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In cooperation with the ABA Section of Science & Technology Law and the ABA Forum on the Entertainment & Sports Industries  
(tentative—titles and descriptions subject to change)
Conference Home / Full Brochure / Printable Registration Form / Registration Info / Sponsors / Committees Day

Wednesday, April 7

8:30 a.m. - 5:00 p.m.

Committees Day
A number of Section of Intellectual Property Law committees will be holding committee meetings on Wednesday, April 7 – Committees Day. This is a great opportunity for members of those committees to get together and interact face to face as they discuss the issues of their committee and plan strategies for committee activities. Certain committees will be offering CLE roundtables, with CLE credit available, to any who would like to attend.

These meetings are also a great opportunity for anyone interested in joining one of those committees to meet the chairs and other members. New members of committees are always welcome. Full information on committee meetings, CLE roundtables and schedules will be available on the Section website nearer to the date of the conference.

More information

CLE Roundtables:

1:30 – 3:00 p.m.
Committee 410 – Trade Secrets and Interferences with Contracts
Chair – Barry L. Cohen, Thorp, Reed & Armstrong LLP, Philadelphia, PA
Trade Secrets Case Law Update
Speaker:
H. Alan Rothenbuecher, Schottenstein Zox & Dunn Co., LPA, Cleveland, OH

3:30 – 5:00 p.m.
Method Patents and Cardiac Pacemakers – Proper Limits or Loophole?
Speakers:
Carlos Albuerne-Perez, Choate, Hall & Stewart LLP, Boston, MA
Other speakers TBD

11:00 a.m. - 7:00 p.m.
Open Registration and Early Check-in

5:00 - 7:00 p.m.
Welcome Reception: Let the Virtual Games Begin!
hosted by the ABA Section of Intellectual Property Law Young Lawyers Committee

Welcome Reception Sponsored by ecompCONSULTANTS

7:00 - 9:30 p.m.
Women's Networking Dinner
hosted by the ABA Section of Intellectual Property Law Committee on Women in the Profession

The dinner offers the opportunity for women leaders in the profession and others to gather and network in an informal and relaxed setting. All are welcome to attend this special dinner celebrating women in IP law. Sign up for this event on the registration form.

Women's Networking Dinner Sponsored by O'Brien Jones PLLC Bayard

Thursday, April 8

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

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

I. Patent Reform Legislation – Where we are, how did we get here, and what does the future hold in store?
Patent reform legislation passed the House of Representatives and is awaiting action in the Senate. At the time of the Conference we may have newly enacted legislation. The panelists will review the history and issues the legislation seeks to address, key provisions of the bill and the potential impact on patent practitioners, the USPTO and the Federal Circuit.

Welcome Remarks:
Don Martens, Knobbe, Martens, Olson & Bear, LLP., Irving, CA
Chair, ABA Secion of Intellectual Propery Law
Administrative Remarks:
Kim Jessum, Stradley Ronon Stevens & Young LLP, Philadelphia, PA
Program Chair.
Moderator:
Marc Adler , President, Marc Adler, LLC, Intellectual Property Law Consulting, Philadelphia, PA
Speakers:
Gary L. Griswold, 3M Innovative Properties Co., St. Paul, MN
Hayden Gregory, Intellectual Property Law Consultant, ABA Governmental Affairs Office, Washington, D.C.
Hon. Paul R. Michel, Chief Judge, U.S. Court of Appeals for the Federal Circuit, Washington, D.C.
David Simon, Director of Intellectual Property, Intel Corporation, Santa Clara, CA (invited)
Robert L. Stoll, Director, Office of Enforcement, U.S. Patent and Trademark Office, Alexandria, VA (invited)
II. Texting, Toggling, Tagging, Tweeting: Copyright, Trademark and Advertising in New Media


Welcome Remarks:
Marylee Jenkins,Arent Fox LLP, New York, NY
Chair-Elect, Section of Intellectual Property Law
Administrative Remarks
TBD, Eastman Kodak, Rochester, NY; Program Vice-Chair
Moderator:

Speakers:
Mike O’Donnell, President & CEO, iCopyright, Seattle, WA (invited)
Maria Pallente, Associate Register for Policy & International Affairs, U.S. Copyright Office, Washington, D.C.
Matt Robinson, VP of Business Development and General Counsel, Attributor, Inc., Redwood City, CA
Matthew Asbell, Ladas & Parry LLP, New York, NY
Andrew Lustigman, The Lustigman Firm P.C., New York, NY
Tsan Abrahamson, Cobalt LLP, Berkely, CA

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

I. The Year in Patent Law
Learn about the most recent developments over the past year in patent case law and how the decisions will affect your practice. Hear the latest analysis of the impact of these recent cases from leading industry and academic experts.

