April 7-16, 2021
Eight days of governance meetings, CLE education and networking through a dynamic new online platform. An expanded schedule paced to your day, tailored to your practice and interests, providing an exciting virtual experience. 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.
IPLSPRING Virtual will be held April 7-16, 2021 with governance, committee and operating board meetings April 7-9, and CLE programming and networking April 12-16.
The conference will provide 30 CLE programming sessions over five days. The programs address issues across the spectrum of IP law.
In addition to the outstanding and comprehensive selection of educational programs, the conference will feature a variety of online networking events.
Mark your calendars, and save the date for IPLSPRING Virtual, April 7-16, 2021. Watch the Section website for complete information as it becomes available.
Sponsorship opportunities available
A wide array of valuable sponsorship opportunities are available for IPLSPRING Virtual . 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.
Applications are now open for the 2021-22 Young Lawyer Fellows Program
The ABA-IPL Section will select two fellows for two-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 years in the program.
Member of the ABA and ABA-IPL Section (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_dhXVsQq6QzOBA33)
Resumes and completed applications are due by January 14, 2021. For more information, visit the Young Lawyer Fellows Program web page.
Get involved with the Judicial Intern Opportunity Program (JIOP)
The Judicial Intern Opportunity Program (JIOP) began accepting applications for its 2021 Judicial Intern Opportunity Program on November 4th. Interns are required to work full-time (32 hours/week) for a minimum of six weeks and will receive an award of $2,000. Program applications must be submitted by the January 10, 2021 deadline. Students may indicate geographic preferences on their applications but may not request specific judges or courts.
The mission of JIOP is to provide judicial internships to first- and second-year law students who are members of racial and ethnic groups traditionally underrepresented in the profession. The program also provides opportunities to students with disabilities, women, students who are economically disadvantaged, and students who identify as LGBT.
For 2020, 730 students applied to the program. We placed 135 students with 107 judges. Students placed represented 63 different law schools. The JIOP IP program continues to grow with 10 judges requesting students with background or interest in intellectual property law. 90 of the 730 applicants showed interest with 63 of those students attaching additional background and statements supporting their experience. We placed a total of 18 IP students.
Internships are available in several locations in California, Illinois and Texas. In addition, we offer internships in the following metropolitan areas: Phoenix, AZ; Washington, D.C.; Miami, FL; New York, NY; Philadelphia, PA; and Seattle, WA.
Internships for students with an Intellectual Property Law focus will be offered in Chicago, Los Angeles, Miami, New York, Texas and Washington, DC. Students can indicate their interest on their application. These specialized spots are limited and any student applying to the program with a request for specialization will also be considered for general litigation internships.
Questions about the program can be directed to the Program Director, Gail Howard, at email@example.com or 312-988-6348.
Ex-Parte Patent Practice and Policy Committee working on Comments to USPTO CLE Requirements
The Ex Parte Practice Committee is working on accumulating comments to the recent Federal Register notice regarding USPTO CLE Requirements for registered patent practitioners. Please contact Tammy Rhodes or Paul LaVanway via ABA Connect if you would like to work on this project. The Ex Parte Practice Committee meetings the fourth Thursday of every month at Noon Central.
For more information and to join, visit the USPTO Ex-Parte Patent Practice and Policy Committee webpage.
Upcoming Antitrust Interface Committee Program on the Humira decision and Reverse Payments
This June, the District Court for the Northern District of Illinois granted a motion to dismiss claims under Sections 1 and 2 of the Sherman Act in In re Humira Antitrust Litigation (19-CV-1873, N.D. Il June 8, 2020). The case is currently on appeal to the Seventh Circuit, and the Federal Trade Commission and numerous State Attorney Generals have joined a number of amici in weighing in on the matter. The appeal will consider, among other issues, whether in dismissing the case the Court erred in its application of FTC v. Activis in finding no reverse payment where settlements granted generics access to European markets.
