The IP Strategy Summit: Palo Alto

Sterne Kessler’s Richard Bemben was a panelist during the “Defensive Litigation in a High-Stakes Environment: Lessons from Recent Cases” session at The IP Strategy Summit: Palo Alto, hosted by CenterForce on October 7, 2025.

Session Overview

High-stakes defensive IP litigation requires proactive strategies to mitigate risk and protect brand integrity. Drawing from recent landmark cases—such as PTAB decisions using “settled expectations” to deny late-filed petitions and key trade secret losses—this session revealed how companies are reshaping defense playbooks amid procedural shifts. Hear how data-driven litigation analytics (e.g., Lex Machina) inform forum selection, motion timing, and strategic settlements. Panelists dissected practical approaches to anticipate threats, manage disclosure risks, and turn liability exposure into leverage for favorable outcomes.

The Panel Explored:

• Leveraging litigation analytics for venue strategy and defense prep
• Lessons learned from new PTAB discretionary denial criteria
• Defensive tactics in trade secret disputes post-misappropriation
• Strategies for converting defensive posture into settlement leverage