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Keynotes by:
Paul R. Michel
C.A.F.C. Chief Judge, retired
The 2011 Midwest
Intellectual
Property
Institute
All the Significant New IP Developments –
Identified, Analyzed, Explained!
Thursday & Friday, September 22 & 23, 2011
Minnesota CLE Conference Center
Seventh Street & Nicollet Mall, Third Floor City Center, Minneapolis
Gerard F. Rogers
T.T.A.B. Chief Judge
Filip De Corte
Chief IP Counsel for Europe, Cargill
David A. Gauntlett
Principal, Gauntlett & Associates
New for 2011:
36 All-New Sessions by Leading
IP Lawyers
New Crash Course Option for
Lawyers New to IP
New Edition of The IP Book
All-Star Faculty Including Senior In-House Counsel
from 3M, Best Buy, bluestem brands, Cargill,
Ecolab, Hawkins Inc., Honeywell, Medtronic,
Thomson Reuters, UnitedHealth Group,
University of Minnesota, Valspar and Wells Fargo.

World-class intellectual property education
tackling today’s most important issues.
All the New Developments and Their Implications –
Cut Through the Noise
These days you don’t lack for information. The Supreme Court issues
a decision or an agency issues regulations – before the day is out your
inbox is likely near-flooded with the news (not to mention tweets, blog
posts and sundry other methods for getting the word out fast). Such
news delivery is useful in its way, to be sure, but when multiplied
by the constant stream of new developments, it also creates a lot of
“noise” that you’re left to sort through.
The Institute helps you cut through that noise because it’s a onestop
conference – one place, two days – providing comprehensive
coverage of the intellectual property law landscape and its changes.
Our Institute faculty have studied these developments, distilled the
information, considered the implications, and added their insights and
practice tips to develop the most practical instruction for you.
A Talented Faculty All Preparing to Deliver
Practical, Timely Education
You’ll learn from, and can compare your practices with, experienced
attorneys from private practice and IP-intensive industries. This year’s
faculty also includes CAFC Chief Judge Paul Michel (ret.), TTAB
Chief Judge Gerard Rogers, and federal District Court Judge James
Rosenbaum (ret.). You’ll also hear from senior in-house counsel
from 3M, Best Buy, bluestem brands, Cargill, Ecolab, Hawkins Inc.,
Honeywell, Medtronic, Thomson Reuters, UnitedHealth Group,
University of Minnesota, Valspar and Wells Fargo.
4 All-New Alternate Plenary Sessions –
A Practical Crash Course
Looking for additional grounding, or a refresher, in one of the major
IP areas? Check out this year’s four new alternate plenary sessions:
“Conversational Patent,” “How to Clear and Register Your First
Trademark,” “Top 10 Tips for Representing Copyright Owners,” and
“How to Review a Client’s IP Portfolio.”
We’ve designed these fast-paced sessions to be extremely practical.
Useful on their own, they also provide solid footing as you head into
the more in-depth breakout sessions.
We Let You Create the Program that Best
Meets Your Needs – You Choose from More
than 30 Sessions
Everyone comes with differing educational needs. That’s why
we’ve created a conference that lets you choose the sessions
most relevant and important to you. From start to finish, your
custom-tailored Institute schedule promises to be jam-packed
with topics you care about.
With so many sessions to choose from, we help guide you
to relevant programming by labeling tracks such as “Patent,”
“Trademark/Copyright,” “In-House Counsel,” “The Business of
IP,” and “Litigation.” But you’re the boss – feel free to select
sessions from any track at the Institute. For instance, maybe you
don’t litigate cases, but there’s a “litigation” session that could
prove helpful to your advisory practice. Or, you’re an experienced
trademark practitioner, but find that you’d like to take some
“patent” sessions to expand your knowledge base. Go for it! In
addition, you’ll receive materials from every session – both those
you attend and those you do not – on the CD-ROM that contains
the 250-page Midwest IP Institute 2011 Course Manual and
electronic versions of the 2011, 2010, and 2009 editions of
The IP Book. The CD-Rom is fully searchable and easy to use.
The Conference Will Provide You with New
Tools and New Energy
A worthwhile conference provides you with new information,
new ideas, new resources and new energy to do the tasks you
need to do. We are confident that the Midwest IP Institute will
deliver those benefits to attendees. You will leave the Midwest
IP Institute with additional insights, knowledge and practice tips
that you can use to be an even better practitioner. You also will
leave with one-of-a-kind reference resources to save you time
and research dollars throughout the year.
