July 2009

Take advantage of an opportunity to participate in developing Section policy. In the past, an ABA-IPL committee needed a quorum of all lawyer members in order to have a valid vote on policy resolutions being presented to the Section Council. The process has changed and now resolutions will be voted on by self-subscribed voting members. Voting members will be asked to study the policy issues of the committee and vote on the reports in a timely and responsive manner. Any lawyer member of a committee is welcome to sign up to be a voting member of the committee.

Committee members that choose not to enroll as a voting member can still participate in all other committee activities and receive any committee information.

Details on Committee Voting Membership:

  • Committee Members may sign up throughout the entire year. Once a committee begins deliberations on a particular resolution, no new voting members will be allowed to subscribe for the purpose of voting on that particular resolution. The committee chair determines the date on which deliberations have begun.
  • Members may opt out of being a voting member at any time by notifying the Committee Chair. Those opting out of voting membership will still retain their membership in the committee.
  • A valid vote on a committee resolution will consist of a majority of a quorum of the voting committee members. There is no upper limit, nor lower limit to the number of people who may subscribe to be voting members on a particular committee.
  • Only Lawyer members of the committee are eligible to be become voting members of the committee.
  • Voting members will receive a communication from the Committee Chair once voting begins, requesting a vote by a date-certain. Voting members not submitting a vote by a requested date for two successive resolution vote calls will revert to regular membership of the committee, and will need to re-subscribe as a voting member.
  • The committee rosters, including the roster of voting committee members will roll over to subsequent years. There is no need to re-subscribe as a voting committee member with each new Association year.

Please remember to notify the ABA if your email address changes. You can do this yourself by logging in to your “myABA” page on the ABA website. Find the link at the top of any page in the ABA website.

Section events at the ABA Annual Meeting

Section Business Session:
IP Policy in the Crossfire

All ABA-IPL Section Members are Encouraged to Attend and Participate

All Section members are invited and encouraged to attend the Section Business Session at the 2009 ABA Annual Meeting in Chicago. Engaging debates are slated on topics that include: 1) whether willfulness is required for any award of an accounting for a defendant’s profits under the Lanham Act; and 2) disclaiming a component of a mark sought to be registered.

A Members Forum following the Business Session swill present a discussion on two topics: 1) deferred examination of patent applications; and 2) whether embodiments lasting only a transitory duration are “copies” under the Copyright Act. The Section Business Session and Members Forum will be held on Saturday, August 1, 8:30-11:45 a.m. at the InterContinental Chicago Hotel.

Keynote Address:
The session will be led off by special remarks on inequitable conduct, presented by Chief Judge Paul R. Michel of the U.S. Court of Appeals for the Federal Circuit.

Business Session Debates:
Immediately following the opening address, the Section’s Business Session will commence. The Section Council met on June 1, 2009 to discuss resolutions proposed by the Section Committees for adoption as Section policy. From these resolutions, the Council selected and classified specific ones to be debated and voted upon at the Business Session. You can find complete information on those resolutions classified for debate* at www.abanet.org/intelprop/annual2009/business-session.

*(The remainder of resolutions proposed by the Section Committees that were not classified by Council for full debate were either approved by Council, recommitted to the committees for further consideration, or allowed to rest as committee reports. You will find links to all those resolutions on the same page as those classified for debate. This page also contains information on the resolution, classification and debate process of the Business Session as well as links to the full committee reports.)

Open Forum:

  • Deferred examination of patent applications, and
  • Whether embodiments lasting only a transitory duration are “copies” under the Copyright Act

    Following the Business Session debates, an open Members Forum will provide members with an opportunity to discuss issues related to two topics. The first topic will present the issues and varying positions on deferred examination, and the second topic will present the issues and varying positions on the transitory duration subject. Member participants will be able to weigh in with their thoughtful positions on the issue. In the Section’s tradition of deep thinking and analysis on issues, we will not be making policy nor voting on any position during the Open Forum. Rather it is an opportunity to present the various positions and hear the differing ideas regarding the issue.

