ABA-IPL eNews October 2023

Mark your calendars

IPLSPRING – 2024 ABA-IPL Section Annual Meeting

April 17-19, 2024
Marriott Bethesda North Hotel
Rockville, MD

Mark your calendars, and save the date for IPLSPRING, April 17-19, 2024. Watch the Section website for complete information as it becomes available.

At IPLSPRING, you can learn the latest developments in intellectual property law. The conference will provide two full days of CLE programming, networking events, business meetings, and more! 

CLE program topics will feature:

• IP Ethics Update at the USPTO
• Ethical Use of AI Tools in Trademark Practices
  
• What Every IP Lawyer Needs to Know About Artificial Intelligence in the Practice of Law
• Mock Presentation of Damages in an Intellectual Property Case
  
• Considerations for Patent Litigation in High-Tech Products
  
• A Comparative Approach to Protect Intangible-Electronic Items Through Designs
• Copyright Roundup
• Deep Fakes, Copyright and the Right of Publicity
  
• Understanding the Intellectual Property Landscape in Latin America
  
• Cultural and Social Responsibility in Trademark and Branding
  
• First Amendment Implications of Trademark Registrations
• Safeguarding Brands Beyond Borders
  
• Practical Drafting Tips Following Amgen v. Sanofi: Is 112(f) the Answer?
  
• Tips for Navigating AIA Trials
  
• Trade Secret Hot Topics
  
• Cell Based and Alternative Proteins- The Future of Food...Patents!
  
• Copyright Office Speaks
  
• Patenting Inventions When AI Is Involved. 

The conference will also feature a Trademark Trial and Appeal Board judges’ panel.

In addition to the outstanding and comprehensive array of educational programs, the conference will feature luncheons with informative guest speakers and a variety of social networking events. The Honorable Leonard P. Stark, Circuit Judge of the United States Court of Appeals for the Federal Circuit, will deliver remarks at our keynote luncheon on Friday, April 19.

Mark your calendars, and save the date for IPLSPRING, April 17-19, 2024. Watch the Section website for complete information as it becomes available.

Sponsors are invited to participate in the conference. Maximize the advantages of sponsorship by signing up now to be included on IPLSPRING marketing and publicity outreach. For more information, contact Christopher Meacham, at [email protected].

Copyright Committees to Hold a Joint Call: 

“AI Copyright Litigation Update and Discussion of What Could be Coming, Including from the Copyright Office”

The Copyright Litigation Committee and Legislation Committee will be hosting a joint committee kick-off call on Thursday, October 19th, at 2pm ET / 11am PT. Committees leaders Jan Jensen, Regan Smith, Laura Castner and Stephen Popernik will present an update on AI copyright litigation and discuss what could be coming next. This year, the Copyright Office and courts weighed in on the prerequisites for copyright registration of works involving artificial intelligence. And, authors and artists filed class actions, as thousands of their copyrighted works, including those of renowned authors and artists, were found in the data used to train generative AI models without the copyright holder’s prior knowledge or consent and without licensing or attribution. The speakers will explore these developments and what could be coming, including the following:

• Copyright registration and protection of works generated using AI;
• Recent class actions brought by copyright holders challenging the use of their works (including visual art and literary works) by Stability AI, Inc., OpenAI, Meta, and others; and
• What could be coming, including where the Copyright Office is with respect to further guidance 

To participate join the zoom meeting:

(dial ins: Meeting ID: 934 0405 0535; Passcode: 219397 )
(dial-in #: 888 475 4499 US Toll-free; 877 853 5257 US Toll-free)

If you are interested in further information or participation, join the Copyright Litigation Committee and the Copyright Legislation Committee.

Trademark Legislation Committee to hold Kick-Off Meeting October 17

All Section members are invited to participate in the Trademark Legislation Committee Kick-Off Meeting on October 17 at 2:00 p.m. (ET). ABA-IPL Legislative Consultant Chris Katopis will be providing updates on relevant proposed legislation making its way through Congress including the Shop Safe Act, which has gained some recent traction.

The committee also plans to discuss updates to other pending legislation at the federal and state levels as well as leadership opportunities in the committee.

To participate in the meeting via Zoom:

(dial ins: Meeting ID: 983 5047 6715; Passcode: 064863
(dial-in #: 888 475 4499 US Toll-free; 877 853 5257 US Toll-free)

Members of the committee will be receiving calendar invitations directly from the ABA.

