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Viewpoints

The Newsletter of the Licensing Executives Society (U.S.A. and Canada), Inc.

Vol. XXVI No. 1

March 2018

Global Licensing & Tech Transfer Professionals Will Gather At LES International Conference In San Diego: You Need To Be There Too San Diego, CA • April 29 - May 1 • www.lesi2018.org

oin LES members from around the world at the 2018 LES International (LESI) Annual Conference in San Diego. The theme of LESI 2018 is “Strong IP Drives The Bottom Line.” This educational and networking conference will be held Sunday, April 29 to Tuesday, May 1, at the Manchester Grand Hyatt overlooking San Diego Bay. Educational programming will be held both before and after LESI 2018.

“The LESI 2018 Annual Conference is going to be the #1 event of the year for licensing, intellectual property (IP), business development and technology transfer professionals from industry, universities, research Meeting Co-Chairs: institutions, and service Russell Levine and providers.” says meeting Claire Driscoll co-chair and former LES (U.S.A. & Canada) Past-President Russell Levine, “The number of speakers from industry, and the seniority of these speakers, is unprecedented. Plenary, mini-plenary and workshop sessions at which they’ll be speaking will address cutting-edge topics in life sciences, high tech, consumer products, valuation, non-profits, cryptocurrencies and many, many others.” Russell explains, “These substantive

sessions will provide attendees with knowledge, insights and other takeaways that will enhance, and add value to, their day-to-day licensing, IP, business development and tech transfer activities.” He adds, “Networking opportunities will also be unprecedented given the number of speakers and attendees from around the globe. I’m confident that LESI 2018 will raise the bar for licensing, IP, business development and tech transfer conferences worldwide.”

Attendees won’t want to miss Dr. Jennifer Golbeck, Director, Human-Computer Interaction Lab, University of Maryland, delivering her keynote address on Tuesday, May 1. She will speak on “Datashock: Artificial Intelligence, Connectedness, and

Manchester Grand Hyatt

Reading for the Big Data Future.” Some of the questions that she’ll pose and address include: (1) How will Artificial Intelligence(AI) help people make better decisions?; (2) How will it affect or even potentially replace some human tasks altogether?; (3) How could it alter long-standing practices in your industry?; (4) Where do business opportunities lie in leveraging new technological capabilities, and how can organizations prepare for these changes? The key, according to Dr. Golbeck, is to focus on the strategic impact of these technologies.

This conference promises to be relevant to all licensing, IP, business development, and tech transfer executives with expert panels balanced across all major sectors. Discussions LESI2018, continued on Page 3

Networking at past LES Meeting in San Diego.

LES VIEWPOINTS HIGHLIGHTS

Licensing CRISPR Panel discusses challenges. Page 4

LES Standards Initiative Which committee to join? Pages 5

Women In Licensing Breaking through bias explored. Page 8

LESI 2018 Annual Conference Meeting schedule. Pages 16-19

Viewpoints

What Is Intellectual Capital?

BOARD OF DIRECTORS President & Chair Bill Elkington

Chief Executive Officer Kimberly Chotkowski

William Elkington

Past-President & Past-Chair Brian P. O’Shaughnessy President-Elect & Chair-Elect Robert F. Held Secretary Kevin Spivak Treasurer Mike Pellegrino Senior VP Membership, Communications & Technology Ida Shum Senior VP Meetings, Education & Strategic Alliances Gary Fedorochko VP Public Policy & Standards Rachel Kreppel Director International Jim Bratton Director, Local Chapters East Annie Gauthier Director, Local Chapters West Louise Levien Director, Membership & Member Engagement Annemarie Meike Director, Communications & Publications Gillian Fenton Director Education: Matthew McNeill Director Meetings: Scott Williams Counsel: Paul A. Roberts

Membership inquiries and contact changes should be sent to: membership@les.org

Editorial inquiries and contributions should be addressed to: Editor Carla J. Blackman carla@designinterface.com or Editorial Director Gillian Fenton The quarterly newsletter is published by Licensing Executives Society (U.S.A. and Canada), Inc. and is available online at www.lesusacanada.org. Views expressed in articles are solely those of the respective authors.

President & Chair of the Board, LES (U.S.A. and Canada)

used the term “intellectual capital” in a short speech at the annual meeting last October, and I called all of us in LES “intellectual capital management professionals.” But I wasn’t clear about what the term might mean (or what I might mean in my usage of the term), and I wasn’t clear why I was using the locution “intellectual capital” (IC) rather than “intellectual property” (IP). Please allow me to explain.

Some people are quite specific when they use the term “IP.” These people refer only to intellectual matters that are protected or protectable under the four bodies of IP law: patents, trademarks, copyrights, and trade secrets. Others think that the term “IP” refers or can refer to a much larger universe, to include proprietary information, software, know-how, business policies and processes, relationships with customers and suppliers, brands, unique skills and knowledge, etc., as well as the intellectual matters that are protected by the four bodies of IP law. My personal experience is that in the context of license agreements, people often want to define “IP” in the broader rather than the narrower sense because there is a whole lot of “i-stuff”¹ that has significant value but that may or may not be protectable under the four bodies of IP law. In other words, what pushes people toward the broader understanding of what IP may be is its perceived value and the similar seemingly ephemeral nature of all “i-stuff”—ephemeral in terms of its ontology. (Now that I’ve uttered the o-word, perhaps you are wondering if this little essay is big enough to handle a philosophical discussion of intellectual capital and intellectual property. Let me assure you, we will only edge our way around the philosophical issues here.)

This intuition that there is a great deal of “i-stuff” that may instantiate a great deal of value and may not be protectable under IP law inspires the use of a broader term so that we may all be clear. Yes, intellectual matters protectable by IP law can be extraordinarily valuable, but try basing a major operating company and its future success on this “i-stuff” alone. Good luck.

No, much more “i-stuff” is needed for this purpose, and to represent the full basket of goods, so to say, I suggest the term “intellectual capital.” I like the term for one reason. It seems to admit that the essential nature of all the “i-stuff” of interest is in its capital-like nature—its nature as an asset created by investment. This is a departure from the emphasis given “i-stuff” by the term “intellectual property,” which emphasizes the private property nature and legal status of the items in question. Yes, some “i-stuff” does have the characteristic of being private property and legally protectable under certain bodies of law but, in business, its value is of paramount interest, not the legal theory of its existence.

This distinction motivates me to observe that many people in many industries today think that “-i-stuff” is the unique purview and provenance of lawyers. Perhaps this is so because of the emphasis on the four bodies of IP law as the locus of value in a company’s “i-stuff” store. This notion of the unique lawyers’ role may also come about because many people may often have little visibility into the dollar value of their “i-stuff.” Finally, without an academic discipline in the management of “i-stuff,” it may be difficult to imagine what managing it well may look like and what a non-lawyer might do to manage it well. President, Continued on Page 3

1. I say “i-stuff” with a bow to Patrick Sullivan. He has given us a very useful term. And I thank him.

LESI2018, continued from Page 1 will revolve around:

• Tackling dealmaking challenges in today’s turbulent environment

• Gaining practical and valuable insight, and lessons learned, from deals done • Driving business value with successful IP strategies and IP management • LES Standards Initiative and improving IP Management

The line-up of industry-leading speakers in mini-plenary and workshop sessions includes:

• Stasia Ogden, VP, Global Patent Litigation, GSK; John Calvo, Senior Counsel, Bayer; and Christina Allegrini, VP, Fresenius Medical Care discussing the Keys to Success when doing Major Life Sciences Deals • Theo Stamatiadis, GE Power (Switzerland) on “Know-How Licensing”

• Julia Barnes-Weise, Global Healthcare Innovation Alliance Accelerator, leading a panel on “Value of IP to Non-Profit Institutions”

• Patrick Terroir, Innovation Legal, leading a panel on “SMEs and the Patent Challenge”

• Alfred Chaouat, Technicolor, leading the “Patent Pool Mock Negotiation—Part 1 & 2”

Enjoy outdoor networking at Monday night’s event on the pool terrace overlooking the San Diego Bay. Don’t miss the Gala Reception as the meeting wraps-up on Tuesday evening. The Manchester Grand Hyatt near downtown San Diego offers a spectacular waterfront resort-like setting, complete with shopping, dining, and entertainment venues. It promises many indoor/outdoor networking opportunities. For the schedule of workshops, see Pages 16-19. For those new to LES, a note of explanation: LES International (LESI) is the umbrella group that all LES members also belong to. As Past-President Mel Jager explained, “If you are an LES member, you are an LES International member.” It gives advantages and access to 33 member Societies around the world for licensing advice and networking.

