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Mark Your Calendars for IPLSPRING
April 1-3, 2020
At the 2020 ABA-IPL Section Annual Meeting, IPLSPRING, you can learn the latest developments in intellectual property law through dynamic CLE programming and innovative networking events. Gain insight and ideas from IP experts and practitioners, coming together from around the world to share and discuss the most critical issues in IP law. This year’s meeting promises to be the biggest and best yet.
The conference will provide two full days of CLE programming. The programs address issues across a comprehensive spectrum of IP law.
Programs will include the popular IP Talks™ by renowned and influential speakers that follow the style and format of the popular, “Ted-style” talks. These will include:
-- Predicting Eligibility and Patentability Outcomes
-- Trademarks and the First Amendment
-- Copyright Law
-- Broadening Participation in U.S. Innovation: How Can We Leverage the IP System?
-- Autonomous Vehicles and Other Disruptive Tech: Future Predictions and the Issues Involved
-- Copyright Litigation
-- From a Woman’s Perspective: IP Law and Diversity
-- More IP Talks™ To Be Announced
CLE programs sessions will cover the full spectrum of IP and related law issues in patent, trademarks, copyrights, trade secrets, anti-counterfeiting, international IP law, social media, trade dress, design, diversity, ethics, and entertainment licensing.
-- Standards Essential Patents and the Internet of Things
-- Impact of Recent U.S. Trademark Office Changes
-- How to Work a Room®
-- Ask the USPTO: The Future of Artificial Intelligence
-- Trademark Trial and Appeal Board in Action
-- The Copyright Office Speaks
-- Avoiding Pitfalls When Preparing International Aspirations
-- Anti-Counterfeiting in China
-- International Copyright Update
-- How to Properly Determine Damages in Difficult Cases and Survive a Daubert Challenge
-- Getting to Yes
-- The Future of the Book
-- Experience the Intrigue of Recent Trade Secret Law Cases
-- Honey Badger Don’t Care… But the Courts Might
-- Use of Photographs on the Social Media: Is Fair Use a Defense?
-- Hot Topics Before the PTAB: Impact on Litigation Strategies
-- Ingredients to Success
-- Congress and the Arts
-- IP Transactions, Commercially Speaking
-- Countering the Counterfeiters
-- The Dark Side of AI, Machine Bias and the Ethical and Legal Liability
-- The USPT’s Focus on Declarations
-- Designs that Speak for Themselves
-- Entertainment Data Licensing 101
Special 125th Anniversary CLE program sessions will include:
-- Patent Case Round-Up: Then and Now
-- Congress and the Court: Past and Pending
-- Hot Copyright Law Topics: 125 Years in the Making
In addition to the outstanding and comprehensive selection of educational programs, the conference will feature keynote luncheons with guest speakers Melissa Anelli, Founder/CEO of Mischief Management, LLC, and Frank Cooper III, Senior Managing Director and Global Chief Marketing Officer of BlackRock, Inc.
A variety of networking events will be held, including a Welcome Reception, Women in IP Law Breakfast, Conference Connections, and an International Action Group Nightcap Reception.
A special event celebrating the 125th anniversary of the Section will be held on the evening on April 2.
Mark your calendars, and save the date for IPLSPRING, April 1-3, 2020. Visit the Section website for complete information and to register.
Special thanks to our 125th Anniversary Diamond Sponsor
Sponsorship opportunities available
A wide array of valuable sponsorship opportunities is available for the 2020 ABA-IPL Section Annual Meeting. These opportunities can be tailored to the needs of any potential sponsor. For details on how we can customize a sponsorship plan to meet your organization’s sponsorship outreach needs, contact firstname.lastname@example.org
Pro Bono Committee to host advice clinic at ABA-IPL Section Annual Meeting
The ABA-IPL Pro Bono Committee is hosting a brief advice clinic and training session on Friday, April 3, 2020, from 10:30 a.m. to 12:00 p.m. EST at the Section Annual Meeting at the Mayflower Hotel in Washington, D.C. As a way to both help the under-resourced and do a bit of networking, all Conference attendees are welcome to join their colleagues in the reward of providing online pro bono services by answering legal questions posed by people in the lawyers’ home states.
