1. Presented by: Molly Kocialski, Oracle Tom Franklin, Kilpatrick Townsend Ian Saffer, Kilpatrick Townsend September 11, 2013 WHEN DO I HAVE AN INTELLECTUAL PROPERTY PROBLEM?

2. ROADMAP Trademark/Keywords Domains Patents Patent Trolls IP Indemnities Copyright

3. TRADEMARKS Clearance Initial review in-house Registration Right to use versus right to exclude International filing Policing Internal External

4. KEYWORDS

5. Likelihood of confusion Sponsored vs. organic Ad text Impressions : clicks Nominative fair use Direct vs. indirect infringement Search engine advertising policies

6. KEYWORDS

7. DOMAINS www.mycompany.com Clean-up of control Social media presence Ownership Maintenance Control

8. PATENTS Covers product functionality Signs your company has patentable ideas Timing issues for owning your ideas Avoiding ownership issues/disputes

9. PATENTS PORTFOLIO MANAGEMENT Competitive patent landscape Ownership Invention agreements / employee handbook Consulting and joint development agreements Efficiently capture innovation Impact on technical staff Avoid ideas leaking-out of enterprise Joint development / Consultants / Founders Cost over lifecycle and speed to issuance

10. PATENT TROLLS Increasingly a risk of doing business Responding to assertion letters Often scary by design Understand your adversary Opinions of counsel When are they needed? Settlements Traps for the unwary

11. IP INDEMNITIES When Always Who Can counterparty pay? Control of defense What Customer specifications Combinations

12. COPYRIGHT Ownership issues “Author” presumptively owns copyright Works for hire Commonly misunderstood Typically will cover employees Assignment agreements Vendors must “assign” copyrights in a signed writing Fair use Not for the faint of heart

13. FAIR USE

14. Presented by: Molly Kocialski, Oracle Tom Franklin, Kilpatrick Townsend Ian Saffer, Kilpatrick Townsend September 11, 2013 QUESTIONS?