The New 2011 IP Book – A Quick
and Easy One-Stop Update, Including
Highlighted Practice Tips Throughout
In addition to helpful update sessions, we
provide every attendee with the 13-chapter
2011 edition of The IP Book, a bound
collection of updates on case law in all
major areas of intellectual property law.
Throughout the book, authors have provided
valuable practice tips arising from these new
developments.
Chapter 1. Federal Circuit Year in Review 2010–2011
Chapter 2.
Chapter 3.
Chapter 4.
Chapter 5.
Chapter 6.
Chapter 7.
Chapter 8.
Microsoft v. i4i
Developments in the Law of Patent Remedies
2010–2011
Recent Federal Circuit Decisions Concerning
Correcting Patents through Reissue
Divided Infringement: The Enforceability of
Patents (or Not) in the Age of Multiple Actors
and Outsourced Infringement
False Patent Marking Claims Under
Attack: Heightened Pleading Standards,
Constitutional Challenges, and Legislative
Action
Copyright Highlights: Noteworthy Cases
2010–2011
Critical Trade Secret Developments
2010–2011
Chapter 9. Top Ten Trademark Decisions of 2010–2011
Chapter 10. Top Ten TTAB Decisions of 2010–2011
Chapter 11. Top Ten UDRP Decisions for 2010–2011
Chapter 12.
Chapter 13.
The Year in Keyword Advertising
Social Media: Ten Noteworthy Cases in
2010–2011

Dozens of New Sessions for Prosecutors, Advisors, and Litigators.
We have designed dozens of new sessions for this year’s Institute including:
All Materials Come on a Fully
Searchable CD-Rom
You’ll receive the entire 250-page Midwest
IP Institute Course Manual – plus electronic
versions of the 2011, 2010, and 2009
editions of The IP Book – on a fully
searchable CD-Rom. In addition, at each
session you attend, you’ll receive a set of
materials in hard-copy form so that you can follow
along. It’s the best of both worlds!
And You’ll Enjoy High-Quality
Conference Amenities, a Chance to
Win Great Prizes and a Can’t-Miss
Networking Opportunity!
The Institute includes amenities to make the entire
conference a comfortable, enjoyable affair –
breakfast each morning, snacks and beverages
during breaks, a chance to win one of 3 Apple
iPad2s, a five-star reception with gourmet hors
d’oeuvres and more. It’s a fun and relaxed
conference setting in which to network. You’ll have
plenty of time to visit with friends, clients, potential
clients and other colleagues throughout the two
days.
Sponsoring Firms
• How to Understand the New
Patent Law: Analysis by Chief
Judge Michel
• Top Tips for TTAB Advocacy
Including Insights from the
Chief Judge
• The Power IP Update 2011
• IP Issues in Contracts:
Beyond Ownership and
Infringement
• European Prosecution and
Opposition – “On the Ground”
Insights from Cargill’s Chief
European IP Counsel
• Judge Michel on How to Win
Appeals at the Federal Circuit
and Other Courts of Appeals
• New Developments in IP
Insurance
• Software IP Issues in
Business Acquisitions
• How to Review a Client’s IP
Portfolio
• Measuring Consumer
Confusion through Online
Surveys
• IP and Business Issues in
Cloud Computing
• Inequitable Conduct After
Therasense
• The Intersection of IP and
Employment Law: What IP
Lawyers Need to Know
• Increasing Your Company’s
IP IQ
• The Enforceability of Patents
(or Not) in the Age of
Combined Infringement
• How to Clear and Register
Your First Trademark
• Madrid Protocol Update
• The Role of Consumer
Surveys in Proving Patent
Infringement Damages
• Top 10 Tips for Representing
Copyright Owners
• How to Negotiate and Draft
Indemnification Clauses in IP
Transactions
• Anatomy of an IP License
Agreement
• What Lawyers Need to
Know about Attorney-
Client Privilege in Joint IP
Representations
And many more!

SCHEdULE – Day 1
Morning Plenary Sessions
8:15 – 8:50 a.m. CHECK-IN & CONTINENTAL BREAKFAST
8:50 – 9:00 a.m. WELCOME & INTRODUCTION
Choose your Plenary Sessions
Main Plenaries
9:00 – 9:45 a.m.
How to Understand the New Patent Law:
Analysis by Chief Judge Michel
The evolving content of the 150-page proposed legislation will
impact all IP practitioners. Recent case law developments already
do. But the language of the patent reform bill and recent decisions
of the Supreme Court and the Federal Circuit mask more than they
explain. Hear the former Chief Judge of the Federal Circuit unpack
the complexity and explain how to analyze and apply the new law.
– Chief Judge Paul R. Michel, ret.
9:45 – 10:15 a.m.
