Copyright Protection for Useful Articles

Thursday, May 11, 2017, 2 p.m.–3 p.m. EST

panel will discuss the appropriate test for determining whether a feature of a useful article is protectable under the Copyright Act. Register today!

2017 ABA Annual Meeting
Le Parker Meridien, New York, NY
August 10–12, 2017

During the ABA Annual Meeting, the Section of Litigation offers 3 CLE Showcase programs that will take your litigation skills to the next level and help you stay abreast of the most current developing legal issues. Our 5 networking events will provide the opportunity to make connections while enjoying NYC. Learn more.

District courts appear to be embracing a totality of the circumstances test.

Accused infringers must show that the controversy is sufficiently immediate but was not filed in anticipation of imminent litigation.

Venue selection can be vital to the outcome of a case.

A defendant must be diligent in acting to remove before the 30-day window closes.

Serve your clients better by evaluating both your own ability to recover fees and your adversaries’ possible recovery early in the case.

Implementing measures may enable a court to treat the misappropriated info as a trade secret.

Remedies under the new federal trade secrets statute may no longer be preserved.

This time he's up against his most famous adversary yet, Dennis Morris.

This term has been a particularly active one for patent cases in the Supreme Court. As of February 8, the Court has already decided one patent case and granted certiorari in five more. Twelve more patent case petitions are pending. It’s a lot to keep track of. So the Intellectual Property Committee has gathered a group of leaders to provide a quick review and update on the following key cases:

  • Samsung v. Apple (design patent damages)
  • SCA Hygiene Products v. First Quality Baby Products (laches)
  • Life Technologies v. Promega (extra territorial induced infringement under 35 U.S.C. 271(f)(1))
  • TC Heartland LLC v. Kraft Food Brands Group LLC (venue)
  • Impression Products, Inc. v. Lexmark International, Inc. (patent exhaustion and restraints on downstream uses)
(21:33 min.)

The Supreme Court's recent decision in Kirtsaeng v. John Wiley & Sons provides guidance for awards of attorneys' fees to prevailing parties in copyright infringement cases. This program will explore the mechanics and substance of obtaining attorneys fees. (1:02:59 min)

The basics of when and how to use encryption to ensure the reasonable confidentiality of attorney-client communications. (12:44 min)

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