Moderator:
Kevin Casey, Stradley Ronon Stevens & Young, LLP, Malvern, PA
Speakers:
Prof. Timothy Holbrook, Emory University School of Law, Atlanta, GA
Sherry Knowles, Senior Vice President & Chief Intellectual Property Counsel, GlaxoSmithKline, King of Prussia, PA
Denise W. DeFranco, Finnegan, Henderson, Farabow, garrett & Dunner, LLP, Cambridge, MA
Ami Patel Shah, Intel Corporation, Rockville, MD
II. The Google Books Settlement: How Will It Change the Landscape?
Two panels will discuss the impact of the Google Books Settlement. The first panel will review the mechanism in the settlement agreement which allows universities to unlock their libraries of copyrighted works, many of which were effectively unavailable to the general public prior to being scanned, and explore how the settlement will likely affect universities in licensing special collections and in-copyright works. The second panel will provide a general overview of the Google Books settlement and the implications it is likely to have for authors, publishers, Google and its competitors, libraries and other users, regardless of whether it is ultimately approved.

Moderators:
June M. Besek, Executive Director, Kernochan Center for Law, Media and the Arts, Columbia Law School, New York, NY
James McEwen, Stein McEwen, LLP, Washington, D.C.
Speakers:
Jonathan Band, Jonathan Band PLLC, Washington, D.C.
Joseph C. Gratz, Durie Tangri LLP, San Francisco, CA
Joel Lutzker, Ocean Tomo, LLC, Greenwich, CT
Mary E. Rasenberger, Skadden, Arps, Slate, Meagher & Flom, New York, NY
Madelyn Wessel, Associate General Counsel, University of Virginia, Charlottesville, VA

12:00 - 1:30 p.m.

LUNCHEON
Tickets required

Guest speaker
David Kappos , Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, Alexandria, VA

Director Kappos will share his perspective on USPTO challenges and strategies for the future.

Thursday's Luncheon Sponsored by
McAndrews Held & Malloy LTD

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

I. Hot Topics in Foreign Patent Procurement and Enforcement
It can be difficult for patent attorneys to remain abreast of changes in important foreign jurisdictions. However, being informed can ensure that patent procurement strategy is tailored to maximize the protection afforded by a patent portfolio. A panel of speakers from Europe, China, Australia and the Office of the PCT will provide a valuable update on potential pitfalls and dangers during prosecution, such as the scope and effect of amendments and restrictions on filing divisional applications. This program is essential for U.S. patent attorneys managing foreign portfolios.

Moderator:
Jay Erstling, Patterson, Thuente, Skaar & Christensen, Minneapolis, MN
Speakers:
Matthew Bryan, Director, Office of the PCT, World Intellectual Property Organization, Geneva, Switzerland
Barry Eagar, B. Eagar, Oxenford, Queensland, Australia
Deshan Li, Unitalen, Beijing, China
Gwilym Roberts, Kilburn & Strode, London, England
II. Of Courts & Copyists: The Most Recent Developments in the World of Copyright Law
Join Kate Spelman and Mike Keyes on a tour through recent copyright case law and changes. Topics will include updates on Dastar preemption, DMCA, fair use, damages, perpetual possession/first sale doctrine ...and other important copyright issues with a focus on practice tips for you in assisting your clients.