Trends at the TTAB: Insights from the Chief Judge
Chief Judge Gerard Rogers discusses:
• USPTO Strategic Plan initiatives for the TTAB
• The TTAB’s commitment to the issuance of precedential
decisions, and to timely revision of the TBMP, to guide and aid
practitioners
• How the Accelerated Case Resolution program is working
• What the TTAB may do to promote settlement discussions
• Trends in trademark issues arising at the TTAB and how the
Board is responding to them
– Chief Judge Gerard F. Rogers
10:15 – 11:00 a.m.
The Power IP Update 2011
The latest and greatest cases in each major area of IP law:
patents, trademarks, trade secrets and copyrights. An essential
case law update for anyone whose practice involves intellectual
property law.
– David J.F. Gross
Alternate Plenaries – “Crash Course”
9:00 – 10:00 a.m.
How to Clear and Register Your First Trademark
Designed for trademark rookies, this session will explain the
importance of searching and clearing trademarks so that you
select a mark that doesn’t infringe on another’s trademark
rights. You’ll learn how to federally register trademarks, why it is
important to do so, and how to respond if your initial application
is refused.
– Sarah A. Lockner
10:00 – 11:00 a.m.
Conversational Patent: 20 Phrases You Need
to Know
Few areas of the law are as complex and jargon-filled as patent
law. This session is geared towards the non-patent lawyer,
both outside and in-house, who needs to speak confidently and
knowledgeably to colleagues, clients and even cocktail party
guests about patent issues. The session will give an overview of
the basics of patent prosecution, infringement claims, licensing
and patent concerns in mergers and acquisitions. Attendees
are encouraged to bring their questions and participate in the
discussion.
– Alan M. Koenck, Rita Anne O’Keeffe & Keiko L. Sugisaka
Trademark & Copyright Patent
Business of IP
In-House Counsel
11:15 a.m. – 12:15 p.m.
Breakout Session A
1. The Year in Patent Law at the CAFC and U.S. Supreme
Court
This session focuses on noteworthy recent CAFC and U.S.
Supreme Court patent decisions, moving beyond the basic
holdings to an exploration of how the decisions are really
impacting legal counseling and litigation.
– John A. Dragseth & Kevin H. Rhodes
2. Top Tips for TTAB Advocacy
The Chief Judge of the TTAB and an experienced trademark
lawyer will provide guidance on how to best litigate a case before
the board; including motion practice, how the new procedural
rules are being interpreted, settlement options for litigants, how to
best utilize interlocutory attorneys and more.
– Chief Judge Gerard F. Rogers & Elizabeth C. Buckingham
3. IP Issues in Contracts: Beyond Ownership and
Infringement
Building on last year’s presentation on core IP issues in
commercial contracts, this session will address practical
concerns with other key provisions, such as confidentiality and
non-disclosure, anti-reverse-engineering restrictions and residual
knowledge. This session will focus on crafting and negotiating IP
provisions that reflect the parties’ underlying business objectives,
and provide practical advice on separating the important from
the unimportant when negotiating IP rights under business
agreements.
– Douglas Barnes & Stacy A. Schultz
4. The Intersection of IP and Employment Law: What IP
Lawyers Need to Know
This session will address the overlap in employment and
intellectual property issues, and what IP lawyers should know
about employment law, including: typical employment policies
related to IP rights; drafting employment agreements; navigating
IP disputes involving employee rights and obligations; key case law
relating to the intersection of IP and employment law; and other
trends and developments.
– Jacqueline R. Rolfs & Becky R. Thorson
12:15 – 1:30 p.m. Institute Luncheon – Radisson Plaza Hotel
1:30 – 2:30 p.m.
Breakout Session B
5. How to Win Appeals at the Federal Circuit and Other
Courts of Appeals
The likes and dislikes, the hopes and the horrors, the mindsets and
blind spots of appellate judges all matter, but they cannot be found
in books. Hear an insider perspective from the former Chief Judge of
the Federal Circuit. He can now speak without any restraints. Winning
cannot be guaranteed, of course, but improving the odds can be.
– Chief Judge Paul R. Michel, ret.
6. Measuring Consumer Confusion through Online Surveys
The Internet is used to capture consumer data on a daily basis. This
session discusses the practical and evidentiary issues in measuring
consumer confusion for trademark disputes using the Internet. The
topics will include a discussion of the process to conduct an online
survey and acceptability of online surveys in the courts and trademark
office.
– Hal Poret & William D. Schultz
7. Strategic IP Management: Reality or Myth?
It is popular to assert that intellectual property issues and
portfolios should be managed “strategically.” The issues are:
what does “strategically” mean and what does it accomplish?