Free Legal Answers is a virtual legal advice clinic project of the ABA's Standing Committee on Pro Bono and Public Service. Qualifying pro bono clients post their civil legal questions to their respective state's Free Legal Answers websites. Attorney volunteers—who must be authorized to provide pro bono assistance in their states—log in to the website, select questions to answer, and provide legal information and advice. Participating states have their own websites where lawyers must first register in order to provide legal advice.
The Pro Bono Committee’s April 3rd session will be geared toward providing more information about the project, and those lawyers who have pre-registered may provide legal services if they so desire. To provide legal services on the day of the clinic, please visit www.ABAFreeLegalAnswers.org and click on “Volunteer Attorney Registration” to register for an account in advance of the Conference. Please also bring your own device (laptop, tablet, or phone) to the Clinic on April 3rd. Service, camaraderie, and snacks—what could be more fun! Further details will be provided in the Conference materials.
Diversity Action Group to Present AI program at ABA-IPL Section Annual Meeting
On Friday, April 3, 2020, at the ABA-IPL Annual Meeting ("IPLSpring"), DAG will present the CLE “The Dark Side of AI, Machine Bias, and Legal Liability.” This CLE will explore the benefits of this fascinating technology, while addressing the societal concerns and the responsibilities (and potential legal liabilities) of technology producers, programmers and other technology decision-makers. Mark your calendars now for this must attend event at IPLSpring! The program will begin at 3:00 PM.
Want to get involved? All Section members are encouraged to join and participate in our upcoming initiatives as able. You can join DAG and learn more about us here: Diversity Action Group.
Monthly conference calls are held the 2nd Thursday at 4:00 p.m. ET/ 3:00 p.m. CT/ 2:00 p.m. MT/ 1:00 p.m. PT and last about 30 minutes.
To participate, dial: (866) 646-6488; passcode: 3219885607#
Women in IP Law Action Group (WIP) Update
The ABA-IPL’s Women in IP Law Action Group (WIP) continues to engage its members through interesting activities and programs, and it has a great year planned for 2020. If you would like to get involved, each of WIP's three Subcommittees, Grit, Content, and Outreach, holds a monthly call the first week of each month; the call schedules can be found at https://www.americanbar.org/groups/intellectual_property_law/membership/women-in-ip-law-action-group/subcommittees/.
In case you missed the activities in 2019, a representative sample follows:
Grit Subcommittee: facilitated or presented the Grit Project at four (4) law schools and as a CLE at the ABA-IPL Annual Meeting. In addition, the Subcommittee expanded its reach to include presentations to professional organizations like the International Network of Boutique Law Firms (INBLF) and ChIPs (Chiefs of Intellectual Property). In so doing, the Grit Subcommittee also worked closely with the Commission on Women in the Profession (CWP) to develop a refreshed presentation deck and added content to incorporate new studies in the areas of generalization, sampling, and specialization that supplements Malcolm Gladwell’s “10,000 Hour” rule as it is addressed in existing Grit and Growth research. In 2020, the Grit Subcommittee will continue its outreach to law schools and professional organizations, will work collaboratively with the Content and Outreach Subcommittees to promote the Grit Project and cross-market the mission of each Subcommittee, and also hopes to begin to collaborate further with the CWP as it develops “Grit 2.0”: Building Gritty Teams.
