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    ABA-IPL eNews April 2025

    Apr 16, 2025

    19 min read

    Client Representation Copyright Duration Copyright Rights Copyrights Diversity, Equity & Inclusion Legal Profession Patent Licensing Patents Tech Contracts Technology Trademarks & Unfair Competition USPTO-Patent USPTO-Trademark
    ABA-IPL eNews April 2025
    Eric Chang via Getty Images

    Coming up soon—Register today!

    Don’t Miss IPLSPRING – The 2025 ABA-IPL Section Annual Meeting

    April 30 - May 2, 2025

    Crystal Gateway Marriott Hotel, Arlington, VA

    Register today for IPLSPRING, April 30-May 2, 2025. Check out the Section website for complete program information and registration.

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

    Engaging CLE program topics will include:

    • Ethical Duties Relating to AI and Cybersecurity 
    • IP and Pop Culture
    • Trademark Update from the USPTO
    • Disparities in Expert Damages Opinions 
    • Copyright Roundup
    • Updates in Practice from Current and Former Administrative Patent Judges
    • Building a Strong Patent Portfolio
    • Copyright Office Speaks
    • Bad Faith in Trademark Law 
    • An Exploration of the Boundaries of Trade Secrets
    • Developing an Effective AI Governance Program
    • AI’s Impact on Design Patents
    • Defining AI in Washington and Beyond
    • Navigating IP Rights in the Age of Deepfakes
    • AI Licensing Agreements
    • Creator Economy: An In-House Perspective 

    A plenary session, “A Dialogue Between the Bench and Bar,” will take place on Thursday, May 1. The program will feature Judge William C. Bryson, U.S. Court of Appeals for the Federal Circuit; Judge Dori Johnson Hines, U.S. International Trade Commission; and Judge Kara F. Stoll, U.S. Court of Appeals for the Federal Circuit. 

    The Keynote Luncheon, scheduled for Wednesday, April 30, will feature IP leaders Daniel Choi of Microsoft, Brian Gaffney of AT&T, and Regan Smith of News / Media Alliance in a conversation moderated by Section Chair Susan McGahan entitled “Traversing IP from the Inside Featuring High-Tech IP Leaders.” This will be an outstanding opportunity to hear firsthand what is on the minds of leading IP counsel.

    In addition to the outstanding and comprehensive array of educational programs, the conference will feature luncheons with informative guest speakers. The Mark T. Banner Award will be presented to Horacio Gutierrez at the luncheon on Thursday, May 1.

    Sponsors invited to participate

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

    ABA-IPL encourages in-house and corporate counsel participation at Section meetings. Recognizing that some organizations may not cover the cost of participation in educational events, the Section offers a limited number of registration fee waivers for in-house practitioners. To request a waiver, email [email protected].

    The Section also supports attorneys affected by recent federal service changes with a special $95 registration rate for impacted attorneys. Attending the meeting is an invaluable opportunity to stay current on key intellectual property developments and connect with fellow practitioners. The Section’s goal in offering the discount is to support continued engagement in the field, Request the discount code by emailing [email protected].

    Don’t miss— register today for IPLSPRING, April 30-May 2, 2025. Visit the Section website for complete information.

    Calling all authors – opportunities to publish in Landslide® magazine

    Calling all authors, interested in submitting an article for possible publication in the ABA-IPL Landslide® magazine. If you would like to write an article for the magazine, please follow these steps and review the formal guidelines on the Section website.

    1. Follow The Bluebook and The Chicago Manual of Style.
    2. Place citations in footnotes or endnotes, not in the main text. Minimize the number of notes and use only one citation.
    3. List only those who actually wrote the article as authors, in order of contribution. Acknowledge minor contributions at the end of the bio.
    4. Provide a byline and a 2- to 3-line bio with an email address for each author.
    5. Articles should be 2,000–5,000 words, including endnotes.
    6. The magazine may edit submissions for clarity, style, and length. Major revisions will be cleared with the author.
    7. Use Times New Roman, 12-point, single-spaced formatting.
    8. Notify the Managing Editor if the article is submitted or accepted elsewhere. Previously published material requires permission from the Editor-in-Chief.
    9. Disclose any relationships or interests related to the article's content.

    ABA Day Online:

    Intellectual Property and the TAKE IT DOWN Act Breakout Session on YouTube

    As part of ABA Day 2025, the ABA Section of Intellectual Property Law presented a breakout session on the TAKE IT DOWN Act — legislation aimed at protecting individuals from the non-consensual spread of deepfake and explicit digital content. This timely conversation explores how the legal system is evolving to meet the threats posed by unauthorized digital replicas, particularly those impacting children and vulnerable individuals. The TAKE IT DOWN Act would give victims of this abuse a federal mechanism to request takedown of illicit content and provide a pathway for justice and redress.

