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Program Schedule

THURSDAY, APRIL 12

7:30 a.m. - 5:00 p.m.
Registration and Check-in

8:30 -10:00 a.m.
Two Concurrent Sessions

I) Patent Litigation: Is It Broken and Can We Fix It?

Under our current system, patent litigation is very expensive and unpredictable, and the critical issues are only decided at the very end. District court judges are critical to the process, but they are treated as if their decisions donít matter. Is there a better way?

Administrative Remarks:
Rich de Bodo, Hogan & Hartson, LLP, Los Angeles, CA.
Program Co-Chair

Welcome Remarks:
Pamela Banner Krupka, Krupka Law Group, P.C., Los Angeles, CA.
Chair-Elect, ABA Section of Intellectual Property Law

Moderator:
Timothy R. Holbrook, Associate Professor of Law, Chicago-Kent College of Law, Chicago, IL

Speakers:
Hon. Alan D. Lourie, U.S. Court of Appeals for the Federal Circuit, Washington, DC

Hon. Patti B. Saris, U.S. District Court for the District of Massachusetts, Boston, MA

Hon. Timothy B. Dyk, U.S. Court of Appeals for the Federal Circuit, Washington, DC

Laurence H. Pretty, Law Offices of Lawrence H. Pretty, Los Angeles, CA

Robert A. Armitage, Eli Lilly and Company, Indianapolis, IN

II) Recent Developments in Copyright Law and Practice
The General Counsel of the Copyright Office and leading practitioners address the major new developments in copyright law and practice.

Administrative Remarks:
James R. Sims, III, Morgan Lewis, Washington, DC. Program
Co-Chair

Welcome Remarks:
Susan Barbieri Montgomery, Foley Hoag, LLP, Boston, MA.
Chair, ABA Section of Intellectual Property Law

Administrative Remarks:
James R. Sims III, Morgan Lewis, Washington, DC.
Program Co-Chair

Moderator:
Katherine Spelman, Cobalt LLP, Berkeley, CA

Speakers:
Tanya M. Sandros, General Counsel, U.S. Copyright Office, Washington, DC

Jule L. Sigall, Microsoft Corporation, Redmond, WA

Nancy E. Wolff, Cowan Debaets, New York, NY

10:00 Ė 10:15 a.m. Break

10:15 -11:45 a.m.
Two Concurrent Sessions

I) Re-Writing Patent Law: The Supreme Courtís Decisions in MedImmune, KSR and Microsoft
A panel of leading patent judges, experts, and advocates explores the Supreme Courtís groundbreaking decisions in the MedImmune, KSR and Microsoft cases.

Moderator:
Chris Cotropia, University of Richmond School of Law, Richmond, VA

Speakers:

Seth P. Waxman, Wilmer Hale, Washington, DC

Stephen G. Kunin, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., Alexandria, VA

Kevin Rhodes, 3M, Saint Paul, MN

Thomas C. Goldstein, Akim Gupm Strauss Hauer & Feld LLP., D.C.

II) Copyright in the Courts: Issues of First Impression

Over the last several months, federal courts throughout the country have grappled with novel legal issues arising under the Copyright Act including termination of transfers, immunity for alleged infringement under the DMCA, liability for search engine caching, and copyright validity. Members of the ABA Copyright Litigation Committee and others will explore the issues presented in these cases and explain the implications for copyright litigators and other intellectual property practitioners.

Moderator:
Mary Kevlin, Cowan Liebowitz & Latman, P.C., New York, NY

Speakers:
Mike Keyes, K&L Gates, Spokane, WA Professor

Rebecca Tushnet, Georgetown University Law Center, Washington, DC

Robert J. Kasinic, Visiting Assistant Professor of Law, Washington College of Law, American University, Washington, DC and Principal Legal Advisor (formerly, Senior Attorney), Office of the General Counsel, U.S. Copyright Office, Washington, DC

12:00 - 1:30 p.m.
LUNCHEON
(tickets required)

Guest speakers:

James Amend, Chief Circuit Mediator

Wendy Dean, Circuit Mediation Officer

 

1:45 - 3:15 p.m.
Three Concurrent Sessions

I) Delivering Powerful Opening Statements and Closing Arguments at Trial
Top trial lawyers demonstrate how to deliver compelling opening statements and closing arguments. The program will feature a mock jury, which will be polled to determine which arguments and techniques are most effective.

