RPX Fall Conference 2011

Given the flurry of patent-related headlines in recent months, we look forward to lively discussions delving into current issues affecting the patent landscape.  We will examine how companies can improve their quantification of patent risk and what you need to know about the economics and motivations driving NPEs’ business models.  We will continue our ongoing approach to patent valuation and buying.  Also, RPX clients representing leading technology companies will exchange views on timely topics such as the impact of the America Invents Act, the effect of the Nortel transaction on the patent market, trends in alternative monetization models, and more.

CONFERENCE AGENDA

9:00A             Welcome

Speaker: Mallun Yen, Executive Vice President, RPX Corporation

9:15A             The Reality Behind the Patent Hype

Once a specialty area for patent attorneys and inventors, patents have been earning a higher profile with the notoriety of the Rockstar consortium’s $4.5B bid for the Nortel assets followed quickly by Google’s $12.5B corporate acquisition bid for Motorola.  Is this a bubble, outlier or the new norm for the patent market?  From our unique vantage point, we will discuss those questions and our insights on the market impact of these two significant events, including:

–        Trends in value expectations and volume changes in the market
–        NPE response in behavior and strategy
–        Implications for future syndicated acquisitions

Speaker: John A. Amster, CEO and Co-Founder, RPX Corporation

9:45A         Hot Topics on the Patent Industry

Given the flurry of patent-related news and developments in recent months, this session will present an exchange of perspectives on timely topics affecting the marketplace that keep patent executives up at night.  We will kick off with a panel of seasoned IP chiefs from notable technology companies, followed by a town-hall discussion.

–        Nortel’s effect on the public markets and NPE valuations
–        Increasing use of the ITC
–        Patent spin-outs, trades, fights by proxy, and alternatives to traditional monetization models
–        Patent risk management strategies that are/aren’t working
–        Consequences of companies spinning out their patents to NPEs or transferring patents to reduce settlement costs – is there a better way?

Speakers:

Horacio Gutierrez, Deputy General Counsel and Corporate Vice President of IP, Microsoft Corporation
Hance Huston, Director, Asia Pacific IP Licensing, IBM
Peter Toto, Vice President, IP Counsel, Sony Corporation of America

Moderator: Mallun Yen, Executive Vice President, RPX Corporation

11:15A           Break  

11:30A           A Data-driven Approach to Patent Acquisitions

One of the most frequent questions we are asked is how RPX values patents. Knowing how and what to buy in the patent marketplace is challenging for all market players.  While numerous variables mean there is no perfect recipe or “one-size fits all” methodology, we share for the first time our unique approach to patent valuation, which relies upon a confluence of patent analysis, financial modeling and metrics, patent market data, and NPE intelligence, all supplemented with necessary input from our clients.  Through case studies, we will examine several distinct situations highlighting our valuation framework.

Speakers:

Kevin Barhydt, Vice President, Head of Acquisitions, RPX Corporation
Steve Swank, Vice President, Client Relations, RPX Corporation
Steve Waterhouse, PhD, Chief Technology Officer, RPX Corporation

12:15P           Lunch

1:30P             Patent Acquisition and Litigation Update

This recurring session offers a review of key updates on recent patent litigation filings and acquisition activities in the patent marketplace with views into transaction volume, pricing, and other emerging trends. In particular, we will examine three key acquisition trends that have developed in recent months:

–        NPE litigation growth and number of multi-defendant cases
–        Impact of new NPE entrants on litigations
–        Effect of the Nortel transaction on the patent market

Speaker: Kevin Barhydt, Vice President and Head of Acquisitions, RPX Corporation

2:00P             The Natural History of the NPE

Understanding the economics and motivations driving NPE’s business models can provide an advantage in negotiations and other dealings with NPEs.  We will examine the differences between various types of NPE, their relationships with plaintiff counsel (including contingency fee arrangements), target return on investment in litigation campaigns, defendant composition, as well as the effect of their various strategies.

Speakers:

Eran Zur, President, RPX Corporation
Michele Moreland, Director, Acquisitions, RPX Corporation

2:45P             Break

3:00P            How to Quantify Patent Risk in Terms Your CFO Can Understand

When the CFO asks about your company’s exposure to patent risk, it can be challenging to provide answers to questions such as: What are our chances of being sued? How much will it cost?  What factors impact whether we will be targeted?  What patents are most likely to be litigated? How do we assess the risks of an acquisition? Leveraging RPX’s proprietary databases, we provide a structured framework for answering these questions using our unique methodology for predicting case frequency, severity and costs as well as walk through an actual company risk dossier.  This methodology serves as the basis for an actuarially certified underwriting model that has been approved by insurance regulators.

Speaker: David Anderson, Director, Corporate Development, RPX Corporation

4:00P             Patent Reform Legislation Has Been Enacted – Now What?

After many twists and turns, the America Invents Act was signed into law on September 16, 2011.  While most provisions address harmonization and patent quality, a handful of provisions affect patent litigation, including most notably the limitations on joinder of multiple defendants.  What has the Act’s impact been on case filings to date?  Will it change how NPEs litigate and which patents are litigated?  Will it be more challenging for defendants to coordinate their defense?  Beginning with a brief overview of key provisions of the Act, this panel will discuss its impact and provide data on recent case filings.  They will conclude by discussing other areas ripe for reform and efforts that are underway in which companies can get involved.

Speakers:

Sarah Guichard, Vice President, Patents and Standards Strategy, Research in Motion
Michelle Lee, Deputy General Counsel and Head of Patents and Patent Strategy, Google, Inc.
Kyle Jensen, Founder, PriorSmart
Ted Sichelman, Law Professor, University of San Diego

Moderator:  Robert Barr, Executive Director, Berkeley Center for Law and Technology, UC Berkeley School of Law

5:00P             Conference Adjourns