Content Subcommittee: shared many articles and event information on WIP social media platforms, including events sponsored by the ABA-IPL section, USPTO events, and articles about workplace advancement for female attorneys. During monthly calls, this Subcommittee discussed new ways to engage with members and provide opportunities to get to know each other better; discussions included issues related to women attorneys, tips to overcome those issues illustrated with personal stories, and ideas to help drive content shared across WIP's social media platforms. In 2020, this Subcommittee will roll out a quarterly update and a call discussing Gender Diversity in Innovation, thanks to suggestions from two of our active members, Michelle Bugbee and Alejandra Loaiza-Delgado.
Outreach Subcommittee: brainstormed and discussed several outreach opportunities in various geographic areas and to different constituencies during its monthly calls. Outreach collaborated with AIPLA and several student organizations (the IP Students Association and the Women’s Law Students Association) to hold an impressive Women in IP panel at the University of Michigan Law School on January 22, 2020. This panel featured accomplished female IP attorneys in a number of different roles, including Laura Peter, the Deputy Director of the USPTO. The panelists discussed their career paths, what they enjoy most about working in this field, and other thoughts and advice on the future of the profession for Michigan’s current law students. Further plans for 2020 include collaboration with other Sections on webinars or social events, and other outreach events throughout the country.
If you are interested in becoming involved or joining the discussion, please join us during any of our scheduled Subcommittee calls.
Law Student Action Group Virtual Mentorship Program
The Law Student Action Group ("LSAG") is seeking attorney mentors for its Virtual Mentorship program. Mentors will be connected with current law students and conduct periodical meetings via phone and email throughout the year, answer questions, and provide career advice.
For questions and more information about Virtual Mentorship program, email the Chair of the LSAG committee, Caleb L. Green, at email@example.com. To join, visit the Law Student Action Group web page. All law student members of the ABA-IPL Section are encouraged to join.
Applications are now open for the 2020-21 Young Lawyer Fellows Program
Each year the ABA-IPL Section selects two fellows for three-year terms from applicants with proven achievement, participation, excellence, and commitment. The goal of the ABA-IPL Fellows Program is to develop future leadership and encourage diversity in the Section. Fellows are encouraged to attend Section meetings and are expected to work within areas such as ABA-IPL Action groups, Boards, and Committees. Fellows also promote diversity and membership, as they continue to develop leadership skills and responsibilities in the Section. Participants in the ABA-IPL Fellows Program are funded to attend select Section conferences during their three years in the program.
- Member of the ABA and ABA-IPL Section (currently or by time of appointment to Fellows Program)
- Lawyer, age 32 or younger, or less than two years after the date you were first admitted to practice.
- Previous demonstration of leadership qualities and commitment in such areas as:
- work in the ABA-IPL Section
- work in other bar associations and organizations
- diversity initiatives
- professional pro bono activities
- outstanding academic and or professional achievement
Applications are now being accepted. To Apply: (https://americanbar.qualtrics.com/jfe/form/SV_cwt1iuUVIB4au6p)
Resumes and completed applications are due by February 3, 2020. For more information, visit the Young Lawyer Fellows Program web page.
Patent Litigation Committee
The ABA-IPL Patent Litigation Committee discusses trending Patent Litigation topics every Third Tuesday at 12PM Eastern/11AM Central/9AM Pacific. The next scheduled committee meetings is February 18, 2020. Dial: 1-866-646-6488, Conference Code: 175 234 3085.
For more information contact Christian Platt at firstname.lastname@example.org (Chair), Shane Delsman at email@example.com (Vice-Chair) or Tammy Pennington Rhodes at firstname.lastname@example.org (Vice-Chair). To join, visit the Patent Litigation Committee web page.
USPTO Trademark Practice and Policy Committee
Over the past few months, the House of Representative’s Judiciary Sub-Committee on Intellectual Property has been working on draft legislation to amend the Lanham Act to include new expungement proceedings, reexamination procedures, the codification of the Letters of Protest procedure, and the presumption of irreparable harm in trademark infringement litigation, among others. The USPTO Trademark Practice and Policy Committee and the Trademark Legislation Reform Task Force have been diligently working on reviewing the draft legislation, providing comments to the Sub-Committee and forming IPL Section policy on the same.