Moderators:
L. Marisia Campbell, Alcatel Canada, Inc., Ottawa, ON

Yoncha Kundupoglu, Hogan & Hartson LLP, Los Angeles, CA

Speakers:
David J.F. Gross, Faegre & Benson LLP, Minneapolis, MN

Lisa N. Partain, Irell & Manella LLP, Los Angeles, CA

Hon. Reggie B. Walton of the U.S.D.C for the District of Columbia

II) Virtual Law Ė How Online Games Are Shaping Legal Rules

sctCo-Sponsored with the ABA Section of Science and Technology Law

Video games are changing the face of society and the rules that govern it. Multiplayer games and multidimensional virtual environments enable player to interact through avatars, to effect transactions using "real" money, and to function in borderless societies. Concurrently, the government seeks to impose rules to govern online behavior, from gambling to graphic violence. How do these worlds intersect and what is their future? In this session, experts will explore ways in which the law has attempted to respond to the surge in online gaming activity, assess the effectiveness of these efforts, and specualte about what may come next.

Moderator:
Jorge L. Contreras, Jr., Wilmer Hale, Washington, DC

Speakers:
William S. Coats, White & Case, Palo Alto, CA. Chair ABA Section of Science & Technology Law.

Samir Jain, Wilmer Hale, Washington, DC

Keith Fentonmiller, US Federal trade Commission

Sean Kane, Drakenford & Kane LLC

Philip Tan, MIT Gaming Lab

III) Law Practice Management Track
Striking Out on Your Own Ė How to Start and Run and Successful IP Practice
Striking out on your own and running a successful IP practice is just not as easy as it looks. How do you identify the right location, know what computers and other equipment to purchase, find and keep good clients, set fees and have adequate cash flow, manage and market your practice, comply with ethics rules, avoid malpractice claims and complete other essential tasks you havenít even though about? Come to this session for expert advice on planning, launching, running and growing a successful IP practice.

Moderator:
Lisa A. Dunner, Dunner Law, Washington, DC

Speakers:
Patricia E. Hong, Plumsea Law Group, LLC, Bethesda, MD

Joseph A. Hennessey, Newman, McIntosh & Hennessey, LLP, Bethesda, MD

Reid F. Trautz, American Immigration Lawyers Associationís Practice and Professionalism Center, American Immigration Lawyers Association, Washington, DC

3:15 Ė 3:30 p.m.
Break

3:30 - 5:00 p.m.
Three Concurrent Sessions

I) Preparing and Presenting the Critical Witness at Trial
Intellectual property law cases often turn on the presentation of one or two key witnesses Ė an inventor or creator, a business owner, a key engineer, or a technical expert. Drawing upon the experiences of top trial lawyers, this program will explore how to present critical witnesses powerfully and effectively, and how to anticipate and blunt their cross-examination. Experienced trial lawyers will demonstrate how to prepare and present key witnesses and mock jurors and an ITC judge will discuss which techniques are most effective.

Moderators:
Colene Blank, 3M St. Paul, MN

Speakers:
Robert G. Krupka, Kirkland & Ellis, LLP, Los Angeles, CA

Hon. T.S. Ellis, III of the U.S. District Court for the Eastern District of Virginia

Claire LaPorte Foley & Hoag LLP, Boston, MA

 

II) Trademarks and Targeted On-line Advertising

sctCo-Sponsored with the ABA Section of Science and Technology Law

Leading attorneys in the field will examine how the law has responded to the use of trademarks in the context of targeted online advertising. They will focus on current, cutting edge developments in this evolving area of the law. The panel will discuss the issues from the often differing vantage points of trademark owners, advertisers and website operators.