    Business Meeting with Elections:
    At the conclusion of the Section Members Forum, the formal Business Session will reconvene with Section elections for open elective leadership positions and a vote on amendments to the Section bylaws. Details on the elections and bylaw amendments are provided below.

    Annual Section Luncheon -
    Exciting Keynote Presentation on Copyright Fair Use:

    Anthony FalzoneFollowing the Business Session elections, all Section members are invited to attend the Section Luncheon at the Obama HOPE posterInterContinental Hotel, where there will be a brief awards presentation and a guest luncheon presentation by Anthony Falzone, executive director of the Fair Use Project at Stanford University, who is representing artist Shepard Fairey in the Obama HOPE poster infringement case. Tickets for the luncheon can be purchased at ABA registration at the Hyatt Regency Chicago, when you stop in to pick up your registration materials. Tickets will also be available at the Section’s IP Central Hospitality Hub at the InterContinental Hotel. Tickets are limited and will not be available at the door of the luncheon, so be sure to purchase your tickets early.

    Section Annual Meeting Social Events:
    Soldier FieldThe Section is planning numerous social networking opportunities and unique events at the ABA Annual Meeting in Chicago. Highlights include a Joint Reception with the Section of International Law on Friday, July 31 at the InterContinental and the Section Celebration at Soldier Field, home of the Chicago Bears, on Saturday, August 1. All Section members are invited and encouraged to attend these events. Section-organized tours for spouses or guests will feature an architectural river cruise, fabulous lunch venues, a behind-the-scene tour of Wrigley Field and other fun excursions. For complete information on Section events or to purchase tickets.

    Enhance Your IP IQ with Section CLE Programs:
    The Section will offer a comprehensive selection of CLE programs with expert-led panels at the Annual Meeting in Chicago. Programs include:

    • Listen to the Sound of Music – Recent Pitfalls in Online Music Distribution
    • Helping Companies in a Down Economy: Strategic Planning for Identifying and Valuing Your IP
    • Mr. Lincoln’s Patent
    • Presidential Showcase Program: Blogomania – User Generated Content and the New Media Revolution
    • Green Marketing – Everyone is Going Green, Are You?

    Plan to Attend Committees Day at Annual Meeting
    ABA-IPL Section Committees have developed an array of quality free CLE Roundtables at the InterContinental Chicago during its Committees Day on Friday, July 31. Roundtables include:

    10:30 - 11:30 a.m. (choose one of four)

    • Fraud on the U.S. Trademark Office: When "Less is More" and When "More is Better"
    • Patent Reform Act 2009: A Fresh Look?
    • Publish or Perish: Understanding Book Publishing
    • Practical Strategies for Handling Disputes of All Sizes

    4:00 - 5:00 p.m. (choose one of four)

    • Hot Topics in Computer Games and Virtual Worlds
    • In re Bilski: Are Method Claims a Thing of the Past?
    • Keeping Up with What's Hot in High Tech Copyrights
    • Orphan Works Legislation: Is it Time for Congress to Adopt?

    There are no tickets required, but arrive early as space is limited.  A list of descriptions, speakers and room locations, can be found here.   If your committee would like to schedule a meeting, please contact Megan Potter Puzen at 312-988-6254.

Section to Vote on By-Law Amendments

All Section members are notified that there will be a vote on proposed amendments to the Section By-Laws at the Section’s Annual Business Meeting at the ABA Annual Meeting, Saturday morning, August 1, 2009, 11:15-11:45 a.m., immediately following the Section Business Session and Members Forum, at the InterContinental Hotel.

The amendments, approved by the Section Council at its meeting on April 4, 2009, related to three topics:

1) Creates a provision for succession for the Section Chair, Chair-Elect, Vice-Chair and Secretary.  (Article VIII)

2) Brings the Bylaws into conformity with ABA policy and practice in regard to submission of request for Blanket Authority and Technical Comments.
(Article IX, Section 4)

3) Clarifies the definition of who is eligible to vote within a committee.
(Article IX, Section 6)

The ABA Board of Governors has approved these bylaw amendments subject to a vote of the Section membership at the 2009 ABA Annual Meeting in August.

