You currently do not have JavaScript enabled in your web browser.
The ABA website relies on JavaScript for display purposes.
To fully experience the ABA site, please enable javascript.
Section of Intellectual Property Law

Spring CLE Program:

The 17th Annual
Intellectual Property Law Conference

April 11-12, 2002
International Trade Center at the Ronald Reagan Federal Building
Washington, DC

  Program Schedule To-Date

 

Thursday, April 11, 2002

 

 

8:30 - 11:45 am - Two Concurrent Sessions

I - Patent Litigation

Have it your way! A practical, no-fluff approach to presenting your case and winning your case before a jury and the judge. Join renowned patent litigators for a peek into their respective "bag of tricks" for putting together a winning case. Then learn from distinguished damages panelists what that all means for your client's pocketbook.

Welcome Remarks: Charles P. Baker, Fitzpatrick, Cella, Harper & Scinto, New York, NY. Section Chair.
Administrative Remarks: Robert O. Lindefjeld, Jones, Day, Reavis & Pogue, Pittsburgh, PA. Program Chair.
Moderator: Brian C. Carey, Greenblum & Bernstein, PLC, Reston, VA

How Are You Going to Prove, Sustain, or Beat That Verdict/Judgment? Winning Strategies for Planning/Presenting at Trial/On Motion To Get Ready for the Twelve Wise Women and Men.

Speakers:
Kenneth R. Adamo, Jones, Day, Reavis & Pogue, Cleveland, OH
Robert G. Krupka, Kirkland & Ellis, Los Angeles, CA

10:30 - 10:45 am - Break

Patent Infringement Damages: What Experience Tells Us

Moderator: Richard M. Winn, LECG, LLC, New York, NY
Speakers:
Lawrence E. Evans, Blackwell Sanders Peper Martin, LLP, St. Louis, MO
Jennifer L. Knabb, Manager of Claims & Disputes, Andersen LLP, St. Louis, MO
Bruce W. Burton, National Leader Intellectual Asset Management Practice, Deloitte & Touche, Chicago, IL

II - Copyrights

From the well-publicized Napster case to the New York Times v. Tasini Supreme Court decision, recent developments make copyright one of the fastest moving and most challenging types of intellectual property today. This program features practitioners, scholars and policy makers at the center of cutting-edge copyright issues, including recent developments in parody and fair use, the state of play on database protection, and recent landmark cases involving digital rights issues. Senior officials from the U.S. Copyright Office, including the Register of Copyrights, Mary Beth Peters, and Copyright Office General Counsel, David Carson, will also provide their perspectives on a range of statutory, regulatory and litigation issues. For the non-intellectual property practitioner, as a foundation for more advanced sessions, the program will also cover basic copyright principles as they apply to the most recent debates in this exciting area.

Administrative Remarks: Adriana S. Luedke, Haymarket, VA. Program Vice-Chair
Moderator: James R. Sims III, Morgan, Lewis & Bockius, LLP, Washington, DC

Laying a Course: The View From The Copyright Office (Copyright Office Developments, Statutory And Regulatory Issues, Copyright Office Litigation)

Speakers:
Hon. Marybeth Peters, Register of Copyrights, U.S. Copyright Office, Washington, DC
David Carson, General Counsel, U.S. Copyright Office, Washington, DC

Reading The Map's Legend: Copyright Basics And More (Work Made For Hire, Licensing, Especially On-Line Licensing, And Distance Education)

Speakers:
Carl H. Settlemyer III, Lutzker & Lutzker, LLP, Washington, DC
Brett I. Miller, Morgan, Lewis & Bockius, LLP, Washington, DC

10:15 - 10:30 am - Break

The Scenic View: Recent Developments In Parody And Fair Use (Wind Done Gone, Barbie, And PETA Cases, And Satire)

Speakers:
Simon J. Frankel, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, PC, San Francisco, CA
Robert M. O'Neil, Director, Thomas Jefferson Center for Protection of Free Expression, Charlottesville, VA

Are We There Yet? The Future Of Copyright Today
A. Post-Tasini And Database Protection

Speakers:
Jeffrey P. Cunard, Debevoise & Plimpton, Washington, DC
Henry Z. Horbaczewski, Reed Elsevier, Newton, MA

B. Post-Napster: The Broadband Bandwidth Bonanza

Speakers:
Shira Perlmutter, Vice President and Associate General Counsel, AOL TimeWarner Inc., New York, NY
Michael J. Remington, Drinker, Biddle & Reath, LLP, Washington, DC