Moderator:
Joshua Paul, Sedgwick, Detert, Moran & Arnold LLP, New York, NY

Speakers:
Allison McDade, Trademark Counsel, Dell Computer Corporation, Round Rock, TX

Noel M. Cook, Owen, Wickersham & Erickson, P.C., San Francisco, CA

Celia Goldwag Barenholtz, Cooley Godward Kronish LLP, New York, NY

III) Law Practice Management Track
60 Tips in 60 Minutes (3:30 Ė 4:30 p.m.)
They donít come more helpful than this: 60 of the most useful and practical technology tips in one session. Our veteran panel of experienced tipsters will have many tricks and hot tips to share with you. This fast-paced session will cover everything from software to hardware, marketing, the Web, practice management, malpractice prevention, and other helpful tricks and tips for leveraging technology in your practice.

Speakers:
Reid F. Trautz, American Immigration Lawyers Associationís Practice and Professionalism Center, American Immigration Lawyers Association, Washington, DC

Sharon D. Nelson, President, Sensei Enterprises, Inc., Computer Forensics/Legal IT, Fairfax, VA

Vedia Jones-Richardson, Olive & Olive, P.A., Durham, NC

5:30 - 7:00 p.m.
RECEPTION

Featuring robot demonstrations from the FIRST Robotics Competition

Stop in and see the robots in action, while enjoying a networking opportunity with your colleagues in intellectual property law.

The FIRST Robotics Competition is an exciting, multinational competition that teams professionals and young people to solve an engineering design problem in an intense and competitive way. Colleges, corporations and individuals provide scholarships to the participants. Involved engineers experience again many of the reasons they chose engineering as a profession. The competition shows these future patent holders that the technological fields hold many opportunities and that the basic concepts of science, math, engineering, and invention are exciting and interesting.

7:30 - 9:30 p.m.
Womenís Networking Dinner

(by invitation only, ticketed event)
A new feature of the Annual Intellectual Property Law Conference, the Womenís Networking Dinner offers the opportunity for women leaders in the profession to gather and network in an informal and relaxed dinner environment. Special invitations will be sent out to women who are registered for the conference in advance of the pre-registration cutoff date of March 28. There is a fee for the event, and details on payment will be provided in the invitation

Friday, April 13

8:00 a.m. - 5:00 p.m.
Registration and Check-in

8:30 - 10:00 a.m.
Three Concurrent Sessions

I)Hot Topics in Patent Prosecution
This session will cover hot topics in patent prosecution, including appeals, petitions to make special, restriction practice, subject matter eligibility and quality assurance.

Moderator:
Stephen G. Kunin, Oblon, Spivak, McClelland, Maier & Neustadt, PC, Alexandria, VA

Speakers:
John J. Doll, Commissioner for Patents, U.S. Patent & Trademark Office, Alexandria, VA

John J. Love, Acting Deputy Commissioner for Patent Examination Policy, U.S. Patent & Trademark Office, Alexandria, VA

Charles E. van Horn, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Esther M. Kepplinger, Director, Patent Operations, Wilson, Sonsini, Goodrich & rosati, Washington, DC

Michael Fleming U.S. Patent & Trademark Office, Alexandria, VA

II) Litigating Patent Injunctions After eBay

The Supreme Courtís watershed decision in eBay has transformed patent litigation, transferred power from juries to judges, and created a new endgame: the post-trial hearing before the trial judge relating to a permanent injunction. This program will provide judgesí insights regarding permanent injunction hearings and will feature a demonstration of oral arguments from such a hearing.

Moderator:
Erick Kraeutler, Morgan Lewis, Philadelphia, PA

Speakers:
Louis Virelli, Morgan Lewis, Philadelphia, PA

Hon. Liam O'Grady, U.S. District Court for the Eastern District of Virginia, Alexandria, VA

Esther H. Lim, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

 

III)Trademark Law Practice Pointers
Leading practitioners will discuss domestic and international clearance, prosecution tips, portfolio management, due diligence tactics, and trademark licensing issues.

Moderator:
Ann K. Ford, DLA Piper, Washington, DC

Speakers:
Christopher P. Bussert, Kilpatrick Stockton LLP, Atlanta, GA

Elizabeth G. Regan, Senior Counsel - Intellectual Property, Marriott International, Inc. , Washington, DC

Amanda C. Samuel, In-House Counsel, Colgate Palmolive Company, New York, NY

10:15 - 11:45 a.m.
Two Concurrent Sessions

I) The Federal Circuit at 25

This session will be available via ABA-CLE Teleconference
It has been 25 years since the founding of the Federal Circuit Court of Appeals. Has the experiment worked? What are the highlights of the last 25 years? What will the next 25 years hold?