If you are interested in further committee information or to join the committee, visit the Trademark Legislation Committee web page.

ABA to host fourth annual Giving Day on October 26

On Thursday, October 26 the ABA, through the ABA Fund for Justice and Education (FJE), will hold its fourth annual ABA Giving Day. Held in conjunction with the National Celebration of Pro Bono – a time that recognizes the collective power of free legal services – ABA Giving Day promotes multiple ways to help ensure a just society. This 24-hour online fundraising effort engages the entire community of ABA members, donors, and volunteers working to prevent housing insecurity, improve outcomes for children in the child welfare system, secure benefits for military families, provide representation and due process to migrants, and more.

ABA Giving Day is the day for passionate people to put their convictions into action. Last October, dedicated donors raised over $250,000!  The impact was enormous. We want to build on your investment and raise more than $300,000 during ABA Giving Day 2023. Your donation – no matter the size – is guaranteed to make an impact all year long! 

The ABA Giving Day platform makes generosity easy. You can support your favorite causes in one place. No matter the size of the gift, your role as a giver increases the capacity of the ABA to do its work.

On or before October 26, visit www.givingday.americanbar.org to make your online gift in support of one or more of the featured projects. We highly recommend supporting the ABA-IPL co-sponsored Judicial Intern Opportunity Program, but you are welcome to give to any of the causes listed. If you would like to make a gift to more than one project, you will need to make a separate gift to each project you wish to support.

Donate to the Judicial Intern Opportunity Program (JIOP)

Your donation to the Judicial Internship Opportunity Program (JIOP) helps ensure that funding is available for students who are members of racial and ethnic groups, and others that are traditionally underrepresented in the profession, including students with disabilities, students who are economically disadvantaged, students who identify as LGBT, women, and veterans.

Last year in 2022, more than 770 students applied to the program. JIOP placed 186 students with 139 judges. Students placed represented 79 different law schools. The JIOP IP program continues to grow with 28 judges requesting students with background or interest in intellectual property law. 130 of the 770 applicants showed interest with 58 of those students attaching additional background and statements supporting their experience. We placed a total of 32 IP students.

All ABA-IPL Section members are encouraged to show their support and donate to the Judicial Internship Opportunity Program.

Chair-Elect invites self-nominations for leadership positions

Section Chair-Elect Susan McGahan is seeking recommendations for appointments to committee and division leadership positions, and liaison positions for 2024-25. Section members are invited to nominate themselves or a colleague within the Section to join the Section’s leadership ranks. The work of the Section—and, thus, much of the value of Section membership—comes from volunteering to serve as a member or a leader of one of the Section’s committees or boards, or as a liaison to another entity within the ABA or other external organization.

The Section brings together in a single entity the largest and most influential collection of intellectual property lawyers in the world. Participation in a leadership position will enable you to contribute to the evolution of IP law, to develop lasting relationships with others in the field that can lead to professional engagements, and to gain practice knowledge and insights that are unavailable elsewhere.

To volunteer or make a recommendation for a leadership position, complete the online recommendation form.

ABA-IPL Section to co-sponsor 2023 Women in Litigation Conference

The ABA-IPL Section joins the ABA Litigation Section to co-sponsor the 2023 Women in Litigation Joint CLE Conference, November 1–3, at the Mission Bay Resort in San Diego, CA. The conference will highlight women leading for success in the courtroom, in the judiciary, and in the profession. This year's conference will feature nine plenary programs and several networking events. Attendees can participate in a variety of interactive sessions, hear from powerhouse women litigators, network at receptions, and participate in a variety of recreational activities. They will gain insights and tools unique to women in the profession that will help foster their career and enhance their practice. The conference provides the opportunity to connect with leading litigators, judges, and in-house counsel from around the country.

Both practitioners just starting their careers and more seasoned professionals will leave this conference feeling motivated to broaden their impact and support the important efforts to encourage more diversity in the legal profession.

ABA-IPL Section members are eligible for the discounted Section member registration rate of $395. Visit the Women in Litigation Joint CLE Conference web page for more information and to register.

ABA-IPL Section co-sponsors IP & Ski Conference in January

The ABA Section of Intellectual Property Law is happy to co-sponsor the IP & Ski Conference, January 7-10, 2024 at the Viewline Resort in Snowmass, Colorado. Participants will have access to top experts in patent, trademark and copyright law, and have ample time to ski and enjoy the stunning mountain surroundings.