If you would like to work with Congress, the USPTO and other officials in developing trademark law, please join the ABA USPTO Trademark Practice and Policy Committee via the ABA website or contact Chair, Eric Perrott (email@example.com).
China IP Issues Committee features mini-presentations on bimonthly calls
On December 12, 2019, the China IP Issues Committee held a bi-monthly call to provide committee news, legal updates, and a mini-presentation by committee member Stanley P. Stephenson, Ph.D. Economics, on using expert witnesses and calculating patent/trade secret damages in a U.S. litigation with a Chinese defendant. The next call on February 13, 2020 will feature mini-presentations by Vice Chair Amy Hsiao and committee member Silvia Sun on enforcement updates and bad faith amendments to the Chinese Trademark Law. Sign up for the China IP Issues Committee to participate.
Antitrust Interface Committee hosts program on new U.S. policy on remedies for standards-essential patents
On January 15, 2020, the Antitrust Interface Committee held a discussion on a recent U.S. government statement regarding remedies for infringement of standard essential patents. On December 19, 2019, the Patent and Trademark Office, Department of Justice, and National Institute of Standards and Technology jointly issued a Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. The statement expresses the executive agencies’ views on the appropriate scope of remedies that courts may award for infringement of a standard essential patent that has been assured to be licensed on Fair, Reasonable and Non-discriminatory (“F/RAND”) terms. The policy statement replaces a now-withdrawn 2013 statement that the Patent and Trademark Office and Department of Justice made on the same issue. The recent statement addresses “concerns that the 2013 policy statement has been misinterpreted to suggest that a unique set of legal rules should be applied in disputes” involving such patents, and states that that “the USPTO and DOJ withdraw the 2013 policy statement and, together with NIST, issue the present statement to clarify that, in their view, a patent owner’s F/RAND commitment is a relevant factor in determining appropriate remedies, but need not act as a bar to any particular remedy.” The new Statement clarifies that remedies and damages for infringement of such standards-essential patents are and should be the same remedies and damages that apply for other patents.
The Antitrust Interface Committee invited Nicholas Matich, Senior Legal Advisor to the Under Secretary and Director of the U.S. Patent and Trademark Office to speak at the program. Mr. Matich shared his views and relevant context for the document with the audience and received a number of thoughtful questions from those in attendance. This program builds upon a program that the Committee held at last year’s ABA-IPL Section Annual Meeting, where current and former officials of the Federal Trade Commission and Department of Justice Antitrust Division discussed recent developments and agency activities involving intellectual property.
For more information or to join visit the Antitrust Interface Committee web page.
In-house IP Committee and Anti-counterfeiting & Piracy Committee
The In-house IP Committee partnered with the ABA Young Lawyers Division to deliver a successful CLE event on December 18, 2019 as part of the Free CLE Series, entitled “Protecting Your Client's Intellectual Property: What Every Lawyer Needs to Know.” The webinar featured valuable insights from a blend of in-house and outside counsels on issues ranging from patents, trademarks, copyrights, and trade secrets to litigation and licensing essentials. ABA members can enjoy free On-Demand access to the webinar and supporting materials through the ABA website.
The In-house IP Committee is also partnering with the Anti-counterfeiting & Piracy Committee to co-organize an event for the ABA-IPL Section Annual Meeting in April entitled “Countering the Counterfeiters: Tips & Strategies to Combat Counterfeiting & Promote Brand Protection.” This event will leave audience members with practical insights from experts working in the anti-counterfeiting and brand protection arena at companies, law firms, and the government sector.