A further set of bylaws amendments relate to the creation of a Membership Officer position within the Section. These amendments are being submitted for approval by the ABA Board of Governors at its meeting during the ABA Annual Meeting, on July 30, subject to a vote of the Section membership at the 2009 ABA Annual Meeting on August 1.

The proposed changes are listed below. Added language is underlined and deleted language is struck out.

Bylaw Amendments approved by the ABA Board of Governors, June, 2009

Article VIII
Succession of Officers, Vacancies, Etc. 1

Section 1.         Chair‑Elect.   (a)  The Subject to subsection (b) of this Section, the Chair‑Elect shall automatically assume the office of Chair for the term of one year at the end of the annual meeting following the one at which the Chair-Elect was elected, unless the Chair-Elect has resigned or, as determined by the Council, has refused or is unable to act as Chair.

__________________________

                                              (b) Upon the death, resignation, or during the disability of the Chair, or, as determined by the Council, upon the refusal or inability of the Chair to act, the Chair‑Elect shall perform the duties of the Chair for the remainder of the Chair's term, except in case of the Chair's disability, and then only during so much of the term as the disability continues.  At the next annual meeting, if the Chair-Elect has performed the duties of the Chair for more than seven (7) months, the Vice-Chair shall automatically assume the position of Chair for the term of one year.



Section 2.         Vice‑Chair.     (a) Upon the death, resignation, or during the disability of the Chair‑Elect, or, as determined by the Council, upon the refusal or inability of the Chair-Elect to act, the Vice‑Chair shall perform the duties of the Chair‑Elect for the remainder of the Chair‑Elect's term, except in case of the Chair‑Elect's disability and then only during so much of the term as the disability continues.
 
Section 3.         Secretary .  Upon the death, resignation, or during the disability of the Vice-Chair, or, as determined by the Council, upon the refusal or inability of the Vice-Chair to act, the Secretary shall perform the duties of the Vice-Chair for the remainder of the Vice-Chair's term, except in case of the Vice-Chair's disability and then only during so much of the term as the disability continues.
           
                                     (b) Upon the death,resignation, or during the disability of both Chair and Chair Elect, or as determined by the Council, upon their refusal or inability to act, the Vice Chair shall perform the duties of the Chair for the remainder of the Chair's term, except in case of disability, and then only during so much of the term as the disability continues.

Section 4.          Council.           (a)  The Council, during the interim between annual meetings of the Section, may fill vacancies in its own membership or in the offices of Secretary, Financial Officer, or Publications Officer, or, in the event of a vacancy in all of the offices of Chair, Chair Elect and Vice Chair, may fill vacancies in the offices of Chair and Vice Chair. Members of the Council and officers so elected shall serve until the close of the next annual meeting of the Section.

                                                (b)  Unless excused by Council, if any elected member of the Council shall fail to attend a Council meeting held in conjunction with each of two successive annual meetings of the Section, the office held by such member shall be automatically vacated, and the Council shall select a member to fill the vacancy until the close of the next annual meeting of the Section.

Section 5.         Multiple Vacancies.   Upon the occurrence of vacancies in more than one of the offices of Chair, Chair-Elect and Vice-Chair, each of the vacancies shall be filled, until the close of the next annual meeting of the Section, by the elevation of the next person then serving in the order of succession (such order of succession being Chair, Chair-Elect, Vice-Chair and Secretary). After such elevations of positions, Council shall fill any remaining vacancy in such offices or in the office of Secretary until the close of the next annual meeting of the Section.

 

Article IX
Miscellaneous Provisions

Section 4.         (a)        Any action by this Section must be approved by the Association before the same becomes effective as the action of the Association.  If the Section has complied with the Association's Blanket Authority policies, conditions, and procedures, the Section may present a statement in its own name, rather than in that of the Association, to a federal, territorial, state, or municipal government body or agency.  Also, if the Section has complied with such policies, conditions, and procedures relating to technical comments, the Section may submit technical comments to a government executive branch agency and/or government independent agency.  

