IP Value Summit 2017 Agenda

Calendar October 16-17, 2017

Monday, October 16, 2017

4:00 p.m. - 6:00 p.m. 

Registration 

6:00 p.m. - 8:00 p.m. 

Welcome Reception

Tuesday, October 17, 2017

8:00 a.m. - 9:15 a.m.

Registration and Breakfast 

9:15 a.m. - 9:30 a.m. 

Welcome

9:30 a.m. - 10:30 a.m. 

Opening Keynote Speaker

David Simon, Senior Vice President, Intellectual Property, Salesforce

10:30 a.m. - 10:45 a.m. 

Break

10:45 a.m. - 12:00 p.m. 

Panel Discussion – IP Strategy: Risks and Rewards Across the Intellectual Property Life Cycle

Our panel will discuss global IP strategy issues from a University, Industry, Tax and Legal perspective.

The panel will share their views on current and future issues impacting strategy at various stages of the IP life cycle including:

  • Innovation

  • Technology Transfer

  • Commercialization

  • Licensing and Collaboration

  • Protection and Enforcement

  • Global Litigation Landscape

  • Taxation

This will be an interactive session and we invite you to join the discussion.

Moderator
Pauline Booth, Managing Director, Duff & Phelps

Speakers
Robert Kovacev, Partner, Steptoe & Johnson LLP
Dr. Scott Elrod, Associate Director, Stanford Office of Technology Licensing Office
Michael Petracci, Executive Vice President, GE Ventures Licensing
Claude Stern, Partner, Quinn Emanuel Urquhart & Sullivan LLP
Donald Ware, Partner, Foley Hoag LLP 

12:00 p.m. - 1:00 p.m. 

Lunch and Networking

1:00 p.m. - 5:00 p.m. 

Breakout Sessions 

1:00 p.m. - 1:50 p.m. 

Session 1

Valuation and M&A

Big Data: What is it Worth?

Big Data has been called the "oil of the digital era." Do patents matter less to a company's market success and defensibility than Big Data in driving competitive advantage? Despite Big Data's relative importance, it is not accounted for as an asset and company disclosures regarding monetization and use of Big Data is limited. During this session, the following topics will be explored:

  • What is "Big Data", why is it valuable, and how are companies using it?

  • What approaches can be used to value Big Data?

  • How is an acquisition target’s Big Data impacting M&A?

Tax and Transfer Pricing 

Transfer Pricing Planning, Documentation and Controversy after the OECD BEPS Action Plan

A panel of transfer pricing experts at leading U.S. multinationals will present their experiences in transfer pricing planning, documentation and audit defense in the post-BEPS world including:

  • Tax planning ideas and necessities in light of the BEPS Action Plan and increased transparency under country by country disclosures;

  • Issues and best practices with respect to the three-tiered transfer pricing documentation platform under Action Item 13 and the revised 2017 OECD Guidelines;

  • Current audit experiences including views on the effectiveness of advance pricing agreements and Mutual Agreement Procedures as settlement venues, usefulness of the OECD Multilateral Instrument, and other current controversy issues. 

 

Licensing and Litigation 

Year in Review: Hot Topics in U.S. Patent Litigation

A discussion of data provided by Lex Machina surrounding U.S. patent litigation. This panel will address recent trends in patent litigation, such as, questions of constitutionality of the PTAB and the outcome of the TC Heartland decision; and how these trends impact corporate strategy, litigation strategy and more. 

1:50 p.m. - 1:55 p.m. 

 

Break

 

1:55 p.m. - 2:45 p.m. 

Session 2

Valuation and M&A

JV Contributions: Does Your Equity Stake Reflect the Value of Your Contributions?

Joint Venture ("JV") transactions typically involve the contribution of hard assets, such as cash and real and personal property, and intangible assets, such as proprietary technology and trademarks ("IP"), and customer contracts/relationships. The valuation of these contributed assets determines each partner's equity ownership in the JV and is relevant in the contexts of financial reporting and tax.

This session will discuss the most common methods used to value IP and customer relationships and how the choice of method and the selection of critical assumptions can impact the value determinations and a JV partner's share of the enterprise. The panel will focus on situations where the IP is not the only key asset and separating the value attributable to IP vs. that related to a captive customer base, the workforce or other key assets is most challenging (e.g., those in which the JV is a provider of technology-enabled services as opposed to a pure technology company). Participants include a corporate development executive and valuation experts. 

 

Tax and Transfer Pricing 

Profit Splits, Contingencies and other Emerging Considerations in IP Valuation

A panel of industry and subject matter experts discuss emerging issues and topics, and recent OECD guidance on IP valuation, including the application of profits splits, hard-to-value intangibles and how to manage significant uncertainties and contingencies, the emergence of real options income methods, as well as a quick look at new guidance on profit attributions to Permanent Establishments.

 

Licensing and Litigation

 

Trade Secrets Litigation and Life After the DTSA

A discussion of recent global trends in trade secrets litigation and how that impacts corporate strategy, litigation strategy and more. 

2:45 p.m. - 2:55 p.m.  Break
2:55 p.m. - 3:45 p.m. 

Session 3

Valuation and M&A

The Shifting Landscape in IP Portfolio Management

The IP landscape has shifted substantially over the last five years. The patent market in the U.S. has been impacted by key events such as the peak and decline of the cell phone wars, the Alice decision, the AIA and PTAB, and the more recent TC Heartland ruling earlier this year, which has also been accompanied by a shift in value maximization strategies to place a higher importance and focus on international patents. However, patents are not the only piece of the IP portfolio. Trademark filings and registrations in the U.S are at an all-time high, and there have been significant shifts in software licensing and product monetization, as well.  Hear from panelists as they discuss what trends they are seeing in IP portfolio management strategy. 

 

Tax and Transfer Pricing 

Valuation and Transfer Pricing Issues in Recent Tax Court Cases

A discussion of the transfer pricing and valuation positions taken in recent decisions such as Amazon and Apple, and the issues around consistency in cost sharing regulations, definition of intangible development costs, and application of valuation principles to valuations (e.g., assumptions on economic life). Amazon may not be a best precedent for the tax courts in the future, but what issues were considered (or overlooked) in these proceedings that can inform tax payers? 

 

Licensing and Litigation 

Trends in Licensing Deals and Other IP Transactions

A panel discussion from attorneys and corporate representatives addressing trends in licensing deals and other intellectual property focused transactions. 

3:45 p.m. - 4:00 p.m. 

Break

4:00 p.m. - 5:00 p.m. 

Closing Keynote Speaker

Boris Teksler, President and CEO, Conversant IP

5:00 p.m.

Farewell Reception 

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