Top-notch speakers will engage in lively discussion about the hottest topics, including:

• Artificial Intelligence and IP
• Developments in Copyright Law
• Developments in Right of Publicity Law
• Developments at the US Trademark Office
• Developments in Trademark Prosecution
• Developments in Trademark Litigation
• An Ethical Early Evening at the Movies: Education, Entertainment, and Prizes
• Developments in Internet Law
• Surveys in Trademark and Advertising Litigation
• Developments in Advertising Law
• Featured Presentation: Update from the USPTO
• Strategic Considerations: Protecting Inventive Assets
• Competitive and Unexpected Infringement Challenges: Safeguarding Your Latest Product
• Patent Prosecution: Hot Topics and Best Practices
• 2023 Case Law Review and a Forward Look at AI and Patents
• The Interplay Between IPRs and Other PTAB Trial Proceedings and Litigation: Strategy and Lessons
• In-House Perspectives on Pressing Legal Issues
• A Dialogue Between Bench and Bar

In addition, two hours of programming for ethics credit will be offered.

Participants will have ample time to ski, snowboard, shop, relax, or explore the winter wonderland of Snowmass and Aspen, and enjoy the stunning mountain surroundings. Every day will begin with breakfast. Hearty après ski snacks will be provided in the afternoon.

Participants can earn MCLE credit, make connections, and broaden their knowledge. Visit the IP CLE Conference website to learn more and to register.

USPTO Trademark Practice & Policy Committee on new practice updates

Julia Lang, vice chair of the USPTO Trademark Practice & Policy Committee, led a discussion and overview at the most recent committee meeting on the recently issued examination guide for domicile addresses. The Committee also drafted letters to the USPTO with comments on proposed changes to fees and duration of attorney recognition.  The Committee plans to continue its discussions on other examination guides and changes to USPTO systems and practices.

For more information on the USPTO Trademark Practice & Policy Committee, please contact committee chair Matthew Hintz, [email protected]

Stay Connected…

ABA-IPL Action Groups

Access leadership opportunities and amplify your voice by joining and becoming involved in one of the ABA-IPL Section Action Groups. Engage with your peers in one or more Action Groups for immediate networking and leadership opportunities.

Section Action Groups include:

• Women in IP Law Action Group
• Diversity Action Group
• Young Lawyers Action Group
• Law Student Action Group
• International Action Group

Connect with ABA-IPL Ambassadors

Discover how Section leaders received more from ABA-IPL membership on our Ambassador page. The featured testimonies provide insights on how ABA-IPL members strengthened their intellectual property (IP) network and made an impact through ABA-IPL Action Groups and Committees. Each action group and committee has a corresponding community on IPL Connect, where Section members can network and engage in lively discussions. Whether you’re interested in receiving updates on the latest in IP law or getting involved in key IP policy decisions—committee and action group involvement offers opportunities to learn, connect, and/or present.

Learn more about how to maximize your ABA-IPL membership.

Donate to the Foundation for Advancement of Diversity in IP Law

ABA-IPL Section members are encouraged to donate to the Foundation for Advancement of Diversity in IP Law (“the Foundation”, or “FADIPL”) to help support its mission.

The Foundation’s mission is to offer career preparation, career-readiness, and career-advancement support to individuals who identify as members of racial and ethnic groups underrepresented in intellectual property law profession in the United States.

The Foundation’s Programs work toward:

• Recruiting individuals who identify as members of  racial and ethnic groups underrepresented in the IP law profession to consider exploring careers in patent law and other areas of IP law.
• Providing career-preparation and career-readiness support, as well as financial support, to individuals identified as members of racial and ethnic groups underrepresented in the IP law profession who demonstrate an interest in a career in IP law.
• Accelerating the development of a more diverse IP professional community through networking, counseling, and mentoring efforts aimed at fostering career advancement of individuals identifying as members of racial and ethnic groups underrepresented in the IP law profession in the United States.

Individuals interested in donating can visit the FADIPL support page.

Topic Suggestions?

We welcome your feedback on topics you would like to see covered in E-News.  Please email Mike Winkler at [email protected] with your suggestions.  