LES (U.S.A. and Canada) is hosting this LESI Annual Conference for the first time since 2008. Because of the opportunity to host this Annual Conference for, and network with attendees from, all 33 LESI National Societies, LESI 2018 will be held in lieu of a U.S.A. & Canada only Spring Meeting. Don’t miss out, be a part of it and register now at www.lesi2018.org.

President, continued from Page 2

This all suggests to me that the broader sense of what we are interested in here—“istuff”—may be better referred to as intellectual capital. This broader term may perhaps provoke business people into thinking differently about their “i-stuff,” and that could be a good thing.

Instead of thinking principally about the legal issues, when it comes to the management of our “i-stuff,” perhaps if we referred to a company’s intellectual capital, we would think of the company—of everyone in the company, not only the lawyers—as being about the business of managing and optimizing the value all of its assets: tangible, intangible (made up mostly of intellectual capital), and the company’s human capital—its human assets.

Table of

CONTENTS

LESI2018 Annual Conference ..........1 Board of Directors ...........................2 President’s Message .......................3 Licensing CRISPR .............................4 LES Standards Initiative....................5 LES Member Benefits.......................5 LES Atlanta: IP Think Tank.............7-8 WIL Bias Workshop............................9 LES Education Offerings..................9 LES Education Calendar.................10 LES Annual Meeting - Boston..........11 CLP Celebrates 10 Years..................12 Local Chapter Events......................13 LES New Members...............................14 LES Members on the Move.............15 LES Member Spotlight ..................15 LESI Annual Conference Schedule.....................................16-19

“Human capital?” Now there’s an interesting concept. Perhaps there is an analogy here that we might usefully explore in our next conversation about intellectual capital management. Please let me know your thoughts.

The views and opinions expressed in this article are those of the author and do not reflect the policy or position of Rockwell Collins, Inc.

Don’t miss LESI2018 • 4/29-5/2 San Diego,California

3 | March 2018

Thanks for your help.

Licensing CRISPR

t the LES Annual Meeting in Chicago, I led a panel discussion on the commercialization aspects of the revolutionary gene editing technology known as CRISPR. It appears that, as well as revolutionizing research in life sciences in general and in the biotechnology industry in particular, it also may revolutionize how innovation is licensed from academia to industry in the life sciences. The other panelists were: • Kristin Neuman, Executive Director of Bio Technology Licensing, MPEG LA, LLC • Juliana Leung, Director, Strategic Alliances, The Broad Institute • Maury Raycroft, Biotechnology Analyst, Jefferies, LLC

As the organizer of the panel, I started off the discussion pointing out that biotechnology was an industry built on basic discoveries in academic science: • Monoclonal antibodies (mAb) by Kohler and Milstein at the MRC in Cambridge • Genetic engineering by Cohen and Boyer at Stanford and UCSF The scientific revolution coincided with the Bayh-Dole Act, which allowed universities to patent and own inventions made with Federal funding, and the Diamond vs. Chakrabarty Supreme Court decision that made microorganisms patentable. (The U.K.’s failure to patent mAb’s was a notable exception.) Additional enabling technologies were needed to turn these basic discoveries into safe and effective drugs that could be manufactured economically, notably: • Gene expression technologies in various cellular systems • Techniques to generate mAb’s that were not immunogenic

4 | LES Viewpoints

Many of these technologies were invented in academia, though some of the later mAb technologies were invented by companies. Drug developers obtained either non-exclusive or very narrowly-defined exclusive licenses to the technologies they needed from the individual universities and companies, usually under terms that included most favored nations clauses. Individual royalty rates were generally modest, three percent or lower, but particularly in the mAb space, total royalty burdens could be substantial. Although royalty rates were modest, the royalty bases were frequently enormous, so some institutions and companies generated enormous royalty income from these technologies—e.g., $3.9 billion for City of Hope Hospital in Los Angeles (which was essentially Genentech’s CRO from

Audience at panel discussion on CRISPR.

1976-78) and $3.7 billion for Protein Design Labs. The corporate owners of these platforms have all been acquired for very large sums.

Next Juliana Leung discussed the revolutionary CRISPR/cas9 technology. (The Broad was one of the three or four institutions Ashley J. Stevens where the technology was created. Unlike many of the other fundamental biotechnology discoveries, a vigorous contest is underway before the USPTO and in the Courts to determine who will own the core underlying technology.) Juliana described the Broad’s licensing approaches and how they are being applied in the case of CRISPR. The Broad seeks to achieve maximum public benefit and has granted 60 non-exclusive CRISPR licenses, but understands that in some cases, particularly human therapeutics, exclusivity may be needed to justify the large investments needed. Its Juliana Leung licensing policies also address ethical issues, prohibiting CRISPR’s use for human germline editing and, in agriculture, ‘gene drives,’ ‘sterile seeds,’ and increasing tobacco consumption. In human therapeutics, The Broad has licensed Editas exclusively but, after two years, other companies may apply to license CRISPR for use against genes of interest not being pursued by Editas. The Broad terms this approach the inclusive innovation model. (See https://www.broadinstitute.org/ partnerships/office-strategic-alliances-and-partnering/information-about-licensing-crispr-genome-edi ) Kristin Neuman Kristin Neuman gave an overview of patent pools and their role in physical sciences licensing and how by allowing “one-stop shopping” for freedom-to-operate, the adoption of new technologies can be accelerated. She identified some of the companies that own CRISPR IP. MPEG LA believes that the CRISPR landscape is particularly well suited to a patent pool and announced such a pool in December 2016. In April 2017 it issued a call for patents. (See http://www.mpegla.com/Lists/ MPEG%20LA%20News%20List/Attachments/103/ CRISPRPatentCallPrsRls2017-04-25.pdf )

Maury Raycroft gave a comprehensive review of the three primary “pure plays” in the CRISPR space, Maury Raycroft Intellia, Editas and CRISPR Therapeutics, their academic relationships and commercial partnerships. All three are publicly traded and he showed a timeline of key events in the CRISPR IP space and its impact on the companies’ stock prices. Dr. Raycroft’s final point was that cross-licensing would likely allow the major, legitimate developers to commercialize the technology without major detriment to one particular company’s freedom-to-operate. Jefferies expects such cross-licensing to occur, either at the institutions’ instigation or at the direction of the Courts. Explore more about CRISPR at the LESI Meeting in San Diego. Sadhana Chitale, NYU Technology Transfer Office, will moderate a workshop on Monday, April 30 at 2:45 p.m. entitled CRISPR Patent Pools-A Novel Way Of Licensing And Advancing Research. Other panel members include: Kristin Neuman, MPEG LA; and Jacob Sherkow, New York Law School Broad Institute. Visit: www.LESI2018.org.

Photos by Carla J. Blackman

By Ashley J. Stevens, CLP, President of Focus IP Group, LLC

LES Standards Initiative Update By Bob Held, Held Intellectual Property, LLC & President-Elect LES (U.S.A. and Canada)

n July of 2014 approximately 50 representatives from all walks of the IP industry gathered in a cold hotel conference room in Chicago for a day to drink coffee and hear about the proposed new LES Standards program. The idea of creating voluntary consensus standards for prudent, practical, and ethical behavioral practices in the field of intellectual property had “peaked” their Robert Held interest. You could say that the feelings in the group were mixed as they ranged from “Great Idea,” to “I am only here to make sure that you guys don’t do anything that screws-up my IP business.”

As a result of the AIA and judicial decisions, the U.S. is in a period of weakened patent enforcement, reduced patent values, and our innovation engine is running on six of its eight cylinders. Historically, the U.S. patent system was the gold standard of patent systems globally. In 2017 we fell to 10th place—tied with Hungary. The LES Standards program will identify prudent, pragmatic practices and provide meaningful guidance to policy makers, legislators, judges, and practitioners.

Again—the key term is “participate”—if you chose not to participate then your voice and the voice of your company won’t be heard. We want to hear the voices and opinions of all interested parties so that the resultant standard is strong and represents the interests of a broad spectrum of constituencies.