In many “strategically managed” portfolios, strategic direction is
lacking as well as the tools indicative of strategy such as overall
budgeting, communication tools for identification of strategy, and
documentation that supports strategy and decision making. The
speakers will examine proven approaches for good management
of IP issues, with a focus on patent portfolio development and
contested (litigation) issue management.
– Randy A. Hillson & Karen D. McDaniel
8. IP and Business Issues in Cloud Computing
Cloud computing represents a paradigm shift in how companies
contract for software and information technology services, but
many of the best practices from traditional models still apply. In this
session, two tech-savvy lawyers explain:
• what cloud computing is
• how companies are using the cloud
• IP issues in the cloud
• concerns about data ownership and data security
• risks to be considered in service provider agreements
– Christopher R. Hilberg & Daniel A. Tysver
11:00 – 11:15 a.m. BREAK

2:45 – 3:45 p.m.
Breakout Session C
9. Inequitable Conduct After Therasense: “Scourge” Eliminated or
Unchanged?
The inequitable conduct defense allows accused patent infringers to render an entire
patent unenforceable where they demonstrate that the patentee acted with the specific
intent to deceive the PTO as to any single claim. This up-side potential has resulted
in the reflexive assertion of the defense. Courts, considering the defense a “scourge”
or “plague,” have created various, and often conflicting, legal standards to limit the
defense’s assertion. With multiple legal standards in play, the U.S. Court of Appeals
for the Federal Circuit released its en banc decision in Therasense Inc. v. Becton,
Dickinson & Co. to tighten the standards for proving inequitable conduct. This session
will review the history of the defense, the applicable standards for materiality and intent,
and the consequences of those standards for patent prosecutors and litigators.
– Felicia J. Boyd & Tim Clise
10. The Year in Trademark Law: Lessons from Ten Cases Involving Fashion,
Food, Liquor and Entertainment
Trademark attorneys Stephen Baird and Paul Mussell analyze the practical implications of
this year’s ten most significant trademark decisions; including Superior Seafoods, Inc. v.
Hanft Fride P.A., Levi Strauss & Company v. Abercrombie & Fitch Trading Company, and
Eva’s Bridal Ltd. v. Halanick Enterprises Inc. This year’s cases reinforce valuable lessons
about likelihood of confusion, assignment of trademark rights, dilution, and trademark
licensing.
– Stephen R. Baird & Paul W. Mussell
4:00 – 5:00 p.m.
Breakout Session D
13. Divided Infringement: The Enforceability of Patents (or
Not) in the Age of Combined Infringement
If multiple actors combine to practice the limitations of a patent
claim, does a patent holder have a remedy against any of them? Is
“divided infringement” infringement at all? A panel of experienced
patent lawyers and litigators discuss the state of the law of
“divided infringement” and the challenges it presents for patent
holders, prosecutors, and litigators.
– Timothy A. Czaja, Jeffrey J. Hohenshell & Terrance C. Newby
– Aaron Myers, moderator
14. The Madrid Protocol: Success, Failure or Somewhere in
Between?
Earlier this year, the World Intellectual Property Organization (WIPO)
announced that international trademark filings under the Madrid
Protocol increased by 12.8% last year. The biggest increases came
from South Korea and China, and U.S. filings were up by 30%. When
the U.S. joined the Madrid Protocol in 2004, many practitioners
touted the benefits of the Madrid system for U.S. clients, while
others advised caution. The reality lies somewhere in between. The
panel will explore what has worked, what hasn’t and what the future
holds.
– Edward R. Courtney, Jay Erstling & Sandy Epp Ryan
– Dean R. Karau, moderator
5:00 – 6:00 p.m.
Five-Star
Reception
Join your colleagues for:
Gourmet hors d’oeuvres
Fine wines
Local beers
Networking in a relaxed setting
A chance to win great prizes!
Register for a
Chance to Win!
11. Anatomy of an IP License Agreement
This session will cover key provisions of intellectual property license agreements, with
a focus on various structures of clauses and options to consider when drafting and
reviewing. The discussion will focus on practical issues in drafting and dealing with
license grants, royalties and other consideration, allocating rights and obligations for
prosecution and enforcement, warranties, indemnification, issues presented by joint
development, differences in license issues for different types of intellectual property,
and other key terms.
– Michael T. McCormick
Ethics
15. “No Secrets” or “Keep Secrets”? – What Lawyers
Need to Know about the Viability and Extent
of the Attorney-Client Privilege in Joint IP
Representations
1.0 ethics credit (applied for)
This breakout session will examine the law and the practical
considerations affecting the attorney-client privilege
when lawyers represent multiple clients in IP matters.