                        (b)        A committee composed of the officers of the Section shall review the resolutions adopted by the Council or Section to determine whether to (i) refer them to an appropriate higher body of the Association for adoption as positions of the Association, (ii) seek Blanket Authority based thereon and, if granted, present a statement as set forth above; or (iii) submit technical comments based thereon as set forth above; but
                                                (1) no resolution adopted earlier than the third preceding annual meeting may be so referred without approval by the Council or the Section, and
                                                (2) no resolution may be so referred if the Council or Section has removed it from the authority of the committee by a separate resolution specific to that purpose.

Section 6.         A majority of th os e members of a Section committee having the right to vote constitutes a quorum, and no less than a majority of such quorum in favor of a committee resolution, position or report shall suffice to validate such resolution, position or report.

 

Bylaw Amendments to be approved by the ABA Board of Governors, July, 2009

Article I, Section B was amended to add Membership Officer:

“B.       Organization and Procedure

The officials include a Chair, Chair-Elect, Vice-Chair, Secretary, Financial Officer, Publications Officer, Membership Officer, Section Delegates to the House of Delegates, Immediate Past Chair, and Council.  The Chair-Elect may also appoint, to serve during his or her term as Chair, and an Assistant to the Secretary.”

Article IV was amended to add the following Section 6 to describe the duties of the new Publications Officer position:

Section 6.  Membership Officer. The Membership Officer shall have responsibility for advancing Section and ABA membership goals. The Membership Officer shall oversee the Section’s membership development through liaison with Section and ABA staff and relevant Section committees. The Membership Officer shall prepare a report on the Section’s membership for presentation at each in-person meeting of the Council and shall prepare such other recommendations and special reports on membership issues as may be requested by the Chair of the Section.

Article VII, Section 1 was amended as follows:

Section 1.  At each annual meeting of the Section, the Section shall elect:

(a) a Chair-Elect, Vice-Chair, Secretary, Financial Officer, Publications Officer, and Membership Officer, for a term of one year.

In addition, Article VII was amended to replace Section 6, currently referring to the start of term for the new publications officer position created in 2008, to provide for the start of the term of the new membership officer:

Section 6.               The election of the Membership Officer at the 2010 Annual Meeting shall be deemed in compliance with these Bylaws.

Section 6.               The election of the Publicaions Officer at the 2008 Annual Meeting shall be deemed in compliance with these Bylaws.

Finally, Article VIII, Section 3 was amended as follows:

Section 3.  Council .  (a)  The Council, during the interim between annual meetings of the Section, may fill vacancies in its own membership or in the offices of Secretary, Financial Officer, Publications Officer, or Membership Officer, or, in the event of a vacancy in all of the offices of Chair, Chair-Elect and Vice-Chair, may fill vacancies in the offices of Chair and Vice-Chair.  Members of the Council and officers so elected shall serve until the close of the next annual meeting of the Section.

Section Elections to be Held at ABA Annual Meeting

Section elections for open elective leadership positions will be held at the ABA Annual Meeting in Chicago on Saturday morning, August 1, 2009 at the InterContinental Hotel during the Section’s Annual Business Meeting.

The following candidates have been nominated for the 2009-2010 year:

Marylee JenkinsChair-Elect: Marylee Jenkins , New York, NY. Ms. Jenkins currently serves as the Section Vice-Chair and Chair of the Section’s Long Range Planning Committee. Ms. Jenkins has served as a Section Council member for five years and as Assistant to the Secretary for one year. She has chaired Division VII – Information Technology and the Division’s Special Committee on Trademarks and the Internet, and as the Section’s Membership Committee Chair and Program Chair of Section activities at the 2008 ABA Annual Meeting in New York City. She has served in a number of Section Liaison roles, including to the Young Lawyers Division (YLD), ABA Standing Committee on Technology and Information Systems (SCOTIS), SOC Technology Committee, SOC Liaison to SCOTIS and ABA Commission on Women. She was a committee member of SCOTIS for three years and was appointed ABA Representative to the Intellectual Property Constituency of the Internet Corporation for Assigned Names and Numbers (ICANN) for 6 years by the ABA Board of Governors. Ms. Jenkins has also been a council member, director and chair of the Computer and Intellectual Property Law Committee of the ABA Young Lawyers Division (YLD) and is a Fellow of the American Bar Foundation.