Now, this may run afoul of what your mother used to teach you when Since then the LES Standards program has grown into an open, she preached “If you don’t have anything good to say than don’t say inclusive, transparent process for the development of voluntary conanything at all.” At LES we want to hear all of your opinions so that sensus standards and as a result has achieved a significant milestone the end result is an industry created and sanctioned position. in that it became an accredited standards developer (ASD) by the American National Standards Institute (ANSI) in January of 2017. We currently have five active committees made up of 76 representatives from operating companies, government, universities, law firms, and consultants from around the world that have been engaged in drafting standards in the following LES is proud to offer a new member benefit program which adds value disciplines: IP Licensing, IP Protection to your membership. Take advantage of any number of the offers from in the Supply Chain, IP Brokerage, IP the providers listed below. Valuation, and Intellectual Assets in the Boardroom. (http://www.lesusacanada. org/?lesstandards). In addition—there are two more committees being established BUSINESS entitled FRAND Licensing and IP HySERVICES giene for Start-ups. LES is also looking at taking on the complementary role of the U.S. TAG administrator for ISO/TC 279—Innovation Management.

Member Benefit Partners

So you may ask why standards in the IP industry are needed? Because full-consensus voluntary standards are an effective and proven means to self-regulate behavior through the input garnered from all interested parties participating in the process. The key term being “participate”—if you chose not to participate then your voice won’t be heard.

For more information about these programs and to enroll Visit: www.lesusacanada.org/BenefitPartners

5 | March 2018

The other reason is that Washington is ill-equipped to regulate IP matters as was demonstrated in the passing of the America Invents Act in 2011 and the subsequent diminishment of patent rights in the U.S.

TRAVEL SERVICES

By Corrine A. Sukiennik, Principal, C-Synergies LLC; Co-Chair, Georgia IP Think Tank Local Chapters LES Atlanta Chapter—Sponsor of the Annual Georgia IP Think Tank

6 | LES Viewpoints

he LES Atlanta Chapter has continued to build a strong foundation to grow its membership and increase organizational participation over the last several years. In 2017, for example, the LES Atlanta Chapter held educational programs and networking events, including a presentation on “How to Avoid the Biggest Mistakes in Licensing Agreements,” and a panel on the “Legal Aspects of Atlanta’s Booming Film Industry.” Additionally, this is the fourth year that the Atlanta Chapter of LES has supported the Georgia Intellectual Property Think Tank. The GA IP Think Tank is a key component of the broader Georgia IP Alliance that includes a partnership of the world’s leading law and business schools of Georgia State University and Georgia Tech. The Alliance includes major corporations, small businesses, and bar associations that provide a platform for IP collaboration and networking. The goal of the Georgia IP Think Tank is to bring together local IP professionals to work together on intellectual property strategy and policy matters impacting their businesses’ economic growth and development. Last year’s attendees of the Georgia IP Think Tank included more than 30 IP professionals from the greater Atlanta area. Past attendees represented a broad array of industry, government, academia and service providers, including AT&T, The Home Depot, GE Power Systems, The Coca Cola Company, Emory University, The CDC, Boehringer Ingelheim, Kimberly-Clark Corp, Equifax, Newell Brands, and PwC, among others. The LES Atlanta Chapter was a key sponsor for last year’s event. Brett Lockwood, the 2017 Atlanta Chapter Co-Chair and partner with Smith, Gambrell & Russell, took an active role in facilitating one of the several breakout sessions. Other gold sponsors of the event included Baker Hostetler, Cantor Coburn, Emory University School of Law, Georgia State University’s J. Mack Robinson College of Business, and Smith, Gambrell & Russell. The Metro Atlanta Chamber of Commerce refers to Atlanta as a “world class hub for technology and mobility,” “one of the fastest growing, high tech urban centers in the nation,” and a region “leading the way in creating a national center for innovation and industry growth.” Intellectual property,

an innovative culture, creative talent, and strong investments are critical for enterprise growth and on-going protection of competitive advantage. The Georgia IP community is poised to service the needs of Georgia’s diverse enterprises, from Fortune 100 companies—to venture funded start-ups. The Georgia IP Think Tank supported by the LES Atlanta Chapter is an important IP initiative supporting the intellectual property needs required for the successful economic development of the region. “The Think Tank seeks to address cutting edge issues at the forefront of new and emerging technologies, IP law, policy and infrastructure,” states Corrine Sukiennik, GA IP Think Tank Co-Chair. The event is focused on analyzing issues and developing recommendations based on a healthy exchange of creative ideas from a group of IP professionals having diverse backgrounds. “The output we seek is to further advance the future of IP policy and system effective- The Fourth Annual Georgia IP Think Tank was ness and efficiency.” This past year, held at the Georgia State University College of the specific goal was to understand Law. The Think Tank is one of the initiatives of IP requirements for protecting new the Georgia IP Alliance. Think Tank participants represent area industry, academia, research, technologies that support Atlanta’s private practice and consultancies. local and international businesses. One example of the output of the Think Tank was published by Dr. Jason Lye, GA IP Think Tank Co-Chair, in his paper entitled “Innovation Diversity and Impact-Based IP Strategy.” The publication, in IAM Magazine (Vol 80, 11/16), describes protecting Consumer Experiences via the patent process. LES Atlanta, continued on Page 7

Georgia Think Tank attendees listen to a review of a breakout session on IP Strategy and Economic Growth at the Knowles Center, Georgia State University, College of Law.

LES Atlanta, continued from Page 6 Dr. Sam Khoury, President of Inavisis Inc., launched last year’s Think Tank with a presentation on “Intellectual Property Strategy and Enterprise Growth.” Dr. Khoury grounded the participants with a retrospective on IP strategy and tactics used over the years by corporations, SME’s and start-ups. Ben Wilcox and Landon Ansell, from PwC, provided research findings on patent litigation and related statistics from the PwC 2016 CEO Survey. The Think Tank participants then shared their respective experiences on a variety of topics in several breakout sessions. “The real value of the Think Tank is working on relevant topics having broad applicability, and the thoughtful blending of backgrounds and experiences of Think Tank members” states Dr. Chad Kitchen, a patent attorney with Boehringer Ingelheim, one of last year’s Think Tank participants. According to Scott Frank, Chair of the Georgia IP Alliance, and Georgia Tech and Georgia State University IP Advisory Boards, “The annual Georgia IP Think Tank is becoming a key component in Georgia’s goal to be the thought leader in all things intellectual property. We firmly believe that through this type of collaborative activity, we’re able to capture the thoughts of business, education, research, private practice and service providers. Initiatives like the Georgia IP Think Tank will form the basis for the legal/business eco-system and provide future legislation and best practices to contribute to the area’s economic development. We especially appreciate the ongoing participation and support that the Atlanta Chapter of the Licensing Executive Society has provided each year and hope that it will continue in future years.” Dr. Sam Khoury, President of Inavisis International Inc., launched the Georgia IP Think Tank with a retrospective on IP Strategies used over the years by corporations, SMEs and start-ups. Sam has a long standing history with LES; he served on the board for three years and was the chair of the “Valuation and Taxation” committee at LES for two years. He’s scheduled to moderate at the LESI meeting in April 2018 at the session: “Using Intellectual Property to Secure Debt Financing for Start-ups and Growth Companies.”

2018 LES Atlanta Chapter Officers, Committees and Board Members Chair: Stephen Kabakoff Vice Chair (and Chair Elect for 2019): Ben Wilcox Treasurer: Landan Ansell Membership Committee: Co-Chairs- Sam Zellner and Adrianne Luu Corrine Sukiennik Program Logistics: Chair: Kevin Rodkey Rachael Widener Marketing Committee: Chair - Erin Caldwell Pete Canalichio Sponsorship Committee: Chair - Courtney Thornton Brett Lockwood Nominating Committee: (Chapter’s Then Current Chair and Prior Two Years’ Chairs) Stephen Kabakoff, Craig Cupid & Brett Lockwood Board Members: Landan Ansell, Erin Caldwell, Pete Canalichio, Craig Cupid, Stephen Kabakoff, Brett Lockwood, Adrianne Luu, Kevin Rodkey, Corrine Sukiennik, Rachael Widener, Ben Wilcox, Sam Zellner, Courtney Thornton

Breakout group leader Greg Kirsch, Smith, Gambrell & Russell, shares key findings from group discussion on the USPTO. 7 | March 2018

Think Tank Participants include Brett Lockwood, 2017 LES Atlanta Chapter Chair, from Smith, Gambrell, & Russell, Billy Fiorkowski, Clayton McKay & Bailey, Ben Wilcox, 2018 LES Atlanta Chapter Vice Chair and 2019 Chair Elect, and Nikhil Patel, Solvay Speciality Polymers.