LUNCHEON (tickets required)
12:00 noon - 1:15 pm
International Trade Center Atrium. Concourse Level

1:30 - 4:45 pm - Two Concurrent Sessions

I - Patent Prosecution

This track will focus on current topics in U.S. patent prosecution. In particular, three panels will focus on (1) various strategic and tactical issues relating to the American Inventors Protection Act, including term adjustment, Request for Continued Examination practice, inter partes reexamination, and pre-grant publication; (2)how to draft patent application to avoid recent CAFC-imposed limitations on claims due to, among various issues, the language in the specification or through doctrine-of-equivalence issues; and (3)the ins-and-outs of electronic filing, from both the USPTO and the practitioners perspective.

Administrative Remarks: Robert O. Lindefjeld, Jones, Day, Reavis & Pogue, Pittsburgh, PA. Program Chair.
Moderator: Q. Todd Dickinson, Howrey Simon Arnold & White, LLP, Washington, DC

Practice Issues Under The AIPA

Speakers:
Stephen G. Kunin, Deputy Commissioner for Patent Examination Policy, U.S. Patent & Trademark Office, Washington, DC
Barbara E. Johnson, The Webb Law Firm, Pittsburgh, PA
Charles P. Baker, Fitzpatrick, Cella, Harper & Scinto, New York, NY

Festo From A Prosecutor's Perspective

Speakers:
Rochelle K. Seide, Baker Botts, LLP, New York, NY
Jeffrey R. Kuester, Thomas, Kayden, Horstemeyer & Risley, LLP, Atlanta, GA

3:15 - 3:30 pm - Break

Electronic Filing

Speakers:
Edward R. Kazenske, Deputy Commissioner for Patent Resources and Planning, U.S. Patent & Trademark Office, Washington, DC
Damien Porcori, Ford Motor Company, Dearborn, MI
Maria Eliseeva, Brown, Rudnick, Freed & Gesmer, PC, Boston, MA
Bradley K. DeSandro, Lee & Hayes, PLLC, Spokane, WA

 

II - ENFORCING IP RIGHTS ABROAD
Session available via ABA-CLE Teleconference from 1:30 - 3:00 pm Eastern Time.

The focus of this panel is the successful enforcement of intellectual property rights in several key foreign countries. Speakers will highlight important procedures and issues concerning enforcement in their countries and how these relate to enforcement of U.S. rights. Panelists will discuss opportunities and challenges presented in effectively seeking protection of IP rights internationally.

Administrative Remarks and Moderator: Adriana S. Luedke, Haymarket, VA. Program Vice-Chair.

Enforcement Procedures And Issues In France

Speaker: Gérard Dossmann, Bureau D.A. Casalonga-Josse, Paris, France

Enforcement Procedures And Issues In Germany

Speaker: Wolfgang C. von Meibom, Andersen Luther Rechtsanwaltsgesellschaft MBH, Dusseldorf, Germany

Enforcement Procedures And Issues In The UK

Speaker: Neil Jenkins, Bird & Bird, London, England

3:00 - 3:15 pm - Break (end of teleconference)

Enforcement Procedures And Issues In Japan

Speaker: Eiji Katayama, Abe, Ikubo & Katayama, Tokyo, Japan

Panel Discussion with Speakers:

Panelists:
Michael N. Meller, Anderson, Kill & Olick, PC, New York, NY
Michael J. Pantuliano, Clifford, Chance, Rogers & Wells, LLP, New York, NY
Jay L. Chaskin, General Electric Corporation Fairfield, CT with Cantor Colburn, LLP, Norwalk, CT (former International Patent Counsel, retired, General Electric Company)

RECEPTION  

5:00 - 6:30 pm
Hosted by Howrey, Simon, Arnold & White, LLP

www.howrey.com

Howrey, Simon, Arnold & White, LLP

 

 

Friday, April 12, 2002

 

 

8:30 - 11:45 am - Three Concurrent Sessions

I - Bench, Bar And Academia: Panel Discussion By Leading Experts In The Field On The Latest Patent Law Topics

This session has been very successfully received the last two years, and is once again being offered in this year's program. The session brings together experts from the bench, bar and academia to discuss and debate cutting edge topics in the field of patent law and procedure in a panel discussion format. The panel includes distinguished jurists from the Federal Circuit and U.S. District Courts as well as professors and private practitioners.