ABA-IPL Section Nominating Committee Announces Nominees for 2020-2021 ABA year
Donna P. Suchy, Chair of the Section’s Nominating Committee, reports that the following candidates have been nominated for the 2020-2021 Association year:
Chair-Elect: Kim Jessum, Philadelphia, PA. Ms. Jessum is current Vice Chair of the Section. She served as the Section Financial Officer for four years. She served as Continuing Legal Education Officer and Chair of the Continuing Legal Education Board for three years. She served as the Chair of the Annual Intellectual Property Law Conference and Chair of the Teleconference Committee for two years each. She was Chair of Section’s the former Committee on Copyrights and the Internet. She also served for three years as Chair of the former Young Lawyers Committee and was a founder of the Young Lawyer Fellows program. Outside of the Section, she is currently a member of the ABA Standing Committee on Technology and Information Systems, ABA Annual Meeting Program Planning Committee, and Litigation Section Judicial Intern Opportunity Program National Co-chair and was previously a member of the ABA Standing Committee on Specialization, ABA Standing Committee on Technology and Information Systems, and ABA Standing Committee on Continuing Legal Education and liaison to the Standing Committee on Membership.
Vice Chair: Thad Chaloemtiarana, Chicago, IL. Mr. Chaloemtiarana currently serves on the Section Council. He served Membership Officer of the Section for two years, and as Vice Chair of the Membership Board for three years. He also served as Vice Chair of the Diversity Action Group for three years. He was Chair of the Trademarks and Unfair Competition Division for two years and Vice Chair of that Division for two years. He has been a member of the CLE Board, the Membership Board and the Revenue Committee. He currently serves as Co-Chair of the Young Lawyer Fellow Advisory Committee. He has chaired several committees in the Trademarks Division. He is the current Liaison to the National Asian Pacific American Bar Association.
Secretary: Adriana Suringa Luedke, Minneapolis, MN. Ms. Luedke has served as Secretary for two years. Prior to this, she served on the Section Council for four years. She previously served as Section Secretary for three years. She has been the Chair of the Patents Division, and the Section Liaison to the ABA Commission on Women in the Profession. She has served as Chair of the former Division on Meetings and Resolutions. She has also been Chair of 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 Section activities at the ABA Midyear Meeting.
Financial Officer: Rob Lytle, Redmond, WA. Mr. Lytle is currently the Financial Officer-Elect. According to the Section bylaws, he will automatically assume the position of Financial Officer for a two-year term in 2020-2021 and in 2021-2022, so technically this is not a nominated position or one that is up for election in 2020-2021. Mr. Lytle formerly served as a vice-chair of the Patents Division. He has served on the Books Editorial Board for three years. He was co-chair of the Trade Secrets and Interferences with Contracts Committee for two years.
Revenue Officer: Susan McGahan, Bedminster, NJ. Ms. McGahan is the current Revenue Officer. She previously served as Vice Chair of the Revenue Committee of the Section and as a member of the committee for five years. She served as Section Secretary for two years. She served as Membership Officer for four years and Chair of the Membership Board. She has also served as Chair of the former Division on Meetings and Resolutions and for three years as Financial Officer of the Section. She served a total of five years on the Section Council. Ms. McGahan has also chaired the former Division on Professional and Section Relations, and the former Division on Publications. Prior to that, she served as Chair of the Young Lawyers Committee and the Membership Committee. She served a three-year term as Trustee to the American Intellectual Property Law Education Foundation Board of Trustees.
Publications Officer: Steven E. Gillen, Cincinnati, OH. Mr. Gillen has served as the Publications Officer for two years. He has served as Chair of the Books Editorial Board for four years and as Vice Chair of that board prior to that. He is a current member of the Content Advisory Board. He served as Chair of the Copyrights and New Technologies Committee for two years and served as Chair and Vice Chair of the Copyright Litigation Committee.