Highlights of the 2017 Georgia IP Think Tank have been summarized and will be published. For more information on this past event, to express interest in participating in future IP Think Tanks, and/or to offer sponsorship, contact Jason Lye at jason@lycoworks.com. The LES Atlanta Chapter continues to grow its organizational structure and leadership, with an expanded board and committees. Stephen Kabakoff, a partner at Finnegan, Henderson, Farabow, Garrett & Dunner and this year’s Board Chair, said he “looks forward to another successful year of providing interesting and enriching programs for all segments of the Atlanta Chapter’s membership” and he hopes to engage even more professionals and students in Atlanta’s thriving licensing community. The Chapter recently announced its leadership team for 2018:

Women In Licensing (WIL):

Breaking Through Bias To Be Successful e all share something in common, something we carry with us and have since we were small children…the stereotypes and biases toward others. The Women In Licensing (WIL) Committee explored this issue during their breakfast networking session at the 2017 LES Annual Meeting. Given the current climate of seemingly daily charges of sexual harassment and misconduct against celebrities, professional athletes and high-ranking political and corporate officers, the topic of workplace dynamics is timely and warrants attention and conversation, both inside and outside of the boardroom. The biases men and women carry can not only lead to misunderstandings and assumptions but have also hindered the advancement of women in the workplace, hence the basis for a discussion on how aspiring executives and business leaders can move past the barriers to achieve their objectives.

Authors Ann Kramer and Al Harris facilitate the Women In Licensing session at the LES Annual Meeting.

Sponsored by Uber, the session was facilitated by authors Ann Kramer and Al Harris. They have penned “Breaking Through Bias: Communication Techniques for Women to Succeed at Work.” This married duo of attorneys shared both personal stories and research on the topic of how women can adjust, and react, to help themselves and others climb the corporate ladder.

8 | LES Viewpoints

All organizations could benefit from a frank inventory and discussion of the stereotypes and biases that exist within their ranks. Kramer stated, “Even the most well-intentioned organizations are going to have bias around the stereotypes we all have about each other.” All is not lost, however, as women can succeed even in a gender-biased workplace if she is aware of the kind of stereotypes people are operating under. The facilitators iterated that it’s not about the elimination of bias, but how one functions with the knowledge that biases do exist and for their own perspective, striving to deal with the world as it is. There are statistics, according to Kramer, that say, “women are not advancing in their careers as fast or as far as their male counterparts.” While the numbers are equal upon graduation from law school, once one examines the new attorneys after their entrance into practice, the disparity is quite evident with only 17 percent 18 percent of women continuing to the high ranks of equity partner or general counsel. What is the main factor to cause this drop-off in leadership attainment? Harris believes it’s the stereotypes around women and leadership that are toxic to both the advancement of

women in the workplace but also to the overall organization. There is a “Goldilocks Syndrome” wherein women must be “just right” in their behavior; not too “soft” or too “hard,” to be successful. The truth of the matter is, most women have not been taught both ends of the spectrum, and certainly not how to balance the two. Research does show, however, that women who can effectively balance communal traits (accommodating, emotional, concerned about other people’s needs) and agentic traits (ambitious, independent, willing to take a risk) tend to make more money in their careers and progress faster. Being able to “dial it up” or “dial it down” can make all the difference in the world.

Kramer and Harris offer some tips and techniques for women to use in their careers. These include having positive and affirming conversations with yourself. Two specific techniques from recent studies are physical positioning exercises like standing in a “power pose” and the mental exercise of taking two to three minutes before an important meeting or presentation to reflect on a time of feeling particularly powerful or happy or in control of your circumstance. It is believed that you can influence your behavior through the way you feel about yourself and these types of exercises will help you feel better through positive mental association. Additionally, the concept of impression management, taking control of the impressions that you make on the people with whom you’re dealing, was discussed. Numerous studies show that people remember or are impressed by the posture, presence, poses, and demeanor of people about 80 percent or 90 percent more than the content of what people have said. Given this powerful statistic, it is important that women, and men, pay more attention to how they present themselves. “Your impressions are going to be what drives your effectiveness.” said Harris. There was also a message for the men in the room, mainly the WIL, Continued on Page 9

Photos by Carla J. Blackman

By Renee McMullen

Participants at the meeting do a practice exercise on the “Wonder Woman” pose.

LES Education Offerings

s LES is committed to being the premiere professional society for professionals in the broad field of Intellectual Capital Management (ICM), LES is developing and expanding our education offerings to be consistent with this mission. This includes not only offering existing courses more broadly and By Matthew McNeill, LES Education Director more often, but also developing new education content.

WIL continued from Page 8

need for them to work together with women. To not limit their talent searches to “only 50 percent of the population,” and to embrace opportunities to champion, mentor and train women candidates. The barrier to this happening, fear of sexual harassment on both sides, must be addressed in the workplace. Harris’ suggestion: mandatory crossgender mentoring.

WIL Committee Chair, Soody Tronson, comments on the topic discussed at the meeting.

The session also allowed members of the audience to lend their voice to current scenarios affecting their daily work life. The comments and questions shared underscored the need for Women in Licensing (WIL) and its place in the Licensing Executives Society. As Committee Chair, Soody Tronson, pointed out, “WIL was revamped based on the clear need voiced by its professional women members in order to help aid in the balancing of the playing field.” In addition to the breakfast, Women in Licensing held their first guided networking event, which clearly illustrated “the need for certain resources is not limited to women and minority members but also our male colleagues,” said Tronson. Moving forward Soody Tronson shared WIL has a definitive direction for its role in the organization. “LES-WIL has decided to focus on certain skill-building programs. To what extent it can help bring about an impact, of course, depends on the will and engagement of its members.”

In developing new ICM education content, LES will be drawing upon the expertise of its members to assemble more targeted courses allowing deeper dives into specific topics. Options being evaluated include new courses in domains of ICM parallel to many of LES’s standards activities including Valuation, ICM in the Supply Chain, and ICM in the Boardroom. LES is also evaluating creating courses in ICM and Analytics, ICM in M&A transactions, ICM Issues in Startups, and Organizational Structure to Optimize ICM. As this content cannot all be created at once, LES will be working with our members and potential members to prioritize these options. In that regard, the Society will be conducting a survey with the ICM Executive Thought Leaders at this year’s IP100 in Phoenix to create that prioritized list. Following that, the hard work of creating world-class ICM content will begin in earnest. Please stay tuned into 2019 as LES begins rolling out this broadened ICM curriculum. See Page 10 for the full Education Calendar.

9 | March 2018

Arpi Siyahian won the presenters’ book, “Breaking Through Bias: Communication Techniques for Women to Succeed at Work.”

Maria Vanegas (top) and Karthika Perumal ask questions about current scenarios affecting their daily work life.

Consistent with this approach, LES has published a full schedule of 2018 education offerings at http://www.lesusacanada.org/page/2018edcalendar. The Society will be presenting education in association with its national meetings, particularly the LESI Annual Conference being hosted by LES in San Diego in the spring and the LES (U.S.A. & Canada) Annual Meeting in Boston in the autumn. In addition, LES will be continuing the tradition of holding LES University. In an effort to make “LESU” more accessible, it will be offered two times in the course of a year in different locations. For 2018, the first version with be LESU South— being hosted in Houston by the location sponsor Bracewell LLP from March 20–23. LESU South will include the intermediate level course “Business Development in IP Licensing.” In September of 2018, LESU North will be presented in Chicago, and include not only the “BD in IP Licensing” course again, but also a freshly updated Advanced class in Strategic Licensing, building upon and expanding the skills from the intermediate course. In 2019, we are planning on holding LESU East and West in locations to be determined with similar course offerings. Other existing courses are on the schedule to be offered in different locations throughout the year.