Moderator:

Speakers:
J. Michael Keyes, K&L Gates, Spokane, WA
Katherine Spelman, Cobalt LLP, Berkeley, CA
III. Biosimilars 2010
Co-sponsored by the ABA Section of Science & Technology Law

Biosimilars are of tremendous interest globally. It has been predicted that in the near future biologic therapies will amount to more than 50% of newly approved medicines. In the same period, a substantial number of patent protected biotechnology-based therapies will come off patent, enabling the marketing of biosimilar or follow on biologic products. Even though opportunities abound, biosimilar producers and patients face substantial risks, requiring producers to develop innovative legal strategies and to carefully assess research and development and production processes to guarantee safety and efficacy of biosimilar products to establish an efficient and safe strategy for biosimilar approval. Many underlying issues in the regulation of biosimilars is yet unresolved and, in some countries, such as the US, regulation remains uncertain. This discussion will explore the issues and solutions to problems encountered in biosimilar regulation in the US and abroad.

Moderator:
William J. Simmons, Ph.D., J.D., Sughrue Mion PLLC, Washington, D.C.
Speakers:
Mark McCamish, M.D., Ph.D., Head Global Biopharmaceutical Development, Sandoz International, Holzkirchen, Germany
Elizabeth Dickinson, Associate Chief Counsel for Drugs, Food and Drug Administration, Rockville, MD
Hon. Charles E. Schumer, Senator from New York, U.S. Senate, Washington, D.C. (invited)
Huub Schellekens, M.D., Ph.D., Member of the Dutch Medicine Evaluation Board and National Expert of the European Medicine Evaluation Agency and Department of Innovation Studies, Central Laboratory, Utrecht University, Utrecht, Holland
Steven P. Caltrider, Eli Lilly and Company, Indianapolis, IN
Emily Shacter, Ph.D., Chief of the Laboratory of Biochemistry in the Division of Therapeutic Proteins of the Office of Biotechnology Products, Office of Pharmaceutical Science, Center for Drug Evaluation and Research, Food and Drug Administration, Rockville, MD

Thursday's coffee breaks sponsored by BNA Legal Services

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

I. Best Practices for Selecting, Retaining and Working with Experts in Patent Cases
This panel will discuss the importance of having good experts in a patent case; suggestions for how to find and select the best expert for your particular case or court, including considering issues of gender and race; the role of consulting experts in a patent case and when/how to retain them; and the mechanics of expert retention. The panel will also give advice on how to work most effectively with experts in patent cases, as well as how to aid your expert in most effectively presenting her or his testimony to the fact-finder. In this regard, the panel will specifically discuss what role, if any, the gender and/or race of the expert plays in the fact-finder’s perception of experts in patent cases.

Moderator:
Nicole D. Galli, Pepper Hamilton LLP, Philadelphia, PA

Speakers:
Kathi Kedrowski, Managing Director, Disputes and Investigations, Navigant Consulting, Chicago, IL
Arthur H. Patterson, Ph.D., Senior Vice President, Decision Quest, Sarasota, FL
Teresa Stanek Rea, Crowell & Moring LLP, Washington, D.C.
Marta L. Villarraga, Ph.D., Exponent, Philadelphia, PA
C. Erik Hawes, Morgan, Lewis & Bockius, Houston, TX
II. The Most Important Trademark Presentation of Your Career
Considered by many to be the equivalent of a Grammy® awards for trademark issues, this fast paced panel covers the hottest trademark topics of the year, to include a review of the gTLD rollout, use in commerce and adwords, initial interest confusion over the internet, trends in experts and surveys, noteworthy decisions, and more.

Moderator:
Erin Hennessy, K&L Gates, Seattle, WA
Speakers:
Anthony Biller, Coats and Bennett, PLLC, Cary, NC
Jim Davis, Arent Fox LLP, Washington, D.C.
Michael Potenza, Debevoise & Plimpton LLP, New York, NY
Fabricio Vayra, Time Warner, New York, NY
III. The DMCA Revisited: Analyzing the first 12 Years of Case Law under the Statute and Its Application to UGC Sites
Co-sponsored by the ABA Section of Science & Technology Law

The service provider liability limitations of the DMCA have been the subject of multiple lawsuits against user generated content sites. In the past year there have been 3 significant decisions holding service providers not liable for user generated content and a fourth case is set for decision in 2010. This program will analyze the DMCA 12 years after its passage with an eye towards identifying those aspects of the law that work well and those aspects of current technology that are not well covered by the DMCA. The program also will focus on those things copyright owners can do to maximize protection online and ways service providers can reduce their liability. In addition, the program will trace the development and likely future path of case law construing the DMCA, including potential circuit splits.