Administrative Remarks: Robert O. Lindefjeld, Jones, Day, Reavis & Pogue, Pittsburgh, PA. Program Chair.
Moderator: Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Panelists:
Hon. Randall R. Rader, U.S. Circuit Judge, U.S. Court of Appeals for the Federal Circuit, Washington, DC
Hon. Pauline Newman, U.S. Circuit Judge, U.S. Court of Appeals for the Federal Circuit, Washington, DC
Hon. William G. Young, Chief U.S. District Judge, U.S. District Court for the District of Massachusetts, Boston, MA
Hon. Kathleen McDonald O'Malley, U.S. District Judge, U.S. District Court for the Northern District of Ohio, Cleveland, OH
Robert A. Armitage, Chief Patent Counsel, Eli Lilly and Company, Indianapolis, IN
Mark D. Janis, Professor of Law, University of Iowa College of Law, Iowa City, IA
E. Anthony Figg, Rothwell, Figg, Ernst & Manbeck, PC, Washington, DC

10:15 - 10:30 am - Break

II - Trademarks

As we move into the next century, the scope and forms of trademark and trade dress protection are adjusting to the changing needs of our society and legal system. The globalization of commerce and the resulting shrinkage of national boundaries is affecting the way companies and governments must think about protection. This panel will discuss issues including the direction of the Trademark Office in this next century, trademark portfolio management in the global economy and the ever-evolving standards of trade dress protection.

Administrative Remarks: Adriana S. Luedke, Haymarket, VA. Program Vice-Chair.
Moderator: Robert B. Lytle, Howrey Simon Arnold & White, LLP, Houston, TX

The Trademark Office In The 21st Century

Speakers:
Lynne G. Beresford, Deputy Commissioner for Trademark Examination Policy, U.S. Patent & Trademark Office, Washington, DC
Robert M. Anderson, Deputy Commissioner for Trademark Operations, U.S. Patent & Trademark Office, Washington, DC

Trademark Portfolio Management In A Global Economy

Speakers:
Kimbley L. Muller, Senior Intellectual Property Counsel, Shell Oil Company, Houston, TX
Steven Hartman, Vice President, Trademarks And Copyrights, Novartis Pharmaceuticals Corporation, Summit NJ

10:30 - 10:45 am - Break

Trade Dress Protection: Wal-Mart, Traffix And The Future

Speakers:
Louis T. Pirkey, Fulbright & Jaworski LLP, Austin, TX
Theodore H. Davis, Jr., Kilpatrick Stockton LLP, Atlanta, GA
William T. Fryer III, Professor of Law, University of Baltimore School of Law, Bethesda, MD

III - Insurance Coverage For IP Assets

The issue of insurance coverage for intellectual property lawsuits will be addressed from the perspectives of the policyholder, insurer and in-house counsel. The session will also address the topic of insuring intellectual property assets by reviewing new policy forms and types of coverage available.

Administrative Remarks: Neil A. Smith, Howard, Rice, Nemerovsky, Canady, Falk & Rabkin, San Francisco, CA. Division Chair, Division VIII - Meetings and Resolutions.
Moderator: David A. Einhorn, Anderson, Kill & Olick, PC, New York, NY

Insurance Coverage For Intellectual Property Lawsuits Update: Opportunities And Pitfalls For The Insurance-Savvy IP Litigator

Speaker: David A. Gauntlett, Gauntlett & Associates, Irvine, CA

Insurance Coverage - Perspective From The Named Insured

Speaker: John Maxin, General Counsel, National Semiconductor, Santa Clara, CA

10:15 - 10:30 am - Break

Insurance Coverage - Perspective From The Insurer

Speaker: Claudia F. Volaire, Cooper & Scully, PC, Dallas, TX

Vehicles For Insuring Intellectual Property Assets

Speaker: Beth D. Bradley, Thompson, Coe, Cousins & Irons, LLP, Dallas, TX

LUNCHEON (tickets required)
12:00 - 1:15 pm
International Trade Center Atrium, Concourse Level

1:30 - 4:45 pm - Three Concurrent Sessions

I - ETHICS FOR IP LAWYERS

Representing two clients seeking intellectual property rights in the same field? What are your ethical responsibilities to both clients and how do you reconcile their potentially conflicting interests? In addition, patent lawyers must walk a tightrope balancing their responsibility to seek expansive protection on behalf of their clients against their overriding obligation to fully disclose all material information to the PTO during ex parte prosecution. This program will examine the ethical implications of "subject matter" conflicts and the balancing act of full disclosure from the perspective of the PTO, the outside patent lawyer and the inside patent counsel.