The program will also address: (1) the impact of common
interest and joint defense agreements on privileged
communications; and (2) who controls the privilege when
intellectual property is conveyed pursuant to an asset
purchase agreement or a stock purchase agreement.
– David L. Sasseville
Register for a chance to win one of 3
iPad2s! The prize drawing will take
place at the reception on Thursday,
September 22, and you must be
present at the reception during the
prize drawing to win. Any person may
receive an entry slip on Thursday,
September 22, at the Institute
registration desk until the reception begins at 5:00 p.m.
Registration for the 2011 Midwest IP Institute is not
required. The following individuals are not eligible to
win: Institute faculty, planners and IP Book authors;
employees of Minnesota CLE and the Minnesota State
Bar Association, as well as family members of those
employees.
12. Raising Your Company’s IP IQ
Understanding your company’s IP IQ is important, raising it is even more important.
Come hear from a panel of in-house counsel who have done just that. The panelists
will offer practical advice about identifying how management – of both large and
small companies – treats their IP and how to increase their IP acumen. Topics
include maximizing the value of your IP investment, trademarks and branding-related
matters, trade secret protection, enabling innovation, invention submissions, strategic
enforcement and other critical IP issues.
– Hildy Bowbeer, Richard G. Erstad & Harry J. Gwinnell
– Kari J. Wangensteen, moderator
16. Walking in a Wiki Wonderland: What Businesses Can
Learn about Protecting Trade Secrets and Confidential
Information from the WikiLeaks Debacle
We all know about WikiLeaks, now learn what it means for your
business. An expert panel of in-house and outside counsel will
address the threats that the internet, rogue websites, and advancing
technologies pose to confidential information and trade secrets.
Learn about inadvertent disclosure and how to protect against, and
react to, it.
– James Joslin, Randall E. Kahnke, Christopher M. Turoski &
Andrew F. Ubel
Special thanks to our
Sponsoring Firms for
making the reception a
truly five-star aFFair.

SCHEdULE – Day 2
Morning Plenary Sessions
8:30 – 8:50 a.m. Continental Breakfast
8:50 – 9:00 a.m. Welcome & Introduction
Choose your Plenary Sessions
MAIN PLENARIES
9:00 – 9:45 a.m.
IP in Europe: A Greek Drama in Many, Many
Episodes
Europe has an ambivalent attitude vis-à-vis intellectual property.
Even though the benefits of innovation are heralded as essential
to build an economy for the future, there is an inbred feeling that
intellectual property is a necessary evil rather than a sought-after
good. This ambivalence is reflected in the strange exceptions
to patentability that are defined in the EPC, in the heroic battles
that are fought at the European Parliament level with respect to
IP rights on software as well as in the constantly failing attempts
to come to a unitary patent and a unitary patent litigation system.
Some recent decisions with respect to Community Trademarks as
well as some copyright issues will be discussed as well.
– Filip De Corte
9:45 – 10:45 a.m.
Buried Treasure and Other New Developments in
IP Insurance
Business tort claims may implicate coverage under a variety of
policy forms – Commercial General Liability, Umbrella, Excess,
International, Errors & Omissions, Directors & Officers, Kidnap
& Ransom to name but a few. Exclusions which at first glance
appear to bar coverage such as provisions limiting coverage
for intellectual property insurance, such as the Web Xtend
Endorsement from Travelers, or the intellectual property exclusion
from Chubb or St. Paul, might not have the restrictive impact the
insurer anticipates where the insurer fails to properly inform its
insured of the impact of the proposed restrictions on existent
coverage.
– David A. Gauntlett
ALTERNATE PLENARIES – “Crash Course”
9:00 – 9:45 a.m.
Top 10 Tips for Representing Copyright Owners
Copyright protection applies to many types of creative works,
so you may receive copyright-related questions from clients
representing diverse industries. In this fast-paced session, you’ll
learn the benefits of registering a copyright and how to do it, how
to enforce copyrights against infringers, and how to respond to
client questions about copyright law; including the limits of the fair
use doctrine.
– Ruth Rivard
9:45 – 10:45 a.m.
How to Review a Client’s IP Portfolio
Have you checked your IP lately? Companies often start
businesses with a business plan, strategies and the ability to do
something well, but few companies begin with the strategy of
securing their IP. Instead, the IP exists in the company and might
not be protected well or at all. This session provides practical
guidance on where to begin with the client to help them gain an
understanding of what it has and how to confirm it is secured.