ABA-IPL webinars are free to Section members

All IPL Section webinars are free to Section members from September 1, 2023 -- August 31, 2024.

ABA-IPL provides compelling CLE-accredited webinars that cover a broad range of IP issues. Mark your calendars for these upcoming webinars. Watch the events page on the Section website for information on all upcoming programs and events, and to register.

Mark your calendars now for the 2023-24 Landslide magazine webinar series and watch for details. Landslide programs are scheduled for:

• Tuesday, October 24
• Tuesday, January 23
• Tuesday, April 23
• Tuesday, July 23

October 24, 2023

Landslide Webinar: Trademarks in China: Keeping Up with Fast Changing Local Practices

China continues to be a burgeoning market of importance to U.S. businesses operating in China and trademark owners intersecting Chinese commerce. This webinar will explore recent changes to Chinese trademark rules and practice, providing attendees with insights on how rights holders can better protect and enforce their trademark rights in China. The webinar will cover a cross-section of Chinese trademark issues, including evolving standards on use and bad faith filings, absolute grounds of refusal, letters of consent and co-existence agreements, and requirements regarding the specification of goods and services.

Note: Read the article in Landslide magazine

• Flora Fang, Rouse
• Hatty Cui, Rouse
• Landy Jiang, Lusheng Law Firm

October 25, 2023

Trends in Trade Secret Litigation Report 2023

Hear from ABA-IPL Section Sponsor Stout IP experts and authors of the 2023 report Lindsey Fisher and Neil Eisgruber as they detail this year's findings and what it may mean for the future of trade secret litigation.

• Lindsey Fisher, Stout IP
• Neil Eisgruber, Stout IP 

ABA-IPL Divisions and Committees for 2023-2024

All Section members are encouraged to review the committees and select and join those on which they wish to serve, and which are of interest to them. If you are already a member of one of the existing committees, you are carried over as a member in the new association year.

Patents Division

• Patent Legislation Committee [join]
• International Patent Laws Committee [join]
• USPTO Ex Parte Patent and Policy Practice [join]
• USPTO Post Grant Patent Practice and Policy Committee [join]
• Chemical and Life Science Patent Committee [join]
• Patent Litigation Committee [join]
• Patent System Planning Committee [join]
• High Tech and Software Patent Committee [join]

Trademarks Division

• Trademark Legislation Committee [join]
• International Trademark Laws Committee [join]
• USPTO Trademark Practice and Policy Committee [join]
• Trademark Litigation Committee [join]
• Trademarks and the Internet Committee [join]
• Advertising and Marketing Law Committee [join]

Copyrights Division

• Copyright Legislation Committee [join]
• International Copyright Laws Committee [join]
• Copyright Office Affairs Committee [join]
• Visual Arts and Dramatic Works Committee [join]
• Copyright and Social Media Committee [join]
• Copyright and Emerging Technology Committee [join]
• Music and Performing Arts Committee [join]
• Copyright Litigation Committee [join]
• Literary Works Committee [join]

Specialized IP Law Division

• Alternative Dispute Resolution Committee [join]
• Antitrust Interface Committee [join]
• Trade Secrets and Interferences with Contracts Committee [join]
• Design Rights Committee [join]
• Privacy and Publicity Rights Committee [join]
• Digital Games and New Media Committee [join]
• Information Technology Committee [join]
• Fashion Committee [join]

Professional Issues Division

• Law Practice Management Committee [join]
• Pro Bono Committee [join]
• Ethics and Professional Responsibility Committee [join]
• Attorney Wellness Committee [join]

Business and Trade Division

• IP Transactions and Licensing Committee [join]
• International Trade Commission Committee [join]
• China IP Issues Committee [join]
• Government IP Rights Committee [join]
• Monetization and Valuation of IP Committee [join]
• In-House IP Committee [join]
• Anti-Counterfeiting and Piracy Committee [join]

Become a Voting Committee Member for 2023-2024

Take advantage of an opportunity to participate in developing Section policy and sign up as a voting member of your committee. 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 who choose not to enroll as a voting member can still participate in all other committee activities and receive any committee updates and information.

Details of 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.
• Voting members who do not vote two times in a row will be removed from the voting member roster.

Please remember to notify the ABA if your email address changes by logging in to your “myABA” page on the ABA website or calling the ABA Member Service Center at (800) 285-2221.

