agreements with large medical device manufacturers. Learn how it overcame obstacles, including limited funds, a pre-existing license agreement that conflicted with its licensing strategy, and challenges of negotiating with much larger companies with substantially more resources. Finally, see how the company addressed various licensing terms and how it leveraged a flexible licensing model to negotiate royalties.

Moderator: Jeff Snell, Principal, CRA International
Steve Jakubowski, Esq., Counsel, The Coleman Law Firm

Thursday, February 22
1:45 p.m. - 3:00 p.m.
1-F Medimmune v. Genentech: Its Effects on Patent Licensing and Suggestions for Agreement Drafting in the Future

On January 9, 2007, the Supreme Court rendered a decision in Medimmune v. Genentech that will have wide-ranging implications for both patent licensees and licensors. The Supreme Court ruled that a licensee is not required to breach or terminate its license agreement in order to bring a challenge to a licensed patent.  This workshop will discuss the ramifications of that decision for both licensees and licensors with respect to existing license agreements.  In addition, the impact on future license negotiations will be addressed and suggestions on how to best draft license agreements in the future will be provided.  Finally, we will examine what questions have been left unanswered by the Supreme Court and the impact of the decision on patent litigation. 

D. Brian Kacedon, Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Thursday, February 22
3:30 p.m. - 4:45 p.m.
2-D Inventorship Disputes in Scientific Collaborations: How They Arise, How to Prevent Them and How to Resolve Them
Intermediate/Advanced

This workshop will look at how inventorship disputes can arise in scientific collaborations, how they can be avoided and the various options for resolving them when they do occur. The stakes of being named—or not named—as a coinventor on an issued patent for an important area of technology have never been higher. The past few years have seen a dramatic increase in inventorship disputes due to the large amount of R&D work being performed by collaborations between different entities. As inter-company, inter-academic, and academic-company collaborations have increased, so have the disputes.

Jorge Goldstein, Partner, Sterne, Kessler, Goldstein & Fox P.L.L.C.

Friday, February 23
9:45 a.m. - 11:00 a.m.
4-D Dealing with 271(f) after Eolas: Strategies on Negotiating with Asian Companies
Intermediate/Advanced

Federal Circuit decisions in Eolas and related cases treat software on a golden master disk as a "component of a patented invention" under 35 USC 271(f). Accordingly, a holder of a U.S. patent covering implementations of software has rights to damages based on U.S. patent claims for activity in connection with the golden master outside of the U.S., without obtaining patent protection outside of the U.S. Such treatment of software on a golden master as a component of a patented invention may also extend to treatment of FPGA code, firmware, computer games, verilog code, CAD/CAM designs, non-software content (e.g., digital movies), technical specifications, blueprints, circuit diagrams, etc. as a "component of a patented invention." Asian companies having R&D operations in the United States and manufacturing operations outside of the United States will find themselves at increased exposure to U.S. patents in general after Eolas. Increased exposure to U.S. patents for activities in Asia, and other legal developments, may alter strategies on negotiating with companies based in Asia. Come to our session and learn how to incorporate this current law and associated negotiating strategies into your practice.

Moderator: Howard Skaist, Managing Attorney, Berkeley Law & Technology Group LLC
David Lubitz, Senior Attorney, Microsoft Corporation

Friday, February 23
11:30 a.m. - 12:45 p.m.
5-D Accelerated Examination of Patent Applications & its Impact on Licensing
Intermediate

Recognizing that time to patent issuance has recently been measured in years rather than months, the U.S. Patent and Trademark Office (USPTO) now offers patent filers an option for "accelerated examination." In brief, this option guarantees that final decisions regarding allowance or denial will be rendered by the USPTO within 12 months of filing. The rules regarding accelerated examination took effect on August 25, 2006. While accelerated examination can provide innovators with the early certainty needed to attract investors or protect inventions against infringers, caution must be exercised as the rules and restrictions for accelerated examination are quite specific and have some potential for loss of rights. In exchange for a quick determination of patentability under accelerated examination, patent applicants must conduct a patent search, provide much greater disclosure upfront, limit the number of claims, and adhere to shortened time periods for responding to most USPTO communications. A panel of patent experts from industry, academia and a law firm will analyze the results for the first six months of accelerated examination and address the impact on patenting and licensing decisions going forward.

Moderator: David Dykeman, Shareholder & Patent Attorney, Greenberg Traurig LLP
George W. Jonas, Intellectual Property Counsel, 3M Innovative Properties Company
Elaine F. White, Associate Director, Technology Licensing, Boston College

LICENSING OFFICE STRUCTURE & MANAGEMENT AND INTELLECTUAL CAPITAL MANAGEMENT

Friday, February 23
8:15 a.m. - 9:30 a.m.
3-A Seven Principles of Exceptional Pharma Licensing Programs: Using Influence to Drive Success
Intermediate

Because business development in the pharmaceutical and medical device industries has become highly competitive, sustained success requires continuous improvement – especially in the engagement of decision-makers and crossfunctional support to define strategy and pursue deals.

This session offers a pragmatic, strategic perspective on the critical success factors for business development, with a particular focus on the role of influence. The session will highlight seven operating principles that separate exceptional business development teams from the rest: generating a steady flow of quality opportunities; maximizing "signal-to-noise" in evaluating opportunities; aggressively separating the wheat from the chaff; recruiting the right people for project teams; making effective use of influence; maintaining discipline in a fast-paced environment; and managing risk intelligently. The reality is that many business development teams regularly violate several of these principles. In particular, internal partnerships are often suboptimal, resulting in missed deals, misused resources, and effort wasted in pursuit of the "living dead" opportunities that never seem to go away.

The speaker will present a diagnostic model for identifying the underlying causes of breakdowns in internal partnering relationships. Then he will provide participants with a systematic approach to engagement along with practical tools to generate active, sustained support.

Jack Nightingale, Consultant, Numerof & Associates, Inc.

Friday, February 23
9:45 a.m. - 11:00 a.m.
4-A Outsourcing of Computer Game Development - Commercial Trends and Contractual Considerations
Intermediate

Outsourcing of various aspects of computer game development is no longer new. However, the level of sophistication in structuring and documenting the outsourcing relationship is more complex than ever in light of next generation game technology, business globalization, industry responses and the interplay of laws from different countries governing important issues including data protection, corporate disclosure requirements and protection of intellectual property contribute to the complexity. Pitfalls can be avoided through careful deal planning and legal drafting. Understanding commercial trends in this evolving sector as well as where risks lie and how to draft effective solutions under current law with an eye toward what the law may likely provide tomorrow is good management of business risk.

Maria Spustek, Partner, Schnader Harrison Segal & Lewis LLP

Friday, February 23
11:30 a.m. - 12:45 p.m.
5-A The Business of Patent Licensing
Intermediate/Advanced

Many patent holders naively think, "I have a great patent, so the world will beat a path to my door." Most of the time, nothing could be further from the truth. As in any other business, to be a successful patent licensor, you must provide (and therefore understand) what licensees actually need. We will cover the different types of licenses that the patentee can offer, the business and legal pros/cons of such licenses and which kinds of licensees would want (or not want) such licenses. With this in mind, one can move away from a one-size-fits-all mentality and begin to craft targeted licensing programs that will actually work.

Joseph Yang, Partner, PatentEsque Law Group, LLP



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