Mark Your Calendars

Tuesday, March 20, 2018 LES University â€“ South PDS200: Business Development for IP Licensing 03/20/2018 - 03/23/2018 Location: Houston, Texas Early Bird: $1,195 Member/$1,495 Non Member After March 2: $1,295/$1,595 Non Member

Saturday, April 28, 2018

Sunday, October 14, 2018 IP101 Business Basics 10/14/2018 Location: Boston, Massachusetts

In association with the LESI Meeting in San Diego:

$245 LES Annual Meeting Registrant/$295 Member and Non Member

Advanced Negotiation 04/28/2018 - 04/29/2018 Location: San Diego, California

$150 Professor/$75 Student Member and Student Non Member

$795 Member/$995 Non Member/$795 Student

Wednesday, May 2, 2018 CLP Exam Review Course 05/02/2018 Location: San Diego, California $995 Member and Non Member

Wednesday, May 2-3, 2018 Best Practices in IP Licensing 05/02/2018-05/03/2018 Location: San Diego, California Early Bird $995 Member/$1,295 Non Member After April 20 $1195/$1495

Monday, September 17, 2018 LES University â€“ North 09/17/2018 - 09/21/2018 Location: Chicago, Illinois PDS200: Business Development for IP Licensing Early Bird $1,195 Member/$1,495 Non Member After September 1 $1,295/$1,595

10 | LES Viewpoints

Hi-Tech Add-on: Special Topics in Hi-Tech including review of the HTS Royalty Survey $495 Member/$595 Non Member $345 (if add-on to PDS200 or PDS300)

PDS300: Strategic Licensing: Advanced Skills & Tools Early Bird $1,295 Member/$1,595 Non Member After September 1 $1,395/$1,695

Valuation Workshop 10/14/2018 Location: Boston, Massachusetts $150 Member/ $195 Non Member IP in the Boardroom Workshop 10/14/2018 Location: Boston, Massachusetts $150 Member/ $195 Non Member

Thursday, October 18, 2018 CLP Exam Review Course 10/18/2018 Location: Boston, Massachusetts $995 Member and Non Member

November, 2018 Best Practices in Life Sciences Licensing Location: New Jersey Early Bird $995 Member/$1,295 Non Member After (date) $1195/$1495

December, 2018 Advanced Negotiation Location: Location Pending $795 Member/$995 Non Member/$795 Student

Up-to-date information can be found on the Licensing Executives Society website: www.lesusacanada.org

the birthplace of

INNOVATION LES 2018 Annual Meeting October 14-17 Boston, Massachussetts



Official Annual Meeting Hotel:

MARRIOTT COPLEY PLACE Boston Marriott Copley Place 110 Huntington Avenue

SIGNATURE HIGHLIGHTS INCLUDE:

Boston, MA 02116 *Special LES Room block with rates available

 Sunday Evening Welcome Reception hosted by LES Boston  Daily Spotlight Plenary Sessions  Evening Sector Networking Events  Annual Frank Barnes Award Presentation  Annual Business Meeting and Deals of Distinction Awards Luncheon

starting at $299 per night

 Non-Member $1,595 REGULAR REGISTRATION: May 6 – October 5, 2018

 Member $1,595  Non-member $1,795 http://www.lesmeetings.org/am18

 Education offerings with CLE and much more!

2/8/2018 3:48:56 PM

11 | March 2018

LESI 2018 Tradeshow_Postcard.indd 2

Sponsorship and Exhibit Opportunities now available! Contact: sponsors@les.org

CLP Celebrates 10 Years

12 | LES Viewpoints

his year, the Certified Licensing Professionals (CLP) program celebrates its 10-year anniversary. Since the launch of the program in 2008, the CLP Board of Governors have worked to achieve the program’s goal of recognizing professionals who have demonstrated their experience and proficiency in the licensing and commercialization of intellectual property. More than 850 individuals currently hold the CLP through a rigorous credentialing process that is built on experience, education, and an examination. CLP certificants participated in a survey recently providing feedback about the community of certificants and the value of the CLP credential for individuals, employers, and the profession overall. Who exactly are CLPs? The survey helped define some of the common characteristics of CLP-certified individuals: • More than 50 percent work in the life sciences field. • CLPs are employed in diverse settings. Approximately 30 percent work at a corporation, 25 percent in an academic institution, more than 20 percent in independent consultancy, and nearly 15 percent in a law firm. • Approximately 76 percent are in managerial roles. • Outside of the United States, the countries with the most CLPs are Canada, the United Kingdom, Germany, the Netherlands, and Australia. • Merck, Eli Lilly & Company, and Stanford University rank as the top three employers of CLPs. See Figure 1 and 2. How do CLP-certified individuals define the value of the certification? While holding the CLP is not required to practice in the field, the purpose of the program is to help elevate the licensing profession and provide greater visibility. • Approximately half of the respondents applied for the CLP exam because it is an important designation for the industry and they wanted to be part of the community. The next highest motivating factor was to increase credibility among clients. • For nearly 75 percent of survey respondents, the most commonly identified benefit of earning the CLP is documentation of expertise as a licensing professional, followed by increased credibility among clients and peers for close to 60 percent of respondents. • The survey shows that employers are supportive of certification but may not require certification yet. • More than 75 percent of the respondents to the survey said they would encourage eligible colleagues to earn the CLP. See Figure 3. The CLP exam is offered dur ing two, month-long windows in April and October. This spring, the April exam window has been extended to May 15th. Eligible candidates are working in the licensing field, have at least three years of licensing experience and hold a Bachelor’s degree. Applicants have two opportunities to take the exam within a 13-month window with the application fee. Learn more online at www.licensingcertification.org.

By Cynthia Allen

Figure 1. CLP Employment by Job Setting (*more than one may apply)

Figure 2. Countries Outside Of The US With The Highest Numbers Of CLPs

Figure 3. CLP Employment by Job Setting

LES Silicon Valley Chapter Meeting

Photos by Larry Udell

By Larry Udell, SVC Chapter Chair

The Silicon Valley Chapter had another successful meeting on January 10, 2018. Over 60 attendees participated at the Oracle Conference Center. The panel discussed “Open Source Licensing—Risks, Benefits and Best Practices.”

Chicago Chapter Holiday Event

Photos by Gary N. Keller

The Chicago Chapter enjoyed their holiday happy hour event at Sidebar on December 7, 2017.

Members from left: Kate Berezutskaya (Chicago Chapter Chair), Priscilla Gallagher (Former Chicago Chapter Chair, Chicago Chapter leadership committee member) and Matthew Shin (Chicago Chapter leadership committee member).

2018 LES Annual Meeting Boston Planning Committee This great team will bring you the 2018 LES Annual Meeting in Boston October 14-17. Meeting Chair Michael Fluhler (third from left) and Director of Meetings Scott Williams (right) are planning great opportunities for networking in the Birthplace of Innovation.

13 | March 2018

Photo by Carla J. Blackman

Welcome to new LES Chicago Chapter members attending the happy hour event.

LES New Members John Annaloro

Rob Dekam

Heather Mueller

Monty Austin

Anne Eldrup

Lisa Mueller

Student IBM

Ukeme Awakessien Jeter Dinsmore & Shohl LLP

Varghese Baby

Ciena Corporation

Scott Barnes

Barnes & Company

Erin Beaumont NREL

Gary Benton

Gary Benton Arbitration

Timothy Berghuis

InterDigital Holdings, Inc

Laura Berton

Fieldfisher (Silicon Valley) LLP

Martin Bieschke Global Licensed Technologies LLC

Donald Bitting

Stanley Black & Decker, Inc.

Trevor Blum

Houlihan Lokey

Meredith Boerschlein

Boehringer Ingelheim Pharmaceutical, Inc

Carolyn Elmore

Elmore Patent Law group PC

Kathryn Foley

Downs Rachlin Martin PLLC

The Mueller Law Office, P.C. Michael Best & Friedrich LLP

Carolyn Myers BioEnsemble

Afia Naaz

Ology Bioservices, Inc

Andrew Nakayama

Derek Stettner

Michael Best & Friedrich LLP

Fred Ginnebaugh

Marty Oehlbeck

Keisha Thomas

Dennis Ostrovsky

Christopher Turoski

University of Pennsylvania, The Wharton School

Intellectual Portfolio

BASF Corporation

Schwegman Lundberg & Woessner PA

William Herman

Tracy Randall

Mark Hower

Sven Riethmueller

Mohan Kabadi

Angela Roedding

David Hendricks

HermanIP Barristers & Solicitors IFI CLAIMS Patent Services Therabiome, LLC

Myles Kaluzna

Davis & Hosfield Consulting University of California–Berkeley patentKEY

Fenwick & West, LLP Pepper Hamilton LLP Centre for Addiction & Mental Health

Wendy Ross

Innovation Lab

Arkady Rubin ARSTAT

Nidhi Rumpal

Ellen Kim

Plasseraud IP Limited (Shanghai)

Matthew Caldemeyer

Eric Lee

Victoria Scarborough

James Chan

Richard Magid

Mina Sen

Tandi Collisson

Georgetown University

Stacy Taylor

Aims Community College

Dave Brown

Boston Children’s Hospital

Idris Soyinka

Anastasia Nutter

Ice Miller LLP

The Ohio State University– Technology & Commercialization Office

Jennifer Chou

Oculus VR LLC

Roger Gilcrest

Stephen KEY

Patent Attorney

Jeremy Snodgrass

Nicolas St-Sauveur

Katherine Bonter

Ambrx

Knobbe Martens Olson & Bear, LLP

Seattle University School of Law/ Albers School of Business

Craig Kennedy

Brigham Young University

Lance Smemoe

Leydig, Voit & Mayer, Ltd.