Coming Soon

Antitrust Issues in Intellectual Property Law, Second Edition

Now Available from ABA-IPL

The Tech Contracts Handbook

What Is A Patent 4th Edition

From ABA-IPL Publishing

Fourth editions of this popular series for you and your clients.

What is a Copyright, Fourth Edition

What Is a Trademark, Fourth Edition

A Comprehensive Patent Practice Form Book

The Practitioner's Guide to the PCT (Second Edition)

Patent Claim Drafting Practice: Tactics, Strategy, and Analysis

The Practitioners Guide to Trials Before the Patent Trial and Appeal Board, Third Edition

Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, Third Edition

What is a Copyright: Fourth Edition

Trademark and Deceptive Advertising Surveys: Law, Science, and Design, Second Edition

Fandom and the Law: A Guide to Fan Fiction, Art, Film & Cosplay

ABA membership available for groups

Firm, Company, or Government Group Membership

When your firm or organization chooses to join the American Bar Association, we provide resources for making membership in the ABA easier.

Over 2,000 firms and organizations have already joined the program to enjoy many benefits:

• Reduce administrative paperwork through a single annual invoice for all members of your organization; say goodbye to individual employee reimbursements!
• Enjoy dedicated account service from a team of ABA specialists to serve your unique needs

For further information and to enroll your firm or company in the full-firm membership program, check out the special enrollment form.

Promote Yourself as a Proud Member of the ABA

Put your ABA Membership to work by displaying the new ABA Member Logo to signify your commitment to excellence in the practice of law.

As an ABA Member in good standing, you are encouraged to use this distinguished mark in professional activities to set yourself apart from non-member practitioners in the marketplace.

The ABA Member Logo may appear on:

• Business cards
• Brochures
• PowerPoint presentations
• Letterhead
• Envelopes
• External and internal communications
• Webpages
• Social media
• Print advertising
• Email signatures

Start Using the New ABA Member Logo Today!

www.ambar.org/memberlogo

Be sure to stay connected!

Does the ABA have your email address?

You may be missing out on important e-mailings from both the ABA and the ABA Section of Intellectual Property Law. Please be sure your email address is on file and up-to-date!

By phone: ABA Member Services at 1.800.285.2221 between 7:30 a.m. and 5:30 p.m., CST

By USPS: ABA Membership Services, 321 North Clark Street, Chicago, IL 60654-7598

By e-mail: [email protected]. or go to ABA "contact us” link.

Online: (1) Go to the ABA homepage ( www.americanbar.org), (2) Login, (3) Locate MyABA link (top left of the page), (4) EDIT within the profile module, and (5) update email address .

Section Officers:

CHAIR
Steven P. Caltrider
Eli Lilly and Company
Indianapolis, IN

CHAIR-ELECT 
Susan E. McGahan
AT&T
Bedminster, NJ

VICE-CHAIR
Robert Lytle
Microsoft
Redmond, WA

SECRETARY
Joshua Simmons
Kirkland & Ellis
New York, NY

FINANCIAL OFFICER
Paul Morico
Baker Botts LLP
Houston, TX

FINANCIAL OFFICER-ELECT
Richard Stockton
Banner & Witcoff, Ltd.
Chicago, IL

REVENUE OFFICER
Tammy Pennington-Rhodes
Wenderoth, Lind & Ponack, LLP
Washington, DC

MEMBERSHIP OFFICER
Sharon A. Israel
Shook, Hardy & Bacon LLP
Houston, TX

DIVERSITY OFFICER
Nicole D. Galli
ND Galli Law LLC
Philadelphia, PA

PUBLICATIONS OFFICER
Adrienne R. Fields
The Law Offices of Adrienne R. Fields
New York, NY

CLE OFFICER
Janet Hendrickson
Stinson LLP
St. Louis, MO

SECTION DELEGATES TO
THE HOUSE OF DELEGATES

William L. LaFuze (2024)
McKool Smith
Houston, TX

Lisa A. Dunner (2025)
Dunner Law PLLC
Washington, DC

Adriana Suringa Luedke (2026)
Lockheed Martin Corporation
Bethesda, MD

IMMEDIATE PAST CHAIR
Thad Chaloemtiarana
Pattishall
Chicago, IL

Contact Us:

ABA Section of Intellectual Property Law
312.988.6254
[email protected]
www.americanbar.org/iplaw