    The session featured Section Chair Susan McGahan and Copyright and Social Media Committee Chair Andrew Coffman, who has deep experience in copyright litigation and entertainment law. They were joined by Chris Katopis, the ABA-IPL Legislative Consultant, and Eric Storey, ABA Grassroots and Digital Advocacy Strategist.

    Susan and Andrew were recently named the March 2025 ABA Advocates of the Month for their leadership in drafting the ABA’s policy on digital replicas. Their work empowers the ABA to advocate effectively on legislation like the TAKE IT DOWN Act.

    Also, check out the Main ABA Day online broadcast on YouTube where you can hear from members of Congress, ABA leaders, and policy experts.

    ABA Day Online: Intellectual Property and the TAKE IT DOWN Act Breakout Session

    ABA Day Online: Intellectual Property and the TAKE IT DOWN Act Breakout Session

    Recent Section Advocacy

    Remedies to stop digital piracy

    On March 5, the Section sent a letter to the chair and ranking member of the Senate Judiciary Committee, Subcommittee on Intellectual Property, and the chair and ranking member of the House Judiciary Committee Subcommittee on Courts, Intellectual Property, and the Internet on remedies to stop digital piracy. In the letter, the Section urged Congress to draft legislation that would make No-Fault Injunction relief action available to U.S. creators and copyright owners who may be adversely affected by overseas piracy operations.

    WIPO treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

    On March 18, the Section sent a letter to USPTO on the WIPO treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. After review of the many issues implicated, The Section concluded that the Treaty poses serious threats to undermine America’s patent system and its innovation leadership, both domestically and internationally. The Section recommended that the USPTO oppose joining the treaty in its current form.

    ABA-IPL/American University present Patent Law Symposium

    The Section’s Landslide® Magazine board presented an in-person Patent Law Symposium in conjunction with American University on March 27 at the law offices of WilmerHale in Washington, D.C. The event was widely attended, and included government lawyers, foreign officials, industry leaders, trade association representatives, academics, and private practitioners.

    The symposium explored key topics featured in the upcoming issue of ABA’s Landslide Magazine on intellectual property policy, shedding light on the challenges and opportunities facing the new Congress and administration. Panels discussed IP policy’s impact on pharmaceutical pricing, third-party litigation financing, and exclusionary remedies.

    The event highlights included WilmerHale partner Heather Petruzzi discussing her Landslide article “Patents and Drug Pricing: Why Weakening Patent Protection Is Not in the Public’s Best Interest;” a conversation on the recent turnover of the Patent Public Advisory Committee between two former members, American University Professor Charles Duan and Bristol-Myers Squibb Deputy General Counsel Henry Haddad; and a fireside chat with former chair of the House Judiciary Committee, Bob Goodlatte, discussing the development of the America Invents Act and his Landslide article “The Case for the Patent Trial and Appeal Board That Congress Envisioned.”

    The March/April 2025 issue of Landslide Magazine is available online on the Section website.

    ABA-IPL webinars are free to Section Members

    Don’t forget to register 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 all ABA-IPL Section webinars for free.

    Enforcing IP Rights at the ITC under Section 337

    May 14, 2025 Wednesday 2:00 PM EDT

    Join a panel of experienced Section 337 attorneys as they discuss some recent developments which further enhance the ITC's status as a premier forum for enforcing IP rights at the border under Section 337. Our panelists will discuss hot topics relating to Section 337 litigation, including the growth of Section 337 practice, why companies are looking to the ITC to enforce trade secrets, recent developments regarding domestic industry, and possible legislation to amend Section 337.

    Panelists: Gary M. Hnath, Kecia Reynolds, Tom M. Schaumberg, and Jeffrey M. Telep

    Moderator: Elizabeth Chien-Hale

    Nominating Committee Announces Nominees for 2025-2026 ABA year

    Kim Jessum, Chair of the Section’s Nominating Committee, reports that the committee has selected the nominees for elective leadership positions for the 2025-2026 Association year.

    Officers:

    Chair-Elect: Joshua Simmons, New York, NY. Mr. Simmons is the current Vice Chair. He served as Section Secretary for three years. He has also served as the Chair of the Policy Advisory and Development Committee for two years. He served as chair of the House of Delegates Resolutions Committee and as a member for three years. He chaired the Copyright Law Reform Task Force for five years. He served as a member of Council for four years. He was both Chair and Vice Chair of the Copyrights Division. He was Chair and Vice Chair of the Copyright and Social Media Committee, and he served as a member of the AI Task Force.