Christopher Gass

Finnegan Henderson Farabow Garrett & Dunner LLP Clementia Pharma

14 | LES Viewpoints

RC Dekam Holdings

Thomson Reuters University of Tennessee Research Foundation

Laurent Mieville

Unitec-University of Genev

Materia Prima Ventures Maxim Integrated

Gary Shapiro

Baker McKenzie

Ryan Sharp

BCF

BTG International Inc. Actinium Pharmaceuticals, Inc. University of Minnesota Law School

Timothy Tyson

Avara Pharmaceutical Services

Julie VanDerZanden Meridian IP, Pllc

William Voller

Loeb & Loeb LLP

Tristana von Will Abcam plc

Craig Wade

American Type Culture Collection (ATCC)

Sen Wang

Brinks Gilson & Lione

Jeremy Weissman Student

Jean Wheasler

National Renewable Energy Laboratory

Molly Williams

The Boeing Company

Linda Zachariah

Schwabe Williamson & Wyatt

Fred Hutchinson Cancer Research Center

James Mooney

Hamre, Schumann, Mueller & Boeing Intellectual Property Licensing Larson, P.C.

Yi Zhang

Paul Conover

Mennah Moustafa

Dana Zur Neumann

Knobbe Martens

Abcam plc

Kevin Sheehy

Genulin Consulting Ltd

Student

Herzog, Fox Neeman

LES Members on the Move Kevin Boggs: On February 1, Kevin started as Managing Director of the Office of Technology Development at the Medical College of Wisconsin.

Brian McVeigh: KBP Biosciences appointed Brian as Chief Executive Officer. He was formerly Managing Director, SG3 Ventures LLC. He is a Certified Public Accountant, Certified Management Accountant, and a Certified Licensing Professional.

Jill N. Link, Pharm.D.: Jill is the 2018 ChairElect for the LES Iowa Chapter. Jill has been actively involved in LES and was part of the committee that organized and formed the Iowa Chapter. She is also an Intellectual Property Attorney at McKee, Voorhees & Sease, PLC.

Bob Ryan: Bob received an AV 5.0/5.0 Preeminent Rating from Martindale Hubbell again for 2018. He has been rated 5.0/5.0 Preeminent by them since 2015. He has also been named to The Best Lawyers in America for 2018. In addition, he has been named to the Nevada Legal Elite in 2012 and 2014.

Pete Canalichio: Pete just finished a book on the licensing industry, “Expand, Grow, Thrive: 5 Proven Methods to Turn Good Brands into Global Brands Through the LASSO Method.” It features stories of several iconic brands such as Coca-Cola, Disney and the Olympics, and will be published by Emerald Publishing. Its about the untold story of the $260 billion licensing industry and how bestin-class brands today are utilizing licensing to enhance their consumers’ brand experience.

Richard Zelenka: Richard has formed his own law firm, focused on Intellectual Property. Critical Path IP Law brings a business-savvy, technically-sound approach to IP protection. He has 20 years’ experience with tech innovation and business growth at places like NASA, Boeing, and UC Berkeley. His legal expertise includes drafting and prosecution of over a hundred patent applications, spanning local entrepreneurial inventors, two of the foremost commercial electronics technology companies, and a multi-national electric automobile manufacturer.

LES Member Spotlight Q&A with New David Brown Law Firm Shareholder Matthew Warner-Blankenship In January 2018, Matthew Warner-Blankenship became a shareholder of the Davis Brown Law Firm. He is a licensed patent attorney providing counsel to clients ranging from individual entrepreneurs and start-ups to large academic institutions and corporate entities. We asked Blankenship four questions about his new role: By Abbie B. Elliott

Q: A: Q: A:

Q: A:

What are your long-term goals as a new shareholder of the Davis Brown Law Firm? Matthew: Same goals: develop new skills and build my practice. I also look forward to developing strong relationships with clients and helping them find success in their work...and maybe not work forever!

Q: A:

What issues do you see affecting the industry over the next year? Matthew: I think there is a lot of regulatory and economic flux that might significantly impact the environment.

Quick-fire questions for Matthew Coffee or Tea: Tea—Earl Gray Books or e-Reader: Books Cats or dogs: Cats? Beer or wine: Beer Beach vacation or mountain vacation: Any vacation is a great vacation! Early bird or night owl: Both!

15 | March 2018

How has your LES (U.S.A. and Canada) membership supported your career development? Matthew: I appreciate the networking opportunities, the ability to learn the perspectives of people in a variety of different roles and how my work ties in to theirs. The relaxed atmosphere is great for meeting with my current clients as well as new connections. What are your short-term goals as a new shareholder of the Davis Brown Law Firm? Matthew: I am working to hone my skills and build my practice.

w w .L w ES I2 8. 01 or g

LESI 2018 April 29 – May 1

ANNUAL CONFERENCE Strong IP Drives the Bottom Line

Manchester Grand Hyatt

San Diego,California

Please join us on Sunday evening for the LESI Welcome Reception Plenary and Mini-Plenary Sessions Monday, April 30, 2018—Mini-Plenary Sessions 8:30 am A1: Plenary Session—“Think You Know

Facebook’s Story . . . Think Again and Learn Along The Way.”

Speaker: Mike Hoefflinger, Director of Global Business Marketing, Facebook, 2009-2015 In the eight years between 2009 and 2016, Facebook went from an also-ran to a world-influencing juggernaut that had grown its users by ten times and revenue by 100 times. Hoefflinger was at Facebook during that time and can dissect what happened, how it happened, and what we can learn from it with an insider’s perspective. Taking lessons from his book Becoming Facebook, Hoefflinger will help you find your “inner Zuck,” grow products via your North Star Metric, build big businesses by democratizing something for customers of all sizes, disrupt yourself before someone else does, play the long game, and win the talent wars.

10:15 am B1: “Doing Major Life Sciences Deals: The Keys to Success” Panel Members: Stasia Ogden, VP, Global Patent Litigation, GSK; John Calvo,

Senior Counsel, Bayer; Christina Allegrini, VP, Fresenius Medical Care Moderator: Amanda Hollis, Partner, Kirkland & Ellis LLP

B2: “Standard Essential Patent Licensing: Yesterday, Today and the Future” Panel Members: Suzanne Munck, Deputy Director, FTC; Eeva Hakoranta, VP and Global Head of Patent Licensing, Nokia Corporation; Laurie Fitzgerald, Principal, McKool Smith; Moderator: Nicholas Mathews, Partner, McKool Smith

B3: “IP Markets Experiences”

Moderator: Aaron Charfoos, Partner, Jones Day

Panel Members: Luke McLeroy, Vice President, AVANCI; Audrey Yap, Manager, Yusarn (Singapore); Dr. Yan Zhang, Partner, IPFuTurn Moderator: Larry Horn, Chief Executive Officer, MPEG LA, LLC

16 | LES Viewpoints

B4: “Best Practices For, and Latest Developments Regarding, Cyber-Security”

Tuesday, May 1, 2018—Mini-Plenary Sessions 8:30 am F1: Plenary Session—“Datashock: Artificial

Intelligence, Connectedness, and Readying for the Big Data Future”

Speaker: Dr. Jennifer Golbeck, Director, Human- Computer Interaction Lab, University of Maryland The future is going to be driven by Artificial Intelligence (AI). Huge power lies in smart algorithms combined with the vast amount of big data generated by sensors, Internet of Things devices, and human behavior– from financial transactions to social interactions to increasingly trackable behavior. The key, according to Dr. Jennifer Golbeck, is to focus on the strategic impact of these technologies.

