There is a lot of discussion about an increasing lack of civility in our profession. This panel will explore the costs and benefits of civility from the perspective of the bench, the Patent Office, outside counsel and in-house counsel, asking the tough questions such as whether civility is the best strategy, how the local rules impact parties’ conduct, how to know when one’s outside counsel is the problem in a contentious litigation, how to deal with incivility from the opposing party, and what effect a party’s lack of civility can have on decision-makers.

Moderator: Terry McMillin, International Game Technology, Reno, NV

The Judge’s Perspective - What are the costs and consequences of lack of civility – do local rules have an effect?
Honorable Michael J. Davis, US District Court, District of Minnesota, Minneapolis, MN

Does Hardball Work? - A point-counterpoint
James Gilliland, Kilpatrick Townsend, San Francisco, CA
Kenneth Adamo, Chicago, IL

In-House Counsel’s Perspective - How do you know when your outside counsel is the problem? When should you use "scorched-earth" tactics? How do you know your outside counsel is the problem?
Philip S. Johnson, Johnson & Johnson, New Brunswick, NJ

USPTO Perspective - Is the reputation of patent applicants and attorneys important?
Teresa Stanek Rea, Deputy Director, US Patent and Trademark Office, Alexandria, VA (Invited)