December 2008

Register Today for the Dec. 16th Teleconference:
"Litigating Design Patents Under Egyptian Goddess"

Organized by ABA-IPL's Industrial Design Committee, this teleconference will be a timely and interesting discussion analyzing the impact on patent litigation of the recent Federal Circuit en banc opinion of Egyptian Goddess.

This is the first of a series of relevant and insightful teleconferences that are being developed for the Association year.

Mark your calendar for Tuesday, December 16, 1:00 – 2:30 p.m. Eastern.  Register now at:

Reminder: Your Opportunity To Make Nominations For Division And Committee Chairs for 2009-2010

Section Chair-Elect Don Martens is currently considering applications and nominations for division and committee chair appointments for the 2009-2010 ABA year. A recommendation form for these positions can be found on the Section website, along with complete information on procedure. All current division and committee chairs, liaisons, and others are invited to make recommendations, including placing their own names forward, for these positions. To make a recommendation, visit

New Liaison, Committee and Board Appointments

The ABA-IPL Section has made several recent Liaison, Committee Chair and Vice Chair, and Editorial Board appointments.

New Liaisons include:

  • Liaison to the ABA Health Law Section: Steven P. Caltrider, Eli Lilly and Company, Indianapolis, IN
  • Liaison to the ABA Standing Committee on Technology and Information Systems: Brian N. Larson, The Law Office of Brian N. Larson, Minneapolis, MN

New Committee Chair, Vice Chair and Editorial Board appointments include:

  • Special Committee on Trademark and the Internet - Vice Chair: Thad Chaloemtiarana, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, LLP, Chicago, IL
  • Special Committee on Promotion and Marketing Law - Chair: Andrew Lustigman, The Lustigman Firm, P.C., New York, NY
  • Committee on Women in the Profession - Vice Chair: Kimberly S. Grimsley, Bowie & Jensen, LLC, Towson, MD
  • Committee on Computer and Internet Legislation - Vice Chair: Charlena L. Thorpe, Alston & Bird, LLP, Atlanta, GA
  • Magazine Editorial Board - Member: S. Lloyd Smith, Buchanan, Ingersoll & Rooney, P.C., Alexandria, VA
  • Annual Review Board - Member: Christina N. Scelsi, St. Louis, MO

New Special Committee on WHO Intellectual Property Policy Seeks Members

The Section has formed a new Special Committee on the World Health Organization Intellectual Property Policy, chaired by Steven P. Caltrider. If any Section member would like to participate on this special committee, please visit our website at, and locate “Division I – Patents” link, then locate the “Committee 163 – Special Committee on WHO Intellectual Property Policy” to sign up today.


Coming Soon… Annual Review of Intellectual Property Law Developments

Annual Review

This new, annual publication is an extensive and authoritative collection of key legal developments in the courts, agencies, and legislatures. The January 2009 debut volume covers every area of IP law and provides comprehensive coverage of some of the top legal developments, including: eBay, Medimmune, In re Seagate, Egyptian Goddess, In re Comiskey, and more.

Pre-order this essential IP resource today or call 800.285.2221.

$149.95; $139.95 for ABA Members; $129.95 for ABA-IPL Members. 7x10 hardbound, 420 pages, Product Code 5370164.

ABA-IPL to Offer CLE Programming at the 2009 ABA Midyear Meeting in Boston

ABA-IPL will once again offer CLE-accredited programming at the ABA’s Midyear Meeting, February 12 – 14, 2009 in Boston.  All Section members are invited to attend four Section-sponsored CLE program sessions on Saturday, Feb. 14. Topics include Compulsory Licensing and other IP Controls, Privacy in the Digital World, IP Protection of Computer Software and Hot Topics in Patent Litigation. Find a complete listing of ABA-IPL's CLE programs and events at: Program Chair is Marc Temin, Foley Hoag LLP, Boston, MA.

You must register for the ABA Midyear Meeting to attend, but there is no fee for registration and no additional fee to participate in the CLE programs. For general information and to register, visit the ABA Midyear Meeting website at: The Section hotel is the Sheraton Boston.

24th Annual Intellectual Property Law Conference…a Unique IP Experience

2009 marks the Section’s 24th Annual Intellectual Property Law Conference, April 1 - 4, at the Crystal Gateway Marriott in Arlington, Virginia in cooperation with the ABA Section of Science & Technology Law. This conference is an annual two and one-half day gathering of the best in CLE programming, pre-eminent moderators and speakers comprising the foremost authorities in IP law—including  judges, government officials, in-house counsel, academics and private practitioners. This year we will be offering a new CLE session: a mock appellate argument at the U.S. Court of Appeals for the Federal Circuit with the participation of Chief Judge Paul R. Michel. 

We also provide special events and networking opportunities for you to meet with your colleagues.  Visit the website to view a complete list of CLE programs and events:  Conference brochures will be in your mailboxes mid-January, but don’t hesitate to register on-line today!

2009 ABA Annual Meeting in Chicago Will Provide Cutting Edge IP Topics

The Annual ABA Meeting is an extraordinary opportunity for Section members to participate in activities and educational programming from across the entire ABA. The Section offers its own array of comprehensive educational programs, committee activities and memorable social networking opportunities.
At this meeting you will benefit from Section-sponsored CLE programs in the areas of:

  • User-generated content
  • IP valuation and audits
  • Grey market goods
  • Green marketing

Other highlights will include:

  • Professional Development Program
  • Committees Day
  • Section Business Session Debates
  • Members Forum, where members to exchange ideas and vote on hot button IP issues. 

Next year’s Annual Meeting will be a great opportunity to network with your colleagues at exciting events such as our Section Celebration at Soldier Field, home of the Chicago Bears, or our Annual Reception with the Section of International Law at the InterContinental Chicago Hotel.