10:15 am G1: “Driving Business Value with IP: Successful IP Strategies and IP Management” Panel Members: Andreas Schuster, Co-Founder, Oran Energy; Yann Menier, Co-Founder, European Patent Office Moderator: Thomas Bereuter, European Patent Office (EPO) Academy Co-Moderator: Peter Hess, Bardehle Pagenberg, Patent Attorney, Partner

G2: “Early Stage Pharma/Biotech Licensing”

Panel Members: Andrew Littlehale, CFO, Macrolide Pharma; Jeremy Grun- stein, Ph.D., Executive Director, Business Development, Amgen; Benjamin H. Pensak, Partner, Morgan Lewis Moderator: Gary Raichart, Director, Strategic Value Advisory, Duff & Phelps

G3: “The Changing Patent and Licensing Landscape in the Automotive and Aerospace Industries”

Panel Members: Paul Bernal, VP Global Patent & Technology Licensing: Business Development, The Boeing Co.; John Carney, Director, Com- mercialization & Licensing, Delphi Automotive Systems, LLC; Chris Storm, Senior Counsel, Intellectual Property, Uber Technologies, Inc.; Jin Kim, Senior Director, Innovation Business Development, United Technologies Corp. Moderator: Mike Lasinski, CEO and Managing Director, 284 Partners

G4: “Diversity and Identity of the Licensing Profession: Career Development Discussion”

Panel Members: Jennifer Dyer, Executive Director, University of Southern California Stevens Center for Innovation; Traci Libby, Director, Open Innovation, Beckman Coulter, Inc., Diagnostics; Kirsten Leute, Senior Vice President of University Relations, Osage University Partners; Paul H. Ebert, President and CEO, Ebert Wolfe & Co., Executive Search Moderators: Anna Solowiej,Ph.D., J.D., Senior Licensing and Patenting Manager, National Institutes of Health (NIH)

Sponsorship Opportunities Available. For more information contact: sponsors@les.org •session titles and times are subject to change•

Monday, April 30, 2018—Workshops

Tuesday, May 1, 2018—Workshops

1:00 pm C1: “Know-How Licensing”

1:00 pm H1: “SMEs and the Patent Challenge”

Speaker: Theo Stamatiadis, GE Power (Switzerland)

C2: “Artificial Intelligence: The IP Behind Disruption”

Panel Members: Bastian Best, Bardehle Pagenberg; Misha Benjamin, Element AI; Jason Silbergleit, IBM Research AI; Pramath Malik, Dolcera; Moderator: Vincent Bergeron, Robic LLP

C3: “Using Intellectual Property to Secure Debt Financing for Startups & Growth Companies”

Panel Members: Joe Agiato, PIUS Limited LLC; Sharone Menczel, Ironshoe; Alexis Coyle, East West Bank; Drew Lanza, Ayla Networks, Inc.; Moderator: Sam Khoury, Inavisis, Inc.

C4: “Best IP Strategies for Value Creation”

Panel Members: Dr. Rush Khan, We ThRive; Dr. Yateen Pargaonkar, Riser IP; Jeffery Whittle, Hogan and Lovells; Stein Lundby, Qualcomm; Moderators: Dr. R Khan, We ThRiVe; Dr. Tanja Sovic, TU Wien (Austria)

C5: “Mediation, Arbitration and Alternative Dispute Resolution of Licensing and Other Technology Disputes”

Panel Members: James Grossman, Applaud Medical, Inc.; Neil A. Smith, Former Judge, Patent and Trademark Office; Serena Lee, American Arbitration Association; Moderator: Ana Sambold, California State Bar ADR Committee

C6: “Value of IP to Non-Profit Institutions”

Panel Members: Rita Khanna, International Technology Transfer Mgmt., Inc.; Sylvie Fonteilles-Drabek, Medicines for Malaria Venture (Switzerland); Moderator: Julia Barnes-Weise, Global Healthcare Innovation Alliance Accelerator

2:45 pm D1: “Blockchain and Cryptocurrency: New Tools for the Digital Economy”

Panel Members: Jason Cross, Chairman Agraria Technologies, Inc.; Bob Kain, CEO, Luna DNA; Moderator: Ian DiBernado, FinTech Practice Leader

D2: “YMC: Mock License Negotiation”

Panel Members: Annie Gauthier, BCF; Curt Dodd, Fitch, Even, Tabin & Flannery LLP; Moderators: Alexander Haertel, Kather Augenstein; Michael Crichton, Growling WLG

D3: “LES Standards Initiative: Improving the Practice of IP Management”

Panel Members: Ron Laurie, Inflexion Point Strategy, LLC; Jeff Bartholomew, Robinson Waters & O’Dorisio; Mike Pellegrino, Pellegrino & Associates, LLC; John Carney, Delphi Automotive Systems, LLC; Patrick Terroir, Innovation Legal; Moderator: Robin Corwin, Rockwell Collins

D4: “Economic Considerations for Patent Litigation Financing” Panel Members: Katharine Wolanyk, Buford Capital; Robert F. Kramer, Partner, Dentons: Moderator: Scott Weingust, Stout Risius Ross

D5: “An International Perspective on Licensing in China: Experiences and Avoiding Potential Pitfalls”

Panel Members: Jai (Jay) Wei, Best IPR Intellectual Property Law Corp.; Fiona Nicolson – Bristows; Sanjay Goorachurn, Smart & Biggar; Moderator: Harry Gwinnell, Greenblum & Bernstein

D6: “Licensing Strategies for Platform Technologies: Lessons from CRISPR”

Panel Members: Kristin Neuman, MPEG LA; Jacob Sherkow, New York Law School Broad Institute; Issi Rozen, Broad Institute; Moderator: Sadhana Chitale, NYU Technology Transfer Office

4:15 pm E1: “The European Unitary Patent After Brexit: Over 400 Years After The Death Of Shakespeare, “To Be Or Not To Be?” Is Still Very Much The Question”

Panel Members: Richard Kempner, Kempner & Partners; Joachim Mader, Bardehle Pagenberg; Jean-Martin Chevalier, Cousin & Associés; Moderator: Robert Alderson, Jacobacci & Partners

E2: “Innovative Brand Protection Strategies Improve the Bottom Line” Panel Members: Jaime Lemons, Nike; David Bernstein, Debevoise; Charmaine Koo, Deacons; Moderator: Stefan Volker, Gleiss Lutz

E3: “Trends in International Patent Enforcement, Court Litigation and Arbitration”

Panel Members: Melissa Finocchio, VP/Chief Litigation Counsel, Intellectual Ventures; Chris Longman, Qualcomm; José Miguel Lissen, Gomez Acebo & Pombo; Zhu Nongfan, King & Wood Mallesons; Moderator: Prof. Dr. Tilman Müller-Stoy, Bardehle Pagenberg

E4: “Impact of IP Rights on 4th Industrial Revolution in Asia”

Panel Members: Audrey Yap, Yusarn & Audrey; Alan Adcock, President, LES Thailand; Partner, Tilleke & Gibbins; Mina Maeda, Social Innovation IP Dept., IP Business Division, Hitachi, Ltd.; Hiroki Saito, Mori Hamada & Matsumoto; Moderator: Vikran Duangmanee, SCG Chemicals

E5: “Making Your IP Department into a Value Driver & Corporate Partner”

H2: “Challenges and Opportunities for Start-ups”

Dr. Wilaiporn Chetanachan, Director, Corporate Technology Office, The Siam Cement Public Co. LTD.; Alice Wang, IP Director, DJI; Moderator: Ningling Wang, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP,Co-chair, LESI Asia Pacific Committee

H3: “Patent Pool Mock Negotiation — Part 1”

Panel Members: Roberto Dini, Sisvel; Keith Lutsch, Blank Rome LLP; Heath Hoglund, Dolby Laboratories, Inc.; Christopher J. Kelly, Mayer Brown LLP

H4: “The Current and Future State of Non-Profit Technology Transfer in the United States” Panel Members: Andrew Danielsen, Mayo Clinic Ventures; Katharine Ku, Stanford University; Lesley Millar-Nicholson, Massachusetts Institute of Technology; Claire T. Driscoll, National Human Genome Research Institute, NIH; Moderator: Pam Cox, Marshall, Gerstein & Borun LLP

H5: “Joint Development Agreements (JDAs) Are Only as Strong as the Weakest Link”

Panel Members: David Westgor, MicroVision; Andy Polovin, Uptake Technologies; Dawn Phillips, Molson Coors Brewing Company; Saumil Mehta, GoGo LLC; Jo Costura, IP Transaction and Technology Licensing Manager EAME, Caterpillar UK Moderator: Adam Petravicius, Partner, Kirkland & Ellis LLP

H6: “What’s Hot and What’s Not In Drafting and Structuring Your Intellectual Property Licenses”

Panel Members: Kandace Watson, Sheppard Mullin; Shawn White, Internet Corporation for Assigned Names and Numbers (ICANN); Michelle Carr, NBC Universal