– Tricia A. Olson
10:45 – 11:00 a.m. Break
Trademark & Copyright Patent
In-House Counsel
Litigation
11:00 a.m. – 12:00 p.m.
Breakout Session E
17. A Closer Look at Reexamination in 2011 and Beyond
Tim Bianchi surveys three hot topics in patent reexam:
• Best practices for drafting and prosecuting patent applications
to survive reexam
• Lessons from some of the larger reexamination campaigns of
how reexams are being used in parallel litigation
• Update on how patent law reform may impact reexam
– Timothy E. Bianchi
18. Copyright and Content Licensing: What’s New and
What Must We Know to Advise Our Clients
To paraphrase Justice Holmes, “The life of copyright has not been
logic; it has been experience and responses to technological
advancements and new market opportunities.” Our clients’
methods for capturing, delivering and making money from using
content are expanding and evolving, and Congress and the
courts are reacting to those changes with new laws and novel
interpretations. This session will provide an update on recent
cases involving the licensing of content, an analysis of the key
provisions of a Content License Agreement, and a review of some
of the latest licensing strategies.
– Gregory C. Brown
19. Software IP Issues in Business Acquisitions
This session looks at software-related assets as a form of IP that
needs buyer and seller attention in business acquisitions. Sellerowned
software may have ownership issues, and underlying IP
supporting exclusivity may have any of the validity, freedom-to-use
or other value-affecting frailties present with other IP. Licensed-in
software can raise many contractual issues from under-licensing
of users, to troubling risk allocation in the license, to a mismatch
between the license terms and the way the software is or will
be used post-acquisition. Issues relating to license assignability
and open source may also be present. Deal attorneys looking at
software IP issues may also be drawn into IT issues, e.g., absence
of viruses, presence of disaster recovery plans, adequate security
procedures, and software quality assurances.
– Stuart R. Hemphill & Apur R. Patel
20. Navigating the Waters of IP Settlements: Bringing Your
Case to Dock
Our expert panel will discuss current trends and strategies in IP
settlements. This is a “must attend” for both outside and in-house
counsel seeking practical, creative and cutting-edge ways to
achieve cost effective, business oriented resolutions to their most
troublesome IP cases in today’s legal/business climate.
– Hildy Bowbeer, Richard G. Morgan &
Hon. James M. Rosenbaum (Ret., D. Minn.)
– Michael M. Lafeber, moderator
12:00 – 1:15 p.m. Lunch – on your own
1:15 – 2:15 p.m.
Breakout Session F
21. European Prosecution and Opposition: An Exercise in
Hyper-textualism
The European case law with respect to sufficiency of disclosure
(Article 83 EPC) and added-matter (Article 123(2) EPC) are becoming
important stumbling blocks for patents to be granted but even more
so, these articles are developing into lethal weapons in opposition.
Recent case law will be reviewed and some practical guidance will be
given on how to deal with these two articles with special attention for
US originating applications.
– Filip De Corte
22. Copyright Year in Review – Constitutional Issues, The
Righthaven Saga, Bratz and More
Copyright law experts discuss the practical implications of recent
important copyright developments, including the decisions in Sony
BMG v. Tenenbaum, Golan v. Holder, Gaylord v. United States, and
MGA Entertainment, Inc. v. Mattel, Inc.
– Donna H. Gies & Calvin L. Litsey
23. How to Negotiate and Draft Indemnification Clauses in IP
Transactions
A number of issues arise where the payor is an insurer or indemnitor.
Who will control counsel? Will conflicts of interest permit the
insured/indemnitee to retain counsel at the insurer’s expense? If
indemnification is owed, does it create a duty to reimburse the
defense fees after a specific self-insured retention threshold is
exceeded? Or is there a duty to both defend and indemnify where
selection of counsel may be controlled by the indemnitor? Is there
a provision requiring that the counsel be subject to the approval
of the indemnitee? If these issues are not addressed can they be
negotiated? Before resolving insurance coverage indemnification
disputes, is it best to await resolution of the underlying litigation so
that the existence of the indemnity relationship and factual disputes
as to its applicability do not negatively affect that litigation?
– David A. Gauntlett
24. The Role of Consumer Surveys in Proving Patent
Infringement Damages
Recent Federal Circuit decisions have emphasized how consumer
perceptions and behavior impact damages in patent infringement
cases. This session will present a practical approach to effectively
using consumer surveys in patent cases. Topics will include the
selection of experts, how to avoid common pitfalls when developing
survey evidence, and the effective presentation of survey evidence
at trial.
– Christopher K. Larus & Andrew D. Sorensen

2:30 – 3:30 p.m.