Watch for conference details at:

The Next Generation of CLE: Preloaded iPods and MP3 Audio

ABA-IPL is pleased to announce CLE programs featuring leading legal experts in IP law available on preloaded iPods, or as audio downloads in MP3 format.

Apple iPod classic Intellectual Property Law Edition (120GB/Black)

   The latest generation iPod classic is preloaded with audio recordingds of four of our most popular Section of Intellectual Property Law CLE Programs: Are the Supreme Court and Federal Circuit on the Same Page for Patent Law?, Trademark Law and the Private Label Revolution, The Digital Millennium Copyright Act and User-Generated Content and The Federal Circuit's Appellate Mediation Program, including PDF files of course materials for these sessions that can be transferred to and viewed on your personal computer. You can also fill your iPod with other audio CLE programs, podcasts, and your favorite music, photos and videos.

Audio CLE Downloads
Audio recordings of ABA-IPL CLE sessions for the 23rd Annual Intellectual Property Law Conference are also available for purchase and download in MP3 format, streaming format for online listening, or purchase (in CD format) through the ABA Web Store. CLE accreditation is available for listening to these programs (in states that have provisions for CLE credit for such sessions).

The sessions available cover the spectrum of intellectual property law. MP3 download titles include:

  • 2021: A Patent Odyssey—Where Will Patent Reform Ultimately Take Us?
  • Are the Supreme Court and Federal Circuit on the Same Page for Patent Law?
  • Patent Trolls: Are They Down For The Count?
  • What Patent Law Reform Really Means For You
  • Latest Developments in the U.S. Patent Office
  • Patent Policies for International Standards Development – Balance and Perspectives
  • Tips from the Trademark Trial and Appeal Board: Practice Basics, the New Rules, and More
  • Trademark Law and the Private Label Revolution
  • Copyright Damages and Secondary Liability: Looking Back to See the Future
  • The Digital Millennium Copyright Act and User-Generated Content
  • Show Me the Money: Explointing New Media Revenues
  • Breaking News – Exploring the Latest IP Hot Topics
  • Corporate Counsel – Leading Edge Corporate Licensing Strategies
  • Corporate Counsel – Avatars at the Gate—How to Wield the Computer Fraud and Abuse Act to Protect Your Trade Secrets in a World of Cyber Crimes
  • Gaming and Virtual Worlds: The New Legal Frontier
  • Methods and Madness—Drafting and Negotiating Software Licenses for Virtual Computing Environments
  • The Federal Circuit’s Appellate Mediation Program

To order and download your copy of these informative and educational sessions, or purchase other Section publications and audio downloads, go to the ABA Web Store at, and search on keyword “Intellectual Property Law”.

Section ITC Committee Co-Sponsors Successful Forum

On December 2 the ITC Committee of the ABA Section of Intellectual Property Law and the International Trade and International Intellectual Property Rights Committees of the ABA Section of International Law co-sponsored “Live at the ITC: First Annual Forum on Section 337 of the Tariff Act of 1930.” This three-hour program, held at the ABA’s DC offices, was organized into two roundtables to promote significant audience interaction.

Matt Dunne of the International Trade Committee and Jeff Whieldon, chair of the ITC Committee, made introductory and closing remarks.

The first portion focusing on “The Public Interest Requirement Under Section 337” was moderated by Jim Holbein of the U.S. International Trade Commission, with speakers Dave Foster of Miller & Chevalier, Tom Jarvis of Finnegan, and Charles Schill of Steptoe & Johnson. This panel featured a history of the Act, especially the amendments of 1974, when the ITC was given substantially more authority than it had in the past— essentially turning over to the Commission the authority to hold evidentiary hearings and issue remedial orders. Remedial orders were previously reserved to the President only upon recommendation by the ITC and rarely exercised. A discussion of this shift of authority and responsibility as a likely by-product of the Presidential abuses of the Watergate era provided an especially thought-provoking perspective.

The second roundtable was moderated by Alex Koff of Whiteford Taylor & Preston featuring speakers Jim Altman of Miller & Chevalier, Tom Schaumberg of Adduci Mastriani & Schaumberg, and Sturge Sobin of Covington & Burling who addressed the subject of the “Evolution of the Use of Section 337.

This very successful event, which will now be an annual program, attracted over 50 people for roundtables and a wine and cheese reception. The Second Annual Forum will take place later next year.

LEI National CLE Conference in Vail

ABA-IPL co-sponsors the 26th Annual National CLE Conference, January 3-7, 2009 in Vail, CO. The Intellectual Property Law program portion of the conference features Hon. Randall R. Rader, U.S. Court of Appeals for the Federal Circuit.

“We are proud to have assembled a top-notch faculty for presenting cutting-edge intellectual property topics in one of the world's most beautiful and exhilarating locations. Come hear leading corporate and private practitioners discuss practical ramifications of recent decisions affecting your patent, trademark and copyright practice while skiing the slopes of one of the world's greatest resorts. David Bernstein and I, as co-chairs of this Intellectual Property track of the National CLE Conference, invite you to join us this January for this unique CLE experience.”
Scott Alter, IP Program Co-Chair

Register Online today for this conference.

ABA Section of Intellectual Property Law 2009 Conferences… Make your plans now!

24th Annual - IPL Conference

More than just continuing legal education … a unique IP experience

Mark your calendar and watch for complete conference and
registration information on our website as it becomes available.

24th Annual Intellectual Property Law Conference April 1-4, 2009
Crystal Gateway Marriott Hotel
Arlington, Virginia

ABA Annual Meeting & ABA-IPL Section Programs
July 30 - August 4, 2009
Intercontinental Chicago Hotel
Chicago, Illinois