The Antitrust Interface Committee will host a panel discussion addressing the issues raised on appeal and the development of reverse payment law. Details of the event will be shared shortly.
For more information on the committee or to join, visit the Antitrust Interface Committee web page.
International Trademark Laws Committee
The International Trademark Laws Committee is in the process of developing a new subcommittee for Trademark Law in Space. This subcommittee will be dedicated to emerging trademark issues tied to outer space activities. It will encompass existing international understandings of trademark protection, existing multi-lateral and bilateral treaties, existing UN treaties dedicated to the legal status of physical property in outer space and other extraterritorial areas (e.g., UN Convention on Law of the Sea), and creative solutions for applying these paradigms to off-world activities. In addition, this subcommittee will encourage debate about appropriate means for enforcing extraterritorial rights as private activities continue to challenge our traditional understandings of nation-state borders. The objective for the subcommittee is to compose a trademark-focused framework for protecting and enforcing legal rights in response to increasing activities in the Earth’s orbit and other initiatives that may follow on the Moon or on Mars, and potentially write articles on the subject to build awareness in the legal community. It will be important for trademark owners and practitioners to ensure that any legal regimes proposed in response to outer space activities account for the unique aspects of existing trademark laws and prevent brand owner interests from being absorbed into general intellectual property or patent-focused protection schemes.
If you are interested in further information or participation, join the International Trademark Laws Committee.
ABA-IPL Section Nominating Committee Announces Nominees for 2021-2022 ABA year
Scott Partridge, Chair of the Section’s Nominating Committee, reports that the following candidates have been nominated for the 2021-2022 Association year:
Chair-Elect: Thad Chaloemtiarana, Chicago, IL. Mr. Chaloemtiarana currently serves as Section Vice-Chair. Before serving as Vice-Chair, he served 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.
Vice Chair: Steven P. Caltrider, Indianapolis, IN. Mr. Caltrider is a member of the Section Council. He served a previous term of four years on the Section Council from 2013-2017. He is also a current member of the Amicus Briefs Committee. Mr. Caltrider has served on the Content Advisory Board since 2014. He has served as the Chair and Vice Chair of the Patents Division. He was chair of four different committees in the Patents Division prior to that. He has also served as a Liaison to the ABA Section Health Law and as a member of the ABA Health Law Coordinating Group.
Secretary: Joshua Simmons, New York, NY. Mr. Simmons is a current member of the Section Council. Prior to this appointment he served as Chair and as Vice Chair of the Copyrights and Related Rights Division. He served several years prior as Chair and Vice Chair of the Copyrights and Social Media Committee. He also served on the Nominating Committee of the Section.
Financial Officer-Elect: Paul Morico, Houston, TX. Mr. Morico is currently the Chair of the Patents Division. He has been a member of the Continuing Legal Education Board since 2010. He has served as Chair and Vice Chair of the Patent Litigation Committee.
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: Darrell Mottley, Washington, DC. Mr. Mottley is currently the Chair of the Content Advisory Board. He served as a member of the Section Council from 2012-2018. He has been a member of the Magazine Editorial Board since 2009, and served as the Editor of Landslide® magazine for two years. He was a Vice Chair of the Specialized IP Issues Division and Chair of Industrial Design Committee for three years. He served on the Section Nominating Committee and on the Sponsorship Committee.
Continuing Legal Education Officer: Janet Hendrickson, St. Louis, MO. Ms. Hendrickson has been a vice chair of the CLE Board for four years, and a member of that board for six years. She served on the Section Council for four years. She has been a Chair of the Young Lawyer Fellows Advisory Committee and served on the Membership Committee and the Revenue Committee. She was Chair and Vice Chair of the Patent Legislation Committee, and Vice Chair of the Committee on Women in the Profession.
Membership Officer: Sharon Israel, Houston, TX. Ms. Israel is the current Vice Chair of the Membership Board. She served on the Section Council for four years prior to that. She has served as Chair of the Professional and Section Relations Division, Chair of the Patent Legislation Committee, IP Licensing Committee, Unfair Competition – Trade Identity Committee, and the Special Committee on the Judicial Intern Opportunity Committee. She has also served on the Nominating Committee. She is a past President of the American Intellectual Property Law Association.