Continuing Legal Education Officer: David Postolski, Summit, NJ. Mr. Postolski is the current Continuing Legal Education Officer. He served as a current member of the Section Council prior to that. He serves as a Vice Chair of the CLE Board, where he has been an active member for many years. He has served as Division Chair of the Professional Issues Division for two years, and Vice Chair of that Division for two years. He served as Chair of the Young Lawyers Action Group and Special Advisor to the International Associates Action Group. He has served on the Revenue Committee, the Membership Committee and the Nominating Committee. He was the Young Lawyers Division Liaison to the Section for two years, and Liaison to the National LGBT Bar Association for two years.
Membership Officer: Kevin Greenleaf, Lovettsville, VA. Mr. Greenleaf is the current Membership Officer. He has served five years on the Amicus Brief Committee. He served as Chair of the USPTO Post Grant and Inter Partes Practice Committee and as Vice Chair of that committee. He served as Chair of the Patent System Policy Planning Committee and as Vice Chair of that committee. He served on the Magazine Editorial Board for four years. He was Vice Chair of the IP Transactions and Licensing Committee for one year.
Section Delegate to the ABA House of Delegates:
(for a three-year term expiring in 2023)
Joseph M. Potenza, Washington, DC. Mr. Potenza is currently a Section Delegate to the ABA House of Delegates, with a term expiring in 2020. He has served as a Delegate since 2015. He served as Section Chair, Chair-Elect and Vice Chair prior to that. He is a past Publications Officer and former 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 a former member of the ABA Standing Committee on the Federal Judiciary and was a long-standing member of the ABA Standing Committee on Publishing Oversight and 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 the Litigation, Alternative Dispute Resolution and Related Issues Division, 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.
Council Members: (for a four-year term, ending in 2024)
James Bikoff, Washington, DC. Mr. Bikoff is current Chair of the Trademarks and Unfair Practices Division. Prior to this position, he served as Vice Chair of the Division for two years. He is currently serving a three-year term as the Section’s representative on the Intellectual Property Constituency of ICANN. In previous years he has chaired the Trademark Litigation Committee, and the Trademark Legislation Committee. He was a member of the Anti-Piracy Task Force.
Keisha Hylton-Rodic, Washington, DC. Ms. Hylton-Rodic is current Vice Chair of the USPTO Ex Parte Patent Practice and Policy Committee. She has served as Liaison to the ABA Section of Health Law for a number of years, as well as Liaison to the ABA Health Law Coordinating Group. She Chaired the USPTO Post-Grant and Interpartes Patent Practice Committee for two years and the Patents in the Chemical and Life Sciences Committee for two years. She served a three-year term as a Trustee on the Board of the American Intellectual Property Law Education Foundation. She has served as a member of the Diversity Action Group, the CLE Board and the Membership Board.
Rivka Monheit, Atlanta, GA. Ms. Monheit is Chair of the International Patent Laws Committee. She previously Chaired the Patent Legislation Committee for two years and served as Vice Chair of that Committee for two years. She is a member of the Standing International IP Task Force, and the Section 101 Task Force.
Richard Stark, New York, NY. Mr. Stark has served as Vice Chair of the Specialized IP Law Division for two years. He was Chair of the Antitrust Interface with IP Rights Committee for two years and served as Vice Chair of that committee prior to that. He is a member of the Section Revenue committee as well.
Council Member: (for a two-year term, expiring in 2022, to fill the vacancy of Thad Chaloemtiarana)
Dale Cendali, New York, NY. Ms. Cendali served a previous four-year term on the Section Council from 2012 to 2016. Prior to that she served as Chair of the Division on Related Legal Issues. She served as a Vice Chair of the Copyrights Division for two years. She was Chair of the Copyright Litigation Committee for two years prior to that.
Young Lawyer Council Member: (for a one-year term expiring in 2021)
Pervin Taleyarkhan, St. Joseph, MI. Ms. Taleyarkhan is Vice Chair of the Business and Trade Division of the Section. She has served as Vice Chair and Chair of the In-House IP Committee. She is a member of the Magazine Editorial Board, the Content Advisory Board, and the Membership Board. She is Liaison to the Association of Corporate Counsel. She is a Young Lawyer Fellow of the Section.