Moderator:
Ian C. Ballon, Greenberg Traurig, LLP, Palo Alto and Los Angeles, CA
Speakers:
Daniel J. Cooper, Vice President, Business & Legal Affairs, Fox Interactive Media, Beverly Hills, CA
Jonathan Gottlieb, Senior Vice President, Litigation, Fox Entertainment, Los Angeles, CA

6:30 - 9:00 p.m.

Special Evening Reception at the Dolley Madison House
Ticketed required
All conference participants and their spouses and guests are invited to join us for a special reception at the Dolley Madison House, part of the National Courts Complex, hosted by the Section.

This special reception is an opportunity for participants to visit the historic Dolley Madison House. Built in 1830 by Benjamin Tayloe, who was its first occupant, in 1837 it became the home of Mrs. Dolley Payne Madison, wife of President James Madison. She lived there until her death in 1849.

Buses have been arranged to transport attendees from the hotel to the reception at 1520 H Street, N.W., in downtown Washington, D.C. Alternatively, attendees are welcome to take taxis or utilize the Metro to travel to the Court. Buses board for the reception at 5:30 p.m. in front of the hotel, and depart at 5:45 p.m.

The reception will be held following the day’s programming on Thursday, April 8. Cocktails and hors d’oeuvres will be served. This popular annual event fills quickly, so purchase your tickets early!

Friday, April 9, 2009

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

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

I. Litigating Validity: Obviousness and Collateral Challenges
Following the Supreme Court's decision in KSR, many were of the view that the standard for obviousness had changed so dramatically that very few patents would survive a validity challenge on this basis. By the same token, following the USPTO's amendment to the reexamination statute to include inter partes reexaminations, many believed that they had their first real weapon to collaterally challenge the validity of a patent. The panel will discuss litigating validity post-KSR and the pros and cons of using reexamination to collaterally attack a patent's validity.

Moderator:
Paul Morico, Baker Botts, Houston, TX
Speakers:
Paul Bondor, Kirkland & Ellis LLP, New York, NY (invited)
David Lender, Weil Gotshal & Manges, New York, NY
Cynthia Vreeland, WilmerHale, Washington, D.C.
James D. Smith, Baxter International Inc., Deerfield, IL
II. Insurance Challenges: What Every Intellectual Property Lawyer Should Know About Legal Malpractice Insurance, Litigation, Sanctions, and Ethical Violations
Most lawyers are aware they should implement best practices for risk management. Even so, many IP practitioners lack malpractice insurance, have inadequate malpractice insurance, or do not precisely understand when malpractice insurance exclusions apply, notwithstanding ethical requirements in all states with regard to insurance. IP lawyers who are sanctioned in litigation become likely targets for malpractice claims. Our expert panel will speculate about this and other potentially catastrophic scenarios, explain what coverage IP lawyers need and how to get it, and clarify what behaviors, including crimes and trigger exclusions. We will specifically educate lawyers about the possibility of multi-state and USPTO Office of Enrollment and Discipline ethics violations and educate lawyers about loss prevention.

Moderator:
Barbara J. Gislason, Law Office of Barbara J. Gislason, Minneapolis, MN
Speakers:
Scott B. Garner, Howrey LLP, Irvine, CA
David Ross Rosenfeld, David Ross Rosenfeld, P.C., Alexandria, VA
Sean SeLegue, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, CA
Thomas J. Wallen, Thomas J. Wallen, P.C., Fredericksburg, VA
Eileen R. Garczynski, Vice President, Ames & Gough, McLean, VA
III. The Use of Opinion of Counsel as Evidence in Patent Litigation
Until recently, accused patent infringers had an affirmative duty of care to determine whether they were infringing a patent and to obtain opinion of counsel.  This affirmative duty was eliminated by the Federal Circuit in Seagate.  But recently, in Broadcom v. Qualcomm, the Federal Circuit stated that a jury could consider whether the defendant obtained the advice of counsel as evidence of intent as to induced infringement.   The program will explore these issues in detail.