Moderator: Eric J. Marandett, Choate, Hall & Stewart, Boston, MA

Subject-Matter Conflicts

Speakers:
James M. McCauley, Ethics Counsel, Virginia State Bar, Richmond, VA
Robert C. Kahrl, Jones, Day, Reavis & Pogue, Cleveland, OH
Professor Lisa A. Dolak, Syracuse University College of Law, Syracuse, NY

3:00 - 3:15 pm - Break

Duty Of Disclosure/Inequitable Conduct

Speakers:
Gerald J. Mossinghoff, Oblon, Spivak, McClelland, Maier & Neustadt, PC, Arlington, VA
Barry L. Grossman, Foley & Lardner, Milwaukee, WI
M. Andrea Ryan, Assistant General Counsel - Patents and Vice President, Wyeth-Ayerst Research, Cambridge, MA

II - Securing IP Rights Abroad
Session available via ABA-CLE Teleconference from 1:30 - 3:00 pm eastern time.

The Intellectual Property practice field is becoming more international in scope. As the need for broader protection increases, constant efforts are ongoing to globalize our practice. It is imperative to keep up with these global approaches. The session will address PCT practice, the new proposed Patent Law Treaty and the future prospect of dealing with the Madrid Protocol for trademarks.

Moderators:
Samson Helfgott, Rosenman & Colin, LLP, New York, NY
Michael N. Meller, Anderson, Kill & Olick, PC, New York, NY

PCT- Recent Changes And Prospective New Changes

Speakers:
Louis O. Maassell, Consultant on PCT Matters for the World Intellectual Property Organization, Bowie, MD
Lawrence T. Welch, Associate General Patent Counsel, Eli Lilly & Co., Indianapolis, IN
Lois E. Boland, Office of Legislative & International Affairs, U.S. Patent & Trademark Office, Washington, DC

2:30 - 2:45 pm - Break

Patent Law Treaty - Current Status And What Can We Expect To Be Changed In Our Law

Speakers:
Francis Gurry, Deputy Director General, World Intellectual Property Organization, Geneva, Switzerland
Robert L. Stoll, Administrator for External Affairs, U.S. Office of Legislative and International Affairs, U.S. Patent & Trademark Office, Washington, DC
Q. Todd Dickinson, Howrey, Simon, Arnold & White, LLP, Washington, DC. Former Assistant Secretary of Commerce for Intellectual Property and Director of the U.S. Patent & Trademark Office

Madrid Protocol - What It Is, How It Works And How It Doesn't Work

Speakers:
Tibor Gold, Partner, Kilburn & Strode, England, and Past President, Chartered Institute of Patent Agents, London, England
Richard N. Brown, DeSola & Pate, Caracas, Venezuela
Professor Jeffrey M. Samuels, Director of the Center for Intellectual Property Law and Technology, The University of Akron School of Law, Akron OH

III - E-COMMERCE AND ELECTRONIC MEDIA

Electronic commerce has created the greatest challenges and the most creative solutions ever seen in the law. Intellectual property has been in the forefront of creating and protecting businesses on the Internet. How can you use it to your client's advantage, to maximize opportunities for protection, and, at the same time, stay out of legal trouble?

Moderator: Neil A. Smith, Howard, Rice, Nemerovsky, Canady, Falk & Rabkin, San Francisco, CA

New Businesses from E-Commerce, and Resulting New IP Issues

Speaker: Seema A. Khan, General Counsel, Tradescape Corp., New York, NY

Trademark and Copyright Issues in E-Businesses

Speaker: Patricia S. Smart, Smart & Bostjancich, Chicago, IL

The Latest Word on Trademarks and Domain Names

Speaker: Marylee Jenkins

3:15 pm - 3:30 pm - Break

E-Commerce Patents: Developments In Procurement And Enforcement

Speakers:
Steven Gardner
, Kilpatrick Stockton, LLP, Winston-Salem, NC
David Schreiber, Citibank, N.A., New York, NY

Enforcement Of Shrink-Wrap And Click-Wrap Agreements

Speaker: Michael J. Madison, Assistant Professor of Law, University of Pittsburgh School of Law, Pittsburgh, PA

4:45 pm - Adjourn - 12/17/01

 

|| Registration ||

|| Conference Main Page || General Information || Program Schedule ||

|| IPL Section Calendar || IPL Section Homepage || intelprop@abanet.org ||