Section Chair: According to Section bylaws, June M. Besek, New York, NY, current Chair-Elect, automatically assumes the office of Chair for the 2020-2021 Association year. Ms. Besek currently serves as Section Chair-Elect and served as Vice Chair previous to that. She served on the Section Council from 2005-2009 and from 2011-2015. She is the current Liaison to the ALI Restatement of Law/Copyright Project. She serves as a Liaison to the World Intellectual Property Organization Standing Committee on Copyrights and Related Rights. She is a current member of the Content Advisory Board. She served previously as Division Chair of the Copyrights Division. She was chair of the Committee on Broadcasting, Sound Recordings and Performing Artists, Chair of the Committee on Minorities in the Profession, Chair of the Government Relations to Copyrights Committee, Chair of the Copyright Office Affairs Committee, Chair of the International Copyright Treaties and Laws Committee, and Chair of the Long-Range Planning Committee. She also served as Chair of the Copyright Law Reform Task Force
The Section’s Nominating Committee, appointed by Section Chair George Jordan, is composed of:
Donna P. Suchy
Cedar Rapids, IA
Scott F. Partridge
Los Angeles, CA
Additional nominations for this new position or for any position may 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 petition must be sent to the Chair and the Secretary of the Section and must be received by these individuals not less than four months before the elections held at the Annual Meeting. The Business Session with Elections will be held on Friday, July 31, 2020 in Chicago, IL.
Letter to the USPTO on motions to amend practice before the PTAB
In December, the Section sent a letter to the USPTO on proposed rulemaking on “Rules of Practice to Allocate the Burden of Persuasion on Motions to Amend in Trial Proceedings Before the Patent Trial and Appeal Board.” The letter noted that the Section generally supports the proposed rules but that the Section believes that clarifying revisions should be made to paragraphs (d)(1) and (d)(3) of the proposed rules and explained its reasoning and recommendations.
Letter to the USPTO on IP Protection for Artificial Intelligence Innovation
In January, the Section sent a letter to the USPTO in response to the Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation. In the letter, the Section expressed its strong support for the USPTO’s extension of its ongoing inquiry into the impact of artificial intelligence (“AI”) technologies on intellectual property law and policy to encompass copyright. The letter addressed issues of AI in copyright, and also trademarks, databases and data sets, and trade secrets.
13th Annual Arbitration Institute:
A Comprehensive Training in Advanced Arbitration Skills
March 9-10, 2020
Sandra Day O’Connor College of Law
Arizona State University
Presented by nationally recognized experts, the ABA’s Dispute Resolution Section’s 13th Annual Arbitration Training Institute is a two-day training featuring sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Small group discussions allow participants to interact in depth with the faculty and each other. Substantive sessions address particular areas of arbitral practice.
Some of the new features of the Institute in 2020 are:
- Concurrent sessions on employment, technology, securities, international and construction arbitration
- Plenary speaker – Tracey Frisch, Senior Counsel, American Arbitration Association on: “How Arbitrators Get In Trouble…And What to Do About It”
- Plenary speaker -- Chief Judge G. Murray Snow, United States District Court for the District of Arizona on: “I’m Watching You: What a Federal Judge Looks at when Reviewing Arbitration Awards”
- Interactive Ethics discussion
- Concurrent sessions on contemporary topics in arbitration including:
- Will Legal Analytics Make Arbitrators Obsolete?
- Third Party Funding: What Do Arbitrators Need to Know?
- Ad Hoc and Administered Arbitrations – pros and cons
- Breakfast and Small Group Discussions (led by experienced arbitrators) on the topic of “Building an Arbitration Practice”
Register before February 1, 2020 to receive the Early Bird discount and tell your friends! http://ambar.org/arb2020.
ABA-IPL Divisions and Committees for 2019-2020
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.