Moderator:
Bradley C. Wright, Banner & Witcoff, Ltd., Washington, D.C.
Speakers:
Clinton Hallman, Chief Patent Counsel, Kraft Foods Inc, Northfield, IL
Michael Kiklis, Akin Gump Strauss Hauer & Feld LLP, Washington, D.C.
David L. Marcus, Chief Patent Counsel, Comcast Corp., Philadelphia, PA
Charles Shifley, Banner & Witcoff, Ltd., Chicago, IL

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

I. Navigating Inter Partes Reexamination
Reexamination, particularly inter partes reexamination, has become a hot topic on account of the rapidly rising number of requests for reexamination filed in the United States Patent and Trademark Office. This program will explore the issues and challenges presented by inter partes reexamination proceedings from the perspective of USPTO officials charged with making the system work and from the perspective of practitioners. Among the topics to be discussed are substantive issues, procedures and pendency, both under current law and under the proposed patent reform legislation. Included will be a Q & A session with our panel of speakers.

Moderator:
Thomas J. Wallen, Thomas J. Wallen, P.E., Attorney at Law, L.L.C., Fredericksburg, VA
Speakers:
Hon. Michael R. Fleming, Chief Administrative Patent Judge, Board of Patent Appeals and Interferences, United States Patent and Trademark Office, Alexandria, VA (invited)
Herb Hart, McAndrews Held & Malloy Ltd., Chicago, IL
Gregory Morse, Director, Central Reexamination Unit, United States Patent and Trademark Office, Alexandria, VA (invited)
Eugene Rzucidlo, Hershkovitz & Associates, Alexandria, VA
II. Taking & Defending Depositions in Trademark Cases
During this hands-on, interactive session, the moderator and the speakers will re-enact a deposition taken during the course of a trademark case. Audience members will have the opportunity to rule on the actions taken by deposing and defense counsel. The presentation shall provide participants with take-away tips and recommended practices for taking and defending depositions in trademark cases.

Moderator:
Jonathan Hudis, Oblon, Spivak, McClelland, Maier & Neustadt, L.L.C., Alexandria, VA
Speakers:
Richard S. Mandel, Cowan, Liebowitz & Latman, P.C., New York, NY
Robert S. (Rob) Weisbein, Foley & Lardner LLP, New York, NY
III. Getting Out of the Hot Seat: Mediation and Other Mechanisms for Early Termination of Section 337 Investigations
A substantial percentage of Section 337 Investigations are terminated early by the participating entities.  This program will discuss the various mechanisms companies have used, and/or may use in the future, for early termination of Section 337 Investigations.  The potential methods for early termination include utilization of the ITC’s Mediation Program, which was introduced in 2008, and other alternative dispute resolution methods.  Further, the statute and regulations provide for early termination of Section 337 investigations through Settlement Agreements or Consent Orders.  This program will discuss the intricacies, benefits, and differences of these various early termination mechanisms, including lessons learned with respect to contents of motions/stipulations, terms of agreements and orders, and enforcement implications.

Moderator:
Juliana M. Cofrancesco, Howrey LLP, Washington, D.C.
Speakers:
Shara L. Aranoff, Chairman, U.S. International Trade Commission, Washington, D.C.
Hon. Charles E. Bullock, Administrative Judge, U.S. International Trade Commission, Washington, D.C.
Hon. Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, Washington, D.C.
Harrie Samaras, ADR & Law Office of Harrie Samaras, Westchester, PA
In-house Counsel (TBD)

12:00-1:30 p.m.

LUNCHEON
Ticketed event

Guest speaker
Sarah T. Harris, Vice President & Chief IP Counsel, AOL LLC
Ms. Harris will address the group on the convergence of competing interests.

Friday's Luncheon Sponsored by

Friday's coffee breaks sponsored by NERA Economic Consulting

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

I. The Future of Distribution of Entertainment Content
Co-sponsored by the ABA Forum on the Entertainment and Sports Industries

The distribution of content is an essential aspect of the entertainment business.  The incredible advance in technologies in the Internet and other more convenient and individualized means of distributing entertainment content to consumers present many challenges in IP practitioners, especially where the law has not caught up with such technologies.  This panel will discuss and explain these new types of technologies available for entertainment content and their impact from various business and legal standpoints.  Attendees will learn about the latest trends and business thinking regarding these methods of distribution --- as they fast become the new standard of business in this field.

Moderator:
TBD
Speakers:
Gary R. Greenstein, Wilson Sonsini Goodrich & Rosati, Washington, D.C.
James Burger, Dow Lohnes PLLC, Washington, D.C.
Steven Englund, Jenner & Block, Washington, D.C.
II. The Net Neutrality Debate: An IP Perspective
Spurred by President Obama's campaign promise to preserve "net neutrality," debates are ongoing in Congress and before the Federal Trade Commission over whether regulations are necessary to protect the Internet, and if so what form those regulations should take.  Join our team of experts as they share various perspectives on the issues, and learn how intellectual property concerns factor into the debate.

Moderator:
Howard P. Walthall, Jr., Burr & Forman LLP, Birmingham, AL
Speakers:
Chris Castle, Christian L. Castle, Attorneys, Los Angeles & San Francisco, CA
Markham Erickson, Holch & Erickson LLP, Washington, D.C.
Prof. David Hricik, Mercer University School of Law, Atlanta, GA
Randy Milch, General Counsel, Verizon Communications, Basking Ridge, NJ
Mercedes Meyer, Drinker Biddle & Reath LLP, Washington, D.C.
III. Patent and Trademark Prosecution Ethics – Shifting Sands or New Directions?
Inequitable conduct has been described as a plague on the patent system.  In recent opinions, the Federal Circuit may be seen as attempting to give guidance but the arrows all point in different directions.  This year, in In re Bose, the Federal Circuit held that "a trademark is obtained fraudulently ... if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the USPTO."  This decision overturned the Medinol "should have known" test for fraud.  Bose is already being discussed for its implication in patent law.  For patents, other issues such as the standards for materiality of information and intent to deceive the USPTO are also unsettled.  This panel will address the need to sort out recent decisions, consider unanswered questions for both patent and trademark practice and provide advice on avoiding fraud allegations. 

Moderator:
Jeffrey A. Lindeman, J.A. Lindeman & Co., PLLC, McLean, VA
Speakers:
Christina D. Frangiosa, Panitch, Schwarze, Belisario & Nadel LLP, Philadelphia, PA
Janet S. Hendrickson, Senninger Powers, St. Louis, MO

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

I. IP Issues in Entertainment Industry Transactions
Co-sponsored by the ABA Forum on the Entertainment and Sports Industries

IP issues are an integral part of most entertainment industry transactions.  This panel will discuss the common IP issues that affect entertainment industry transactions, with a particular emphasis on agreements for the creation and licensing of content and mergers and acquisitions in the entertainment area, including IP due diligence. Issues relating to different areas of the entertainment industry, including music, film, television and literary publishing will also be addressed.

Speakers:
Kenneth M. Kaufman, Manatt, Phelps & Phillips, LLP, Washington, D.C.
Kirk T. Schroder, Schroder, Fidlow & Titley, PLC, Richmond, VA
II. Patent Licensing for Standards: How the Deal is Done
Co-sponsored by the ABA Section of Science & Technology Law

Patent holders that participate in standards setting activities often commit to offer patent licenses under patent rights that are essential to the standard being developed on reasonable and non-discriminatory (RAND) terms and conditions. Such RAND terms and conditions are increasingly the focus of lawsuits, government agency enforcement actions, proposed regulations and legislation worldwide. The proposed program will discuss how such licenses are actually negotiated and structured between patentees and licensees. Specifically the panel will describe the inclusion of such patent licenses in broader portfolio licenses, cross-licenses and other technology and services agreements. The panel will explore the unique trade offs specific patentees and licensees may make among various interdependent terms and conditions often included in such agreements.

Moderator:
Pamela Deese, Arent Fox LLP, Washington, D.C.
Speakers:
Lawrence J. Bassuk, Deputy General Patent Counsel, Texas Instruments Incorporated, Dallas, TX (invited)
Michele Herman, Woodcock Washburn LLP, Seattle, WA
Albert Shuldiner, Senior VP and General Counsel, iBiquity Digital Corporation, Columbia, MD

III. Anatomy of an Infringement Claim: Analyzing and Responding to a Letter Asserting Trademark or Patent Infringement
Rather than as a lecture-style program, this session will be conducted as an interactive workshop. The group will formulate a strategy for advising a client and responding to claims of trademark and patent infringement, based on an evolving fact pattern. The trademark infringement claim concerns a conflict between a federal registration and common law rights in trademarks and trade names, and the territoriality of marks, while the patent problem concerns infringement of claims directed to a software package. The session will explore substantive and procedural issues including defenses, litigation strategies, and ethical issues as they arise. It will also examine certain aspects of a claim from the claimant’s perspective. Everyone’s participation will be encouraged.

Moderator:
TBD
Speakers:
Joel Miller, West Orange, NJ
IV. Patent Practice Perspectives: Addressing Client and Subject Matter Conflicts
In addition to the “normal” client conflict issues, firms with patent practices, particularly those with patent prosecution practices, must also navigate subject matter conflicts. Subject matter conflicts are those relating to the invention’s area of technology. The question then is how to assess and address these two types of conflicts. This panel discussion will look at the issues raised by both client conflicts and consider policies and procedures to address them.

Moderator:
Jeffrey A. Lindeman, J.A. Lindeman & Co. PLLC, McLean, VA
Speakers:
TBD

5:00 - 6:30 p.m.

Corporate Counsel Reception

This intimate reception is a valuable opportunity for corporate counsel to network and discuss issues unique to your positions. All conference attendees are welcome to attend this complimentary event.

6:30 - 10:00 p.m.
25th Anniversary Gala Dinner
Tickets required - $125 individual: $1,600 reserved table of 10

In honor of the 25th Annual Intellectual Property Law Conference, the Section is delighted to host a special Gala Dinner at the Marriott: cocktail reception, followed by dinner, live entertainment and dancing.

Individual tickets or reserved tables must be purchased separately from the conference registration. Registration for the conference is not a pre-requisite.

6:30 - 7:15 - Cocktail reception
7:15 - 10:00 - Dinner with entertainment provided by the Virginia Gentlemen, the University of Virginia's oldest men's a capella group, followed by a DJ and dancing (Cocktail attire is encouraged)

Saturday, April 10

8:30-11:45 a.m.
Hot Topics in Copyright, Trademark and Patent Law

8:30 - 10:00 a.m.
Session I: Mock Preliminary Injunction Hearing
We have all had the emergency call from the client who wants to immediately stop someone's activity.  Come and watch a live mock preliminary injunction hearing in a trademark infringement case argued before a federal judge.  Through argument, direct and cross examination of live witnesses, the trademark owner will try to convince the court to issue an injunction. At the same time, the defendant will offer a tough defense and its own witness as to why the PI should not issue.  And just like in real life (or at least on T.V. law), the federal judge will issue an immediate decision.

Moderator:

Speakers:
Barry L. Cohen, Thorp Reed & Armstrong, LLP, Philadelphia, PA
M. Kelly Tillery, Pepper Hamilton, LLP, Philadelphia, PA
Hon. Edward N. Cahn, Former Chief Judge, U.S. District Court for the Eastern District of Pennsylvania, Philadelphia, PA
J. Alexander Hershey, Thorp Reed & Armstrong LLP, Pittsburgh, PA
10:15 - 11:45 a.m.
Session II: Strategic Forum Selection in Patent Litigation
Forum selection and venue transfer continue to be key aspects of patent litigation strategy. This panel will provide an overview of the core law applicable to a variety of strategic forum selection considerations, including the effect of local patent rules in choosing a forum, motions to transfer venue and discussions of trends in popular district courts deciding transfer motions, motions to stay or adjust case schedules in light of reexamination requests to the USPTO, resolving motions to dismiss in light of Ashcroft v. Iqbal and similar case law, motions to sever defendants in multi-party patent litigation, and or requests to the Judicial Panel on Multidistrict Litigation.

Moderator:
Yar R. Chaikovsky, Sonnenschein Nath & Rosenthal, Palo Alto, CA
Speakers:
Eric Lamison, Kirkland & Ellis LLP, San Francisco, CA
Federal Judge TBD

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

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