Section Delegate to the ABA House of Delegates: (for a three-year term expiring in 2024)
William L. LaFuze, Houston, TX. Mr. LaFuze is currently a Section Delegate to the ABA House of Delegates, with a term expiring in 2021. He has served as a Delegate since 2014. He is a Past Chair of the Section, and has served as its Chair-Elect and Vice Chair. He served four years as a member of the Section Council. Mr. LaFuze has chaired the Patents Division, Information Technology Division and the Litigation, ADR, and Related Issues Division, as well as numerous committees within the Section over the past 30 years including the Amicus Briefs Committee. He is a current Trustee of the Foundation for Advancement of Diversity in IP Law (formerly AIPLEF).
Council Members: (for a four-year term, ending in 2025)
Matthew Blackburn, San Francisco, CA. Mr. Blackburn is a current Vice Chair of the Patents Division. He has served as a Chair of the Patents in the High Tech and Software Industries Committee. Prior to that he served as Chair and as Vice Chair of the Patent Litigation Committee. He has served on the Section Nominating Committee.
David Postolski, Summit, NJ. Mr. Postolski has been the Continuing Legal Education Officer for three years and has served on the CLE Board for eleven years. He currently serves as a member of the ABA Standing Committee on Continuing Legal Education. He has served on the Section Council previously. He has also served on the Section Revenue Committee, the Membership Board, and the Nominating Committee. He was a Chair and Vice Chair of the Professional Issues Division. He was Chair of the Young Lawyers Action Group and Special Advisor to the International Associated Action Group. He was a Liaison from the ABA Young Lawyers Division and served as Liaison to the National LGBT Bar Association, the WIPO Standing Committee on Patents, and the Union Internationale des Avocats (UIA).
Malaika Tyson, Chicago, IL. Ms. Tyson is Chair of the International Patent Laws Committee. She was previously Chair of the Patent Legislation Committee for three years, and Vice Chair of that committee for two years prior to that. She has served on the Section Nominating Committee.
Nancy Wolff, New York, NY. Ms. Wolff is Chair of the Visual Arts and Dramatic Works Committee, a member of the Copyright Law Reform Task Force, and Liaison to the Copyright Society of the USA. She has served as a Vice Chair of the Copyrights Division. She has served as a member of the CLE Board, and has served as Chair of the Copyright Legislation Committee, Copyright Office Affairs Committee, and the Visual Arts and Dramatic Works Committee.
Council Member: (for a one-year term, expiring in 2022, to fill the vacancy of Steve Caltrider)
Adriana Suringa Luedke, Minneapolis, MN. Ms. Luedke served as Secretary for three years. Prior to this, she served on the Section Council for four years. She previously served as Section Secretary for three additional 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.
Young Lawyer Council Member: (for a one-year term expiring in 2022)
Heather Schubert, Alexandria, VA. Ms. Schubert has served as Vice Chair of the Law Student Action Group. She has also served as a member of the Membership Board, the CLE Board and the Magazine Editorial Board. She has been a member of the Law Student Action Group, the Young Lawyers Action Group and the Diversity Action Group.
Section Chair: According to Section bylaws, Kim Jessum, Philadelphia, PA, current Chair-Elect, automatically assumes the office of Chair for the 2021-2022 Association year. Ms. Jessum served previously as Section Vice Chair. 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.
The Section’s Nominating Committee, appointed by Section Chair June Besek, is composed of:
Scott F. Partridge
Mark K. Dickson
San Mateo, 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, August 6, 2021.
ABA-IPL Action Groups
Section members continue action group initiatives with ongoing Zoom meetings and conference calls. Participate in one or more action groups for immediate networking and leadership opportunities. Engage with your peers remotely and get involved in the ABA-IPL Action Groups.