 

Robert ArmitageVice Chair: Robert A. Armitage , Indianapolis, IN. Mr. Armitage served on the Section Council for four years. Prior to serving on the Council, he served as Division Chair of the former Division IX – Publications and Public Education, as Division Chair of Division IV–Related Legal Issues, as Division Chair of former Division X–Biosciences and Chemical Practice, and as Division Chair of Division I–Patents. In addition, he has served as committee chair of numerous committees within all of these divisions, and as Program Chair of the Annual Intellectual Property Law Conference.

 

Adriana LuedkeSecretary: Adriana Suringa Luedke, Minneapolis, MN. Ms. Luedke is the current Chair of Division I – Patents, and the Section Liaison to the ABA Commission on Women in the Profession. She has served as Chair of Division VIII – Meetings and Resolutions. She has also Chaired the Committee on Patent System Policy Planning, the Committee on Government Relations to Patents and the Young Lawyers Committee, and has served as Program Vice Chair for the Annual Intellectual Property Law Conference and Program Co-Chair of the Section Activities at the ABA Midyear Meeting.

 

Theodore DavisFinancial Officer: Theodore H. Davis, Jr., Atlanta, GA. Mr. Davis has served as Financial Officer for two years, and as a Council Member for four years. He Chaired the former Division IX – Publications and Public Education, Division II – Trademarks and Unfair Competition, and the Committees on State Trademark Laws, International Trademark Treaties and Laws, and Federal Trademark Legislation.

Joe PotenzaPublications Officer: Joseph M. Potenza , Washington, DC. Mr. Potenza is the current Publications Officer and Chair of the Content Advisory Board. He served on the Section Council for four years, and as Section Secretary for three years. Mr. Potenza is currently a member of the ABA Standing Committee on the Federal Judiciary, and has been a long-standing member of the ABA Standing Committee on Publishing Oversight where he continues to serve as a Special Advisor. Previously, Mr. Potenza was Program Chair of the Annual Intellectual Property Law Conference and Co-Chair of the former Summer IPL Conference. He also served as Chair of Division VI – Litigation, Alternative Dispute Resolution and Related Issues, and the committees on Patent System Policy Planning, Public Information, Trial and Appellate Rules and Procedure, and Young Lawyers. Mr. Potenza is also a former Chair of the ABA Section of Science & Technology Law.

Donald R. DunnerSection Delegate to the ABA House of Delegates for a three-year term expiring in 2012: Donald R. Dunner. Mr. Dunner is currently Section Delegate to the ABA House of Delegates, with a term expiring in 2009. He has served as Delegate since 2002. A past Chair of the Section (1995-96), Mr. Dunner also served on the Section Council for a four-year term. He has chaired Division IV – Related Legal Issues, and served as Chair of the Special Committee on the Court of Appeals for the Federal Circuit, and numerous other committees within the Section over the past 40+ years.

Members of the Section Council for a four-year term ending in 2013:

 

Mark DicksonMark K. Dickson, San Mateo, CA. Mr. Dickson currently serves on the Content Advisory Board. He served three years as the Section Financial Officer, and four years as the Annual Publications Editor. He has served as a vice-chair of the Annual Report Committee, and as chair of a number of Section committees. He has also served as a Liaison to the Section of Real Property Trust and Estate Law, and as the Liaison from the Law Student Division.