Breakout Session G
25. Patent Reform Update: What It Means to
Practicing Patent Lawyers
If patent reform is enacted before the Institute, this
session will focus on the real-world implications
for patent practice; including new post-issuance
proceedings, options for meaningful third-party
submissions, and changes to Section 102. If patent
reform is still pending, this session will focus on the
likelihood of its eventual passage, intermediate steps
the Congress may take to implement reforms and
best practices for patent prosecution in either event.
– Brad D. Pedersen
Elimination of Bias
26. “GQ” and the IP Lawyer: What’s
Gender Got to Do with It?
1.0 elimination of bias credit (applied for)
In this interactive workshop, seasoned
attorney and executive coach Kathleen Marron
presents a model for understanding the
spectrum of key gender differences in how
lawyers (and inventors) communicate, lead,
and negotiate. She applies this model to real
experiences from IP litigation, and includes
current research on the science of implicit
bias and gender brain-based neurological
and behavioral differences. In this humorous
and content-rich workshop, attendees will
learn a process for increasing their gender
intelligence (or “GQ”) about the strengths that
both genders’ styles bring to IP practice.
– Kathleen A. Marron
27. Domain Names & Trademarks: UDRP
Fundamentals in the Context of Real-World
Cases
As the number of registered Internet domain names
continues to grow exponentially, and with the value of
some domains reaching the hundreds of thousands to
millions of dollars, domain name issues are becoming
increasingly central to trademark disputes. This
session discusses the rules, procedures, and practical
considerations governing trademark disputes relating
to Internet domain names, in particular how to mount
and defend actions under the Uniform Domain Name
Dispute Resolution Policy (UDRP). This session will
center on real-world UDRP cases and will also touch
upon some of the upcoming changes to the Internet
domain name system.
– Christopher R. Smith & Garrett M. Weber
FACULTY & PLANNERS
GUEST
SPEAKER
PLANNER
Stephen R. Baird
Winthrop & Weinstine, P.A.
Minneapolis
Douglas Barnes
Gibson Dunn
New York City, New York
Timothy E. Bianchi
Schwegman Lundberg &
Woessner, P.A.
Minneapolis
Hildy Bowbeer
3M Innovative Properties
Company
Saint Paul
Felicia J. Boyd
Barnes Thornburg, LLP
Minneapolis
Gregory C. Brown
Office of General Counsel
University of Minnesota
Minneapolis
Elizabeth C. Buckingham
Dorsey & Whitney LLP
Minneapolis
Caldwell Camero
Best Buy Co., Inc.
Richfield
Tim Clise
Clise, Billion & Cyr, P.A.
Minneapolis
Edward R. Courtney
Ecolab, Inc.
Saint Paul
Timothy A. Czaja
Dicke, Billig & Czaja, PLLC
Minneapolis
Filip De Corte
Cargill
Brussels, Belgium
John A. Dragseth
Fish & Richardson, P.C.
Minneapolis
Richard G. Erstad
Hawkins, Inc.
Minneapolis
Jay Erstling
William Mitchell College of Law
Saint Paul
Frank S. Farrell
F.S. Farrell, LLC
Edina
David A. Gauntlett
Gauntlett & Associates
Irvine, California
Donna H. Gies
Thomson Reuters
Eagan
David J.F. Gross
Faegre & Benson, LLP
Minneapolis
Harry J. Gwinnell
Greenblum & Bernstein, P.L.C.
Reston, Virginia
Stuart R. Hemphill
Dorsey & Whitney LLP
Minneapolis
Christopher R. Hilberg
Best Buy Co., Inc.
Richfield
Randy A. Hillson
Merchant & Gould, P.C.
Minneapolis
Jeffrey J. Hohenshell
Medtronic, Inc.
Brooklyn Park
James Joslin
Honeywell Inc.
Golden Valley
Randall E. Kahnke
Faegre & Benson, LLP
Minneapolis
Dean R. Karau
Fredrikson & Byron, P.A.
Minneapolis
Timothy M. Kenny
Fulbright & Jaworski LLP
Minneapolis
Alan M. Koenck
Kinney & Lange, P.A.
Minneapolis
Michael M. Lafeber
Briggs and Morgan, P.A.
Minneapolis
Christopher K. Larus
Robins, Kaplan, Miller & Ciresi, L.L.P.
Minneapolis
Calvin L. Litsey
Faegre & Benson, LLP
Minneapolis
Sarah A. Lockner
3M Innovative Properties Company
Saint Paul
Michael T. McCormick
Dorsey & Whitney LLP
Minneapolis
Karen D. McDaniel
Merchant & Gould, P.C.