Moderator:
Professor John R. Thomas, Georgetown Law School, Washington, DC

Speakers:
Hon. Paul R. Michel, Chief Judge, U.S. Court of Appeals for the Federal Circuit, Washington, DC

Hon. Sue L. Robinson, U.S. District Court for the District of Delaware, Wilmington, DE

Hon. Sharon Prost of the CAFC, Washington, DC

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Roderick R. McKelvie, Covington & Burling LLP, Washington, DC (former U.S. District Judge)

Q. Todd Dickinson, General Electric Company, Fairfield, CT (former Director, U.S. Patent and Trademark Office).

II) Recent Developments in Trademark Law and Practice
The Commissioner for Trademarks and leading practitioners will highlight the major new developments in trademark law and practice, including dilution and Madrid Protocol issues.

Moderator:
James R. Sims III, Morgan Lewis, Washington, DC

Speakers:
Lynne G. Beresford, Commissioner for Trademarks, U.S. Patent & Trademark Office, Alexandria, VA

Susan Upton Douglass, Fross Zelnick Lehrman & Zissu, P.C., New York, NY

Siegrun D. Kane, Morgan & Finnegan, LLP, New York, NY

Hon. J. David Sams, Trademark Trial and Appeal Board, U.S. Patent & Trademark Office, Alexandria, VA

12:00 - 1:30 p.m.
LUNCHEON

(tickets required)
Guest Speaker: Richard Cotton, Executive Vice President and General Counsel, NBC Universal

1:45 - 3:15 p.m.
Three Concurrent Sessions

I) Can PCT International Search Be Part of the Solution
(In cooperation with the World Intellectual Property Organization)
In the quest to find solutions to increasing backlogs, the major patent offices have overlooked the potential of PCT international search. Attention should be focused on shifting the PCT search paradigm and creating a virtual searching authority so that international search can serve to address workload and quality issues. The World Intellectual Property Organization joins with the ABA Section of Intellectual Property Law in presenting this session.

Moderator: Jay Erstling , Director-Advisor on PCT Matters, World Intellectual Property Organization, Geneva, Switzerland

Speakers:
Edward R. Kazenske, Senior Director, Intellectual Property and Licensing Division, Microsoft Corporation, Redmond, WA

Leonora K.M. Hoicke, IP Law Counsel, IBM Canada, Ltd., Markham, ON

Esther M. Kepplinger, Wilson Sonsini, Goodrich & Rosati, Reston, VA

Nicholas P. Godici, Executive Advisor, Birch, Stewart, Kolasch & Birch, LLP, Falls Church, VA

II)  Corporate Counsel Issues/Practical Tips of Value to Corporate Counsel
     
Part I: Unlocking IP Value: What Every Corporate Patent Practitioner Should Know
This session will be available via ABA-CLE Teleconference
A panel discussion on maximizing value of your IP assets by deciding whether to license, assert, participate in a standards organization, donate, sell at an auction, or open source your company’s IP and the pros and cons of such a strategy.

Moderator: Susan McHale McGahan, AT&T Corporation, Bedminster, NJ

Speakers: Abha Divine, President & CEO, AT&T Knowledge Ventures,  Bedminster, NJ

Michael Lasinski, Managing Director, Ocean Tomo, LLC, Chicago, IL

Dominick Conte, Fitzpatrick Cella Harper & Scinto, New York, NY

III)   Ethics Issues – Part I
Leading intellectual property attorneys will explore the thorny ethical issues raised by the Medinol case addressing fraud on the PTO in the trademark context, Patent Office ethics rules, and the privilege waiver problem featured in Echostar and grapple with the practical implications of each.

Moderator: Rochelle D. Alpert, Morgan Lewis, LLP, San Francisco, CA

Speakers:
Jeffrey A. Lindeman, Ph.D., Nixon Peabody, LLP, Washington, DC

Melanie Rother, Fulbright & Jaworski, Houston, TX

 

3:15 – 3:30 p.m.
Break

3:30 - 5:00 p.m.
Three Concurrent Sessions

I)   What You Really Need to Know About Patent Interferences
The problem: most patent owners rarely encounter patent interferences, and most aren’t aware of the issues involved. The result: most don’t position themselves to either take advantage of the opportunity or to avoid some common pitfalls.

