Summary
- Newsletter regarding the latest events articles and reports within the IPL section.
- Awards and member recognition
- Publicized events
Register today for IPLSPRING, April 30-May 2, 2025. Watch the Section website for complete information as it becomes available.
At IPLSPRING, you can learn the latest developments in intellectual property law. The conference will provide two full days of CLE programming, networking events, business meetings, attorney wellness activity, and more!
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 and Brian Gaffney of AT&T 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.
Mark your calendars, and register today for IPLSPRING, April 30-May 2, 2025. Visit the Section website for complete information.
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].
The ABA Section of Intellectual Property Law is proud to announce the 2025 Mark T. Banner Award Honoree:
Horacio E. Gutierrez, Senior Executive Vice President, Chief Legal, and Chief Compliance Officer of The Walt Disney Company, will be the recipient of the 2025 ABA IPL Mark T. Banner Award. This prestigious accolade will be presented during our 2025 ABA IPL Annual Meeting in Washington, D.C., from April 30 to May 2, 2025 and will recognize Mr. Gutierrez for all his contributions to the legal field, including being named one of the "Top 50 Most Powerful Latino Leaders" and a leading in-house lawyer by various legal publications.
IPLSPRING
Thursday, May 1, 2025
Crystal Gateway Marriott Hotel
Arlington, VA
The Mark T. Banner Award, established in honor of the late Mark T. Banner, former ABA-IPL Section Chair, is presented to an individual or individuals who have made an impact on IP law and/or practice. Winners of this award have expressed a clear passion and enthusiasm for, and advanced the practice, profession and/or substance of IP law through extraordinary contributions to, among, other things, teaching, scholarship, innovation, legislation, advocacy, bar or other association activities, or the judiciary. Learn more about the Mark T. Banner Award.
The ABA-IPL Section will once again host its “Solutions for IP Legal Professionals” webinar series in February, 2025. This eight-session series is designed to instruct legal professionals on the broad range of issues that they will