2:45 pm I1: “Atlanta IP- Developing a Model IP Ecosystem to Benefit Society”

Panel Members: Scott Frank, AT&T Intellectual Property; Russell Allen, Georgia Bio; Cynthia Curry, Metro Atlanta Chamber of Commerce; Moderator: Barry Brager, Perception Partners

I2: “Funding the High-Tech/Med Devices Start-ups”

Panel Members: Dean Rosenberg, Angel Investor and Head of Tech Coast Angels; Jeremy Glaser, VC lawyer from Mintz Levin; Shawn Conahan, High Tech Serial Entrepreneur; Kim Walpole, Life Sciences Serial Entrepreneur; Moderator: David Powsner, Nutter, McClennen & Fish LLP

I3: “An International Perspective: What Everyone Should Consider When Writing a Patent Application for Global Examination and Licensing” Panel Members: Kirsteen Gordon, Marks & Clerk LLP; Donald McNab, Marks & Clerk LLP; James Mullen, Morrison & Foerster LLP; Patrick McManamny, FB Rice

I4: “Hot Topic Addressing an April 2018 Development” I5: “Emerging Developments at the Intersection of IP, Blockchain and Cyptocurrency” Speaker: Jim Malakowski, Ocean Tomo; Jason Cohen, Chief Technology Officer, Intellectual Property Coin Group, Inc.

I6: “U.S. High Tech Royalty Rate and FRAND Royalty Rate Survey Results”

Panel Members: Tom Rouse, Qualcomm; Bob Held, Held IP; Richard Pinckney, Bristows; Jack Lu, IPMap LLC; Matteo Sabattini, Ericsson; José Miguel Lissén, Gómez-Acebo & Pombo Abogados, S. L. P.

4:15 pm J1: “How to Best Protect Your Trade Secrets: A Global Perspective and Assessment.” Panel Member: Sergey Medvedev PhD, LLM, Gorodissky & Partners

J2: “Navigating Open Source Risk Assessments During Diligence”

Panel Members: Jennifer Pierce, Charles Russell Speechlys; Amy Chun, Knobbe Martens, Olson & Bear; Jeff Luszcz, Flexera; Moderator: Abraham Alegria Martinez, Alegria Martinez & Fernandez Wong

J3: “Organic Chaotic Innovation”

Panel Members: Craig Kenesky, Wilson, Sonsini, Goodrich & Rosati; Cleveland Justis, UC Davis Institute for Innovation and Entrepreneurship; Katharine Ku, Stanford University; Peter Anselmo, New Mexico Tech; Lionel Leventhal, Houlihan Lokey, Inc.; Moderator: Professor Lawrence J. Udell, LES Silicon Valley Chapter

J4: “Licensing Early Stage Technology”

Panel Members: Luke Dauchot; Dr. Bastian July; Kwang Jung (KJ) Kim; Moderator: Sanjay Prasad, Prasad IP, PC

J5: “Brand Contribution: Building, Protecting and Leveraging Brand Assets”

Panel Members: Lawrence Maxham, The Maxham Firm; Anne Bahr Thompson, Onesixtyfourth; Mark Chong; Tom Hume, Cali Bamboo; John Sarkisian, Motion Ventures; Jennifer Struebing; Moderator: Brian Buss, Nevium Intellectual Property Solutions

J6: “Patent Pool Mock Negotiation — Part 2”

Panel Members: Roberto Dini, Sisvel; Keith Lutsch, Blank Rome LLP; Heath Hoglund, Dolby Laboratories, Inc.; Christopher J. Kelly, Mayer Brown LLP

17 | March 2018

Panel Members: Konstantina Katcheves, VP & Assistant General Counsel, IP, Agilent Technologies; John Fortin, Director of Licensing, Lonza Pharma; Moderator: Anne Li, Crowell & Moring LLP

Panel Members: John Cabeca, U.S. Patent and Trademark Office; Ivan Chaperot, Novalto Capital; Didier Patry, France Brevets; Eric Setton, Tango Moderator: Patrick Terroir, Innovation Legal

Saturday, April 28, 2018—Education Session 8:00 am–5:00 pm Advanced Negotiation Skills – Day 1

Understand the principles underlying effective negotiation; learn and practice skills to become a better negotiator; take home new ideas and reference material to be used in preparing and executing the next negotiation.

Sunday, April 29, 2018—Education Session 8:00 am–5:00 pm Advanced Negotiation Skills – Day 2

Wednesday, May 2, 2018—Education Sessions 8:00 am–5:00 pm Best Practices in IP Licensing – Day 1

During this two-day interactive program, you’ll hear firsthand tales from the trenches as industry experts shed light on best practices for structuring and negotiating transactions. Learn from their experiences and leave armed with the key components you need to successfully close transactions. The high teacher-student ratio optimizes one-on-one interactions with the content leaders and your peers so you gain the most from the program. This course is designed for business development, legal, and technical professionals new to day-to-day management responsibilities of leveraging intellectual property assets, as well as those with a few years of IP transactional experience seeking to enhance the breadth of their skills. There are no prerequisites to take this course; however, IP & Licensing Basics or IP Business Basics 101 are recommended.

8:00 am–5:30 pm CLP Exam Review Course

Taught by experienced CLP-certified LES members, the emphasis of this course is on the eight CLP domains, the practice exam questions, and the participants’ results. The review also includes access to our Virtual Knowledge Community, providing another opportunity for participants to review the domains and to ask questions of the LES experts. Of those who have taken this review course and the exam, 80 percent have passed. Earning CLP credentials establishes credibility among your colleagues, shows that you understand and utilize the latest industry practices, recognizes your experience and qualifications, and demonstrates your commitment to professional development. Course Objectives include: • Comprehend conflicts of interest, such as those arising from an attorney’s representation of an organization. • Learn about litigation conduct truthfulness in statements to others. • Understand attorneys’ confidentiality obligations to their clients.

Thursday, May 3, 2018—Education Session 8:00 am–5:00 pm Best Practices in IP Licensing – Day 2

Photos: Carla J. Blackman

18 | LES Viewpoints

Past LESI Meeting Education And Networking in San Diego—Join Us This Year!

Registration & Meeting Information The all-inclusive 50th LESI Conference registration fee includes all workshops, panels, breakfasts, lunches and gala reception. To be included in the Attendee Roster your registration must be received by April 6, 2018.

Peter Hess

LESI President

Russell Levine Co-Chair

Bill Elkington

LES (U.S.A and Canada) President

Claire Driscoll Co-Chair

LESI 2018 ANNUAL CONFERENCE - HOTEL Manchester Grand Hyatt Hotel, San Diego One Market Place San Diego, CA 92101-US Tel: 619-232-1234 Reserve Online: https://aws.passkey.com/go/LESI2018 Reserve by Telephone: Use block code G-LESC Within the United States call: 888.421.1442 Outside the United States call: 800.304.9288 Hotel Reservation Discount Deadline: April 11, 2018 If you have any problems reserving your hotel room, please contact Kelli Baxter at LES directly: kbaxter@les.org.

REGISTER Registration Fees $1,395 $1,595 LESI & LES (U.S.A. and Canada) Members Early Bird Registration • All Workshop & Panel Sessions • Breakfasts • Lunches • Wine and Cheese Event • Networking Events • Welcome Reception & Gala Dinner Contact: membership@les.org

$225

LESI & LES (U.S.A. and Canada) Non-Members Early Bird Registration

LESI & LES (U.S.A. and Canada) Members Accompanying Guest Registration (NON-INDUSTRY)

• All Workshop & Panel Sessions • Breakfasts • Lunches • Wine and Cheese Event • Networking Events • Welcome Reception & Gala Dinner

• Networking Breakfasts • Wine and Cheese Event • Networking Events • Welcome Reception & Gala Dinner

SPONSORSHIPS We cordially invite you to become a sponsor or exhibitor at the Licensing Executives Society International (LESI) 2018 Annual Conference in San Diego, California. From April 29 to May 2, 2018, we anticipate 500+ intellectual property professionals from around the world to connect with us and with one another. Showcase your business to the most influential minds in the industry and decision-makers within their organization.

For more information contact: sponsors@les.org

Educational programming will be offered both before and after LESI 2018. See www.lesusacanada.org/education for details regarding courses.

Enjoy outdoor networking overlooking San Diego Bay. The Manchester Grand Hyatt near downtown San Diego offers a spectacular waterfront resort-like setting, complete with shopping, dining, and entertainment venues.

19 | March 2018

Photo: Carla J. Blackman

On-Site Registration Available