Moderator:  Herb Hart, McAndrews, Held & Malloy, Ltd., Chicago, IL

Speakers:
Bruce Stoner, Jr., of Counsel, Greenblum & Bernstein, P.L.C., Reston, VA

Donna Meuth, WilmerHale, Boston, MA

II)  Corporate Counsel Issues/Practical Tips of Value to Corporate Counsel

Part II: Protacting IP in an Open Society
IP is currently being used in society with and without the permission of the owner. How does this impact a corporation in a society that allows many choices including informed decisions by consumers and the use of IP for the purported benefit of society as a whole. For instance what is the impact of "user-generated content sites"? There are some who argue for the more open use of IP, such as software and trademarks in the name of  "public good" even if the owner objects. What are the legal principles and public policies involved in balancing these competing interests?  What does it all mean for corporations and what do you need to know to better protect IP in an open society?

Moderator: Donna Suchy, Eastman Kodak Company, Rochester, NY

Speakers:
David C. Stimson, Chief Trademark Counsel, Eastman Kodak Company, Rochester, NY

Anne Murphy Kelley, General Manager, IP&L Group, Microsoft Corporation, Redmond, WA

Lauren S. Fisher, Assistant General Counsel, AOL LLC, Dulles, VA

III)   Ethics Issues – Part II
A leading ethics expert will address practical ethical issues faced by trademark, copyright and patent lawyers in their practices and outline ways to avoid traps for the unwary.

Moderator:

John Steele, Fish & Richardson, P.C., Redwood City, CA

5:00 - 6:30 p.m.
Cocktail Reception

Hosted by the Committee on Women and Minorities in the Profession

SATURDAY, APRIL 14

8:00 a.m. - 11:00 a.m.
Registration and Check-in

8:30 - 10:00 a.m.
Out of the Frying Pan…Into the Fire – Sizzling IP Hot Topics
A series of debates on hot trademark, copyright and patent issues sparking current discussion in the IP world today. Presenters will turn up the heat on recent cases, issues recently decided and hot issues still in the fire. Watch the sparks fly.

Trademark and Copyright Hot Topics
Moderator: Donna Gies, Thomson West, Eagan, MN

Speakers:
Jeffrey P. Cunard, Debevoise & Plimpton LLP, Washington, DC

Carla Calcagno, Holland & Knight, LLP, Washington, DC

Mary E. Innis, Loeb & Loeb, Chicago, IL (invited)

Hon. James R. Spencer, U.S. District Court for the Eastern District of Virginia, Alexandria, VA

Patent Hot Topics
Moderator: Raymond A. Kurz, Hogan & Hartson LLP, Washington, DC

Speakers:
Joel M. Freed, McDermott Will & Emery LLP, Washington, DC

Nancy J. Linck, Judge, Patent Board of Patent Appeals and Interferences, U.S. Patent & Trademark Office, Alexandria, VA

Fred Meeker, Banner & Witcoff, Washington, DC

Hon. James R. Spencer, U.S. District Court for the Eastern District of Virginia, Alexandria, VA

 

11:45 - 1:00 p.m.
Conference Networking
Buffet Luncheon

Enjoy this opportunity to network with fellow professionals in the IP field over a buffet luncheon and discuss the hot topics in IP law in an informal setting.

Luncheon
Sponsored by Kirkland & Ellis LLP

kirkland

Thursday's Coffee Breaks
Sponsored by BNA

bna

Highlights

Teleconference CLE Sessions Available

This Year the sessions are:

Trademarks and Targeted Online Advertising

The Federal Circuit at 25

Corporate Counsel Issues

A Conversation on the 25th Anniversary of the CAFC

2007 marks the 25th Anniversary of the establishment of the U.S. Court of Appeals for the Federal Circuit. The ABA Secion of Intellectual Property Law marks this anniversary at the 22nd Annual Intellectual Property Law Conference with a special session: "The Federal Circuit at 25" featuring Hon. Paul R. Michel, Chief Judge, U.S. Court of Appeals for the Federal Circuit as welll as other prominent panelists.