 

Lisa A. DunnerLisa A. Dunner, Washington, DC. Ms. Dunner has served as Chair of the Magazine Editorial Board, and as a member of the Content Advisory Board. Prior to the inception of the Section’s new magazine, Landslide, last year, Ms. Dunner was the Editor for five years of its forerunner, the IPL Newsletter. She has also served as the Section Liaison to the ABA Commission on Women in the Profession.

 

Nancy J. LinckNancy J. Linck, Washington, DC. Ms. Linck served as Chair of the Corporate Practice Committee for two years, and as the Section Liaison to the U.S. Patent and Trademark Office for three years. She has also served as chair of the former Inventors Committee of the Patents Division.

 

Ralph OmanRalph Oman, Washington, DC. Mr. Oman is Chair of Division III – Copyrights. He also has served as Liaison to the WIPO Standing Committee on Copyrights and Related Rights. Mr. Oman has served as Chair of the Committees on University Intellectual Property Law, Copyright Legislation, Government Relations to Copyrights, Authors, and International Copyright Treaties and Laws.

 

Don MartensAccording to Section bylaws, Don W. Martens, current Chair-Elect, automatically assumes the office of Chair for the 2009-2010 Association year. Mr. Martens has served as Chair of the Section’s Task Force on Patent Law Reform. He has served on the Section Council, and as Committee Chair for the Committee on University Intellectual Property Law, Special Committee on Site Selection, Committee on Arbitration and Other Alternative Procedures, Committee on the Court of Appeals for the Federal Circuit and Division Chair for Division I – Patents, Division VI – Litigation, Alternative Dispute Resolution & Related Issues, and Division IV – Related Legal Issues.

The Nominating Committee is chaired by William L. LaFuze, Houston, TX. In addition to the Chair, the Nominating Committee is comprised of Pamela Banner Krupka, Los Angeles, CA, June M. Besek, New York, NY, Kristine Boylan, Minneapolis, MN, and Craig Summers, Irvine, CA.

As noted in a previous e-News message to the Section, additional nominations for any position are to be made by petition signed by not less than 100 members of the Section, listed by their ABA ID number. The 100 names must be representative of at least three states and must indicate that the individual has agreed to the nomination. The petitions are to be sent to the Chair and the Secretary of the Section and are to be received by these individuals not less than four months before the Opening Assembly of the Annual Meeting. The Opening Assembly will be held on Saturday, August 1, 2009.


ABA-IPL Submits Recommendations
for Vote by ABA House of Delegates

The Section of Intellectual Property Law has submitted four recommendations in the subject of Inequitable Conduct to the ABA House of Delegates for consideration to be ABA policy. The recommendations will be voted on during the House of Delegates Meeting at this year’s ABA Annual Meeting in Chicago. These are Recommendations 107A-D in the House of Delegates Summary of Recommendations, which can be found at: www.abanet.org/leadership/2009/annual.

R. Mark Field Receives Section of International Law Award

R, Mark Field, of Memphis, TN, Chair of the Committee on Online Security and e-Privacy, was recently selected to receive the Section of International Law’s “Best 2008 Fall Meeting Program Award”, for a program he proposed and co-chaired during that Section’s 2008 Fall Meeting in Brussels. The program was entitled “Data Breach Notification: Roundtable Discussion of U.S., E.U., and APEC Approaches and Related Policy Considerations.” The ABA-IPL Committee on Online Security and e-Privacy was a co-sponsor of the program. Joining Mr. Field in receiving the award was the program co-chair, Demetrious Eleftheriou, New York, NY, who moderated the panel discussion. Other panelists included Peter Hustinx, Brussels, Belgium, Steven M Emmert, Washington, DC, and Karin Reitzer, Brussels, Belgium.

ABA Annual Meeting 2009 … Register now!

ABA Annual Meeting - Section of Intellectual Property Law

A dynamic gathering in one of the world's greatest cities!

ABA Annual Meeting & IPL Section Programs
July 30- August 4, 2009
InterContinental Chicago
Chicago, IL

 

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