There have been a number of new committees formed for the 2019-2020 association year, and several committees have been realigned in their respective divisions. The committee structure for 2019-2020 is listed below. All Section members are also encouraged to join the new committees.
- 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]
- 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]
- 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]
- Trial and Appellate Procedure Committee [join]
- Alternative Dispute Resolution Committee [join]
- Antitrust Interface Committee [join]
- Trade Secrets and Interferences with Contracts Committee [join]
- Design Rights Committee [join]
- Marketing Interface Committee [join]
- Privacy and Publicity Rights Committee [join]
- Digital Games and New Media Committee [join]
- Information Technology Committee [join]
- Fashion Committee [join] New Committee
- Law Practice Management Committee [join]
- Pro Bono Committee [join]
- Ethics and Professional Responsibility Committee [join]
- Substance Abuse and Mental Health Committee [join]
- IP Transactions and Licensing Committee [join]
- International Trade Commission Committee [join]
- China IP Issues Committee [join]
- Government IP Rights Committee [join]
- Intellectual Property Asset Management Committee [join] New Committee
- In-House IP Committee [join]
- Anti-Counterfeiting and Piracy Committee [join] New Committee
Become a Voting Committee Member
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.
ABA-IPL Webinars are free to Section members
All ABA-IPL Section Webinars are free to Section members from September 1, 2019 through August 31, 2020. Don’t forget to sign-up and check them out.
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. As a special benefit of your membership in the ABA-IPL Section, you are able to participate in al ABA-IPL Section Webinars for free during the current Association year (September 1, 2019 – August 31, 2020).
Landslide Webinar Series: A Comparative Discussion of U.S. and Chinese On-Sale and Public Use Bars to Patentability
February 25, 2020 @ 1:00pm – 2:30pm ET
In this webinar our panel of experts will provide a comparative discussion on US and Chinese Patent Law filling activities including the impact of US Supreme Court’s 2019 Helsinn healthcare S.A. v Teva Pharmaceuticals US, Inc decision on cross-jurisdictional implications. The panel will provide actionable insights that practitioners can leverage to manage U.S. business practice in China to avoid inadvertently triggering a patent bar.
Read the Landslide® magazine article “Avoid On-Sale Bar by Filing early Both in the United States and China Post-Helsinn” by JiaZhen (Ivon) Guo, Janice H. Logan, and Weixian Zhu. https://bit.ly/2vi4g7j
- Weixian Zhu, East China University of Political Science and Law, Shanghai China
- Stephen Yang, IP March, Beijing, China
- Jiazhen Guo, Morgan, Lewis & Bockius LLP, Washington D.C.
Publishing April 2020
MARK YOUR CALENDARS
2020 ABA-IPL Section Annual Meeting
April 1-3, 2020
What IP Lawyers Need to Know
Mark your calendars and plan to attend the 2020 ABA-IPL Section Annual Meeting—IPLSPRING—April 1-3, 2020. Earn a year’s worth of CLE credit, while you take advantage of informative and educational programming on the latest developments in IP law and practical tips for your practice. Watch our website for details as they become available.
A special commemoration dinner for the Section’s 125th Anniversary on Thursday, April 2 will be a featured highlight of this year’s conference.
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George W. Jordan III
Norton Rose Fulbright LLP
June M. Besek
Columbia University School of Law
New York, NY
Kim R. Jessum
Lockheed Martin Corporation
Susan E. McGahan
Stephen E. Gillen
Wood Herron & Evans LLP
Dentons US LLP
Gearhart Law, LLC
SECTION DELEGATES TO
THE HOUSE OF DELEGATES
Joseph M. Potenza (2020)
Banner & Witcoff, Ltd.
William L. LaFuze (2021)
Lisa A. Dunner (2022)
Dunner Law PLLC
IMMEDIATE PAST CHAIR
Mark K. Dickson
Phase M LLP
San Mateo, CA