    Vice Chair: Paul Morico, Houston, TX. Mr. Morico is the current Section Secretary. He served as the Financial Officer for two years, and served as the Financial Officer-Elect for a year prior to becoming Financial Officer. Prior to becoming the Financial Officer-Elect, he served as Chair of the Patents Division for two years, as Vice-Chair for two years prior to that, and as Special Advisor to the Patents Division for two years before that. He has been a member of the Continuing Legal Education Board since 2010. He served as Chair and Vice Chair of the Patent Litigation Committee, the Investments Committee, and the Revenue Committee, and was also member of the Section 101 Task Force.

    Secretary: Adrienne Fields, New York, NY. Ms. Fields is the current Publications Officer for the Section. She previously served as Vice Chair of the Content Advisory Board for two years. She has been a member of the Content Advisory Board for 11 years. She has served as a member of the Magazine Editorial Board for 15 years, and was Editor-in-Chief, Vice Chair and Intake Editor of that Board. She also served as a member of the former Annual Review Editorial Board for two years. She served as Chair of the Standing International IP Task Force for one year.

    Financial Officer-Elect: Matthew Blackburn, San Francisco, CA. Mr. Blackburn has served on the Section Council for four years. He is a former Vice Chair of the Patents Division. He 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 also served on the Section Nominating Committee.

    Revenue Officer: Tammy Pennington Rhodes, Houston, TX. Ms. Rhodes is the current Revenue Officer. She served as a member of the Section Revenue Committee for 6 years. She has also served as a member of the CLE Board for nine years. She served as Chair of the International Patent Laws Committee, and served as Chair of the USPTO Ex Parte Patent Practice and Policy Committee for two years. She served as Vice Chair of the Patent Litigation Committee for two years and Chair of the High Tech and Software Patent Committee.

    Membership Officer: Rivka Monheit, Atlanta, GA. Ms. Monheit is the current Membership Officer. She served as the Vice Chair of the Membership Board, and served as a member of the Membership Board for three years prior to that. She served a four-year term as a member of the Section Council. She was Chair of the International Patent Treaties and Laws Committee for two years, Chair of the Patent Legislation Committee for two years, and Vice Chair of that committee for two years. She served as a member of the Patent Section 101 Task Force for five years. She has served as a member of the In-House Counsel Task Force and the Standing International IP Task Force.

    Publications Officer: David Postolski, Summit, NJ. Mr. Postolski is a current member of the Council. He served as Continuing Legal Education Officer for three years and on the CLE Board for 12 years. He was a member of the ABA Standing Committee on Continuing Legal Education. He previously served a term on the Section Council. 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).

    CLE Officer: Christopher Ponder, Menlo Park, CA. Mr. Ponder is the current CLE Officer. He served as the Vice Chair of the CLE Board for two years. He served as a member of the CLE Board for 6 years prior to that. He has been a member of the Revenue Committee for 6 years. He served as a member of the Membership Board for five years. He also served as a member of the AIA Task Force for one year.

    Diversity Officer: Nicole Galli, Philadelphia, PA. Ms. Galli is the current Diversity Office. She was elected last year as the first Diversity Officer of the Section. She served as Liaison to the ABA Commission on Women in the Profession for two years. She served as a member of the Section’s Diversity, Equity and Inclusion Task Force and as a member of the In-House Counsel Task Force. She was the CLE Officer for the Section for two years and served on the CLE Board for five additional years. She has served as the Liaison to the LES Supply Chain Committee. She was chair of the former CLE Teleconference Committee for one year. She has also served on the Section Membership Board.

    Section Delegate to the ABA House of Delegates (for a three-year term, expiring in 2028):

    Richard Biagi, Bannockburn, IL. Mr. Biagi is currently the Trademarks Division Special Advisor. He has also served as Vice Chair of the Membership Board for two years. He served a four-year term on the Council. Prior to his term on Council he was the Division Chair for the Trademarks and Unfair Competition Division. He was Vice Chair of that division for two years. He served as a member of the Magazine Editorial Board for five years and as a member of the Continuing Legal Education Board for three years. He served as Chair of the Trademark Litigation Committee for three years and also served as Vice Chair of that committee.

    At-Large Council Members (for a 4-year term, expiring in 2029):

    Dina Kallay, Washington, DC. Ms. Kallay has served as the Division Chair for the Specialized IP Issues Division for three years, and as Vice Chair of the Division for one year prior to that. She was a member of the Policy Development Advisory Committee for two years. She served as a member of the Patent Section 101 Task Force for 4 years. She served as the Chair and Vice Chair of the Antitrust Interface with IP Committee, a member of the Nominating Committee, and a member of the Revenue Committee. She also serves as an ABA Advisor to the ULC Study Commission on Antitrust.

    Nicholas Kim, Redmond, WA. Mr. Kim has served as Vice Chair of the Patent Litigation Committee for 5 years. He is a current Trustee on the Board of the Foundation for Advancement of IP Law (FADIPL). He served as Chair of the Diversity Action Group for 3 years and as a member of the Membership Board for two years. He was a Young Lawyer Fellow of the Section for 3 years.

    Felicity Kohn, New York, NY. Mr. Kohn has served as the Chair of the Copyrights Division for two years. She was Vice Chair of the Copyrights Division for three years prior to that. She has served as a member of the Copyright Law Reform Task Force for two years. She was Vice Chair of the Visual Arts and Dramatic Works Committee, and Chair and Vice Chair of the Copyright Litigation Committee. She also served on the CLE Board.

    Joseph Falcon, Malvern, PA. Mr. Falcon is currently Vice Chair of the USPTO Ex Parte Patent Practice and Policy Committee. He served as Chair and Vice Chair of the Patent Legislation Committee, and Chair of the Patent Litigation Committee. He was Vice Chair of the International Patent Laws Committee. He served for 4 years on the Patent Section 101 Task Force. He served as a member of the Membership Board, the Amicus Briefs Committee and the Section AIA Task Force. He has been the Section Liaison to the ABA Section of Litigation for two years.

    Young Lawyer Council Member (for a one-year term, expiring in 2026):

    Davide Schiavetti, Washington, DC. Mr. Schiavetti is current Co-Chair of the Fashion Law Committee. He has served as Chair and Vice Chair of the Fashion Law Committee. He was also a Vice Chair of the Trademark Transactions Committee where he was chair of the then-subcommittee on Fashion Law.

    Section Chair: According to Section bylaws, Rob Lytle, Redmond, WA. Mr. Lytle is the current Chair-Elect of the Section and was Vice Chair of the Section prior to that. Prior to becoming Vice Chair, he served as Revenue Officer for one year, as Financial Officer for two years, and as Financial Officer-Elect for one year. He served as a vice-chair of the Patents Division. He has served on the Books Editorial Board for 9 years, the Revenue Committee for 5 years, and the Investments Committee for 5 years. He was co-chair of the Trade Secrets and Interferences with Contracts Committee for two years. He served on the Policy Development Advisory Committee for two years, and has served on the In-House Counsel Task Force and the AIA Task Force.

    Financial Officer: According to Section bylaws, Richard Stockton, Chicago, IL, the current Financial Officer in his first year, will serve a second year of a two-year term. He was Financial Officer-Elect prior to becoming the Financial Officer. Mr. Stockton served as Vice Chair of the Patents Division for two years. He was Chair of the Standing International IP Task Force for two years, and served as Vice Chair for two years. He was Vice Chair of the Patent System Policy Planning Committee for two years, Chair of the Patent Litigation Committee for two years, and Vice chair of the Patent Litigation Committee for four years.

    The Section’s Nominating Committee, appointed by Section Chair Susan McGahan, is composed of:

    • Kim Jessum, Philadelphia, PA, Chair
    • Thad Chaloemtiarana, Chicago, IL, Vice Chair
    • Malissa Magiera, Indianapolis, IN
    • Michael McCabe, Potomac, MD
    • Pippa Loengard, New York, NY

    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 ABA Annual Meeting. The Business Session with Elections will be held in Toronto on Friday, August 8, 2025.

    New publications from the ABA-IPL Section!

    Patent Litigation Strategies Handbook, Fifth Edition

    Patent Litigation Strategies Handbook, Fifth Edition

    Patent Litigation Strategies Handbook, Fifth Edition

    This comprehensive handbook gives practitioners insights on patent litigation from prelitigation considerations through post-grant patent practice.

    Marketing Your Invention, Product, or Journey, Fourth Edition

    How to Market Your Invention, Product, or Journey, Fourth Edition

    How to Market Your Invention, Product, or Journey, Fourth Edition

    How an inventor or entrepreneur markets their product, service or invention in today's world is dependent on their audience. How to Market Your Invention, Product, or Journey, Fourth Edition is the definitive resource in today's dynamically changing marketing world.

    IP Protection in China (2nd Edition)

    IP Protection in China, Second Edition

    IP Protection in China, Second Edition

    Edited by Donna P Suchy

    Written by twenty legal practitioners who are extraordinarily familiar with China’s intellectual property laws, this book discusses and summarizes the protection of patents, trade secrets, copyrights and trade secrets in China, including how to work with the appropriate government bodies. The need for such a book is great: China ranks among the top countries for patent filings in the world, which undoubtedly will impact the global economy for decades to come.

    Check out the entire catalog of books from ABA-IPL Publishing

    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.

    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.

    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:

    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.

    Join an ABA-IPL Committee for 2024-2025

    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

    Trademarks Division

    Copyrights Division

    Specialized IP Law Division

    Professional Issues Division

    Business and Trade Division

    Become a Voting Committee Member for 2024-2025

    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 or calling the ABA Member Service Center at (800) 285-2221.

    Topic Suggestions?

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

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    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!

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    View Section of Intellectual Property Law Leadership