Women in IP Action Group (WIP) Supporting Members Though New Initiatives
Since the pandemic set in, the majority of events held by the ABA have shifted to online virtual gatherings. Some student members had their summer internships canceled. Some recent graduates had their employment offers rescinded. Practicing members have pivoted their practices to virtual, work-from-home environments. Considering all the demands members are dealing with, WIP began initiatives to help its members:
- WIP helped over 15 students obtain IP-related internships during the summer. WIP established a student Social Media team and is working on establishing a student Outreach Team, both providing networking opportunities for student.
- WIP held one-on-one sessions with recent graduates to strategize job search efforts while inviting them to join the WIP for networking and leadership opportunities.
- WIP held events focusing on well-being. WIP held a networking event and a Mindful IP Resolutions presentation in November presented by a WIP member.
- WIP has shared relevant and timely IP-related articles related to celebrations such as Hispanic Heritage Month and Native American Heritage Month.
- WIP’s GRIT Committee leadership is preparing a CLE session for early 2021 to continue sharing the GRIT paradigm strategies.
For December, WIP is hosting an Ugly Sweater/Holiday Sweater Happy Hour on December 10, inviting members to bring their kids, pets, partner, or join for a fun time to connect with other WIP members. (Sign up is required.) Starting in January 2020, WIP’s programming will focus on professional development sessions presented by members and guest speakers. WIP welcomes ideas for these sessions as the WIP leadership is in the development stages. The WIP team looks forward to seeing ABA-IPL members at the upcoming events and looks forward to supporting you on your journey.
Visit the Women in IP Law webpage to learn more and to join the committee.
Diversity Action Group Co-Hosts Event with International Action Group
The Diversity Action Group (DAG) and International Action Group (IAG) co-hosted the event, "A Conversation with Nthabi Phaswana" on October 20. Nthabi is a partner at Adams & Adams located in South Africa, who shared her experience as a patent attorney, diverse attorney in IP, and woman attorney. She also provided insight into the IP system of Africa. A recording of the program can be found on the DAG IPL Connect Community. For more great programming and to learn about DAG, join our monthly calls every second Thursday at 4:00 p.m. (ET). All Section members are encouraged to join and participate. Follow us on Twitter! Connect with us on LinkedIn!
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, add to calendar for the Zoom dial-in information.
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.
We welcome your feedback on topics you would like to see covered in E-News. Please email Mike Winkler at Mike.Winkler@americanbar.org with your suggestions.
ABA-IPL webinars are free to Section members
All ABA-IPL Section webinars are free to Section members from September 1, 2020 through August 31, 2021. 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, 2020 – August 31, 2021).
Landslide Webinar: Why the “Essence” of an Invention is as Important as the Claims
December 17, 2020 | 1 pm EST
Judicial decisions regularly look beyond the claims of a patent and explore the "essence" of the underlying invention, even though this is not a standalone legal concept. Understanding the role of a patent's "essence" is therefore indispensable for effective patent practice, whether as a litigator, prosecutor or advisor.
- Jerry Allen Riedinger, Perkins Coie LLP, Seattle, WA
- Kenneth R. Hartmann II, Harrity LLP, Fairfax, AL
ABA-IPL Divisions and Committees for 2020-2021
All ABA-IPL 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.
- 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]
- Law Practice Management Committee [join]
- Pro Bono Committee [join]
- Ethics and Professional Responsibility Committee [join]
- Attorney Wellness Committee [join]
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 membership available for groups
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For further information and to enroll your firm or company in the full-firm membership program, check out the special enrollment form.
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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.
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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: firstname.lastname@example.org. 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 .
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
William L. LaFuze (2021)
Lisa A. Dunner (2022)
Dunner Law PLLC
Joseph M. Potenza (2023)
Banner & Witcoff, Ltd.
IMMEDIATE PAST CHAIR
George W. Jordan III
Norton Rose Fulbright LLP
ABA Section of Intellectual Property Law