Minneapolis
Kathleen A. Marron
The Marron Alliance
Golden Valley
Todd Messal
Boston Scientific Corporation
Maple Grove
Hon. Paul R. Michel
(ret., CAFC)
Chevy Chase, Maryland
Richard G. Morgan
Bowman and Brooke LLP
Minneapolis
Paul W. Mussell
Wells Fargo
Minneapolis
Aaron Myers
Barnes Thornburg, LLP
Minneapolis
Adonis A. Neblett
Fredrikson & Byron, P.A.
Minneapolis
Terrance C. Newby
Leffert Jay & Polglaze, P.A.
Minneapolis
Rita Anne O’Keeffe
bluestem brands, inc.
Eden Prairie
Tricia A. Olson
Olson IP & Business Consulting
Minnetonka
Thomas J. Oppold
Larkin, Hoffman, Daly &
Lindgren, Ltd.
Minneapolis
Devan V. Padmanabhan
Dorsey & Whitney LLP
Minneapolis
Apur R. Patel
UnitedHealth Group
Minnetonka
Brad D. Pedersen
Patterson Thuente Christensen
Pedersen, P.A.
Minneapolis
Hal Poret
ORC International
New York City, New York
Kevin H. Rhodes
3M Innovative Properties
Company
Saint Paul
Ruth Rivard
Leonard, Street and Deinard
Minneapolis
Hon. Gerard F. Rogers
Trademark Trial and
Appeal Board
Alexandria, Virginia
Jacqueline R. Rolfs
Honeywell Inc.
Golden Valley
Hon. James M. Rosenbaum
(Ret., D. Minn.)
JAMS
Minneapolis
Sandy Epp Ryan
Faegre & Benson LLP
Minneapolis
David L. Sasseville
Lindquist & Vennum PLLP
Minneapolis
Stacy A. Schultz
UnitedHealth Group
Minnetonka
William D. Schultz
Merchant & Gould, P.C.
Minneapolis
Christopher R. Smith
Lindquist & Vennum PLLP
Minneapolis
Andrew D. Sorensen
Ecolab, Inc.
Saint Paul
Keiko L. Sugisaka
Maslon Edelman Borman &
Brand, LLP
Minneapolis
Becky R. Thorson
Robins, Kaplan, Miller &
Ciresi, L.L.P.
Minneapolis
Christopher M. Turoski
Cargill, Incorporated
Minneapolis
Daniel A. Tysver
Beck & Tysver
Minneapolis
Andrew F. Ubel
Valspar Corp.
Minneapolis
Edna Vassilovski
Attorney at Law
Minneapolis
Kari J. Wangensteen
Best Buy Co., Inc.
Richfield
Garrett Weber
Lindquist & Vennum PLLP
Minneapolis
Barbara A. Wrigley
Oppenheimer Wolff &
Donnelly LLP
Minneapolis

The 2011 Midwest
Intellectual Property Institute
September 22 & 23, 2011 • Minnesota CLE Conference Center • Minneapolis, Minnesota
Minnesota Continuing
State Bar Legal Education
Association
2550 UNIVERSITY AVE W #160-S, SAINT PAUL MN 55114
Nonprofit Org.
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day 1 – Plenary
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A: #1 #2 #3 #4
b: #5 #6 #7 #8
C: #9 #10 #11 #12
d: #13 #14 #15 #16
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DAY 2 – Plenary
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DAY 2 – Breakout sessions
e: #17 #18 #19 #20
f: #21 #22 #23 #24
g: #25 #26 #27
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Cost of item(s)...........................$
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Hennepin Co. (outside Mpls.).................. 7.275%
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Anoka, Dakota or Washington Co. .......... 7.125%
All other MN............................................. 6.875%
Outside MN.............................................. exempt
[298-12 / tmm / lmp]
Midwest IP Institute –
Register Today!
Credits
Minnesota CLE will apply to the Minnesota State Board of
Continuing Legal Education for 10.75 standard CLE credits.
This total includes 1.0 ethics credit for breakout session #15
and 1.0 elimination of bias credit for breakout session
#26. If you attend these sessions and claim the ethics and
elimination of bias credits, you must deduct the special
credits from the 10.75 hours of standard credit. For example,
if you attend both session #15 and #26, you would claim 8.75
standard credits, 1.0 ethics credit and 1.0 elimination of bias
credit. The maximum number of total credits that attendees
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an accredited sponsor in Wisconsin and North Dakota.
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if fewer than 72 hours, a $25 administrative fee will be
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Please call Minnesota CLE at 651-227-8266 or 800-759-8840.
Or, visit us at www.minncle.org.