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ABA Intellectual Property Law Conference to address patent trolls, fair use and nontraditional trademarks, among other key IP topics

ABA Intellectual Property Law Conference to address patent trolls, fair use and nontraditional trademarks, among other key IP topics

By John Glynn

WASHINGTON, March 12, 2014 — Obtain insight and ideas from intellectual property experts and practitioners from around the world who will discuss the critical issues in IP law at the American Bar Association 29th Annual Intellectual Property Law Conference April 2-4 at the Crystal Gateway Marriot in Arlington, Va.

The conference is recognized for its national and international scope and draws a broad spectrum of the top practitioners in IP law. Speakers include judges, government officials, in-house counsel and private practitioners.

Maria Pallante, register of copyrights and director of the U.S. Copyright Office, will give keynote remarks at noon on April 3, and Michelle Lee, deputy undersecretary of commerce for intellectual property and deputy director of the U.S. Patent and Trademark Office, will serve as the luncheon speaker on April 4. Randall R. Rader, chief judge of the U.S. Circuit Court of Appeals for the Federal Circuit, will participate in a panel focused on damages analysis in patent suits.

Program highlights include:

“Data Security: Best Practices for Protecting Data, Breach Response Planning and Action and a Layout of the Cybersecurity Risk Landscape” — Companies, firms and organizations are making data safety a priority and establishing policies to protect the personally identifiable information of consumers and employees as well as other proprietary information. This program will explore best practices for implementing protection, contingency planning for data breaches and the factual landscape of data security, including identifying recent trends as to susceptible business sectors, risk parameters and costs of compliance and remediation.
Wednesday, April 2, 10:30 a.m. – noon

“China Has Amended Its IP Laws: Now What?” — This program will provide an overview of recent legislative IP developments in China, including improvements on preliminary instructions for IP lawsuits, changes in damages in IP lawsuits and new trademark laws and their effects on trademark protection in China. In addition, the program will feature an economic analysis in patent litigation and a discussion of important issues given the rise of China as a new forum for resolving patent disputes. Panelists will also explore analysis and litigation strategies to create and enforce IP rights in China and to defend copycats’ malicious litigation against innovators.
Wednesday, April 2, 1 – 2:30 p.m.

“The U.S. Copyright Office: Updates on Policy, Programs and Practices” — Senior staff of the U.S. Copyright Office will discuss recent policy initiatives, including the “next great copyright act,” the small copyright claims report and resale royalty study; registration and recordation related developments; initiatives to update the office’s technology systems; and recent international developments.
Thursday, April 3, 8:30 – 10 a.m.

Hollow Remedies: Insufficient Relief Under the Lanham Act” — It has been argued that the Lanham Act provides insufficient relief for trademark litigants in the areas of statutory damages, enhanced damage awards, presumptions of harm for injunctive relief in the context of trademark infringement and unfair competition suits. Potential amendments have been discussed within the section that are aimed at creating more predictable results in the litigation process for practitioners, protecting brand owners from would-be infringers and addressing the ongoing concerns surrounding aggressive litigation tactics. Panelists will examine several of the proposals, engage in a point-and-counterpoint debate and elicit the viewpoints of experienced practitioners about the effectiveness of these remedies in the “real world” of trademark litigation.
Thursday, April 3, 10:15 – 11:45 a.m.

“Are Trolls Really Out of Control? Reflections on Recent Efforts to Limit ‘Abusive Patent Litigation’” — Panelists will reflect on the implications of current administrative, legislative and judicial efforts to reduce litigation by patent assertion entities. Topics will include recent presidential remarks and executive actions against “patent trolls,” current legislative proposals, Vermont’s new anti-patent trolling law, the Federal Circuit’s perspective, the International Trade Commission’s response and the potential effect on nonmanufacturing entities from inventors to large corporations.
Friday, April 4, 8:30 – 10 a.m.

In addition to numerous educational workshops, the conference will feature its first Intellectual Property Law Scholarship Symposium on Wednesday, April 2. Academics and other scholars will present a draft article or other work in progress. These concurrent sessions will be held from 3 – 4:30 p.m.:

  • Transforming Art: Copyright’s Fair Use in Visual Art
  • Dilution at the USPTO
  • The Rise of the End User in Patent Litigation

A designated IP practitioner commentator and conference attendees will provide comments and feedback to each author.

29th Annual Intellectual Property Law Conference
Sponsored by the ABA Section of Intellectual Property Law in cooperation with the ABA Section of Science and Technology Law and the ABA Forum on Entertainment and Sports Industries

April 2-4

Crystal Gateway Marriott Hotel
1700 Jefferson Davis Highway
Arlington, VA 22202-3555

A complete agenda and updated list of speakers can be found at

This event is free and open to members of the press. For media credentialing, please contact Ali Cybulski at

The nearly 25,000-member ABA Section of Intellectual Property Law provides the highest quality information, analysis and practice tools to intellectual property lawyers and serves as the thoughtful source of information and commentary for policymakers as they consider legislation affecting the law and regulations in intellectual property matters. The section is respected and known as the premier resource for knowledge in this increasingly important and complex area of law.

With nearly 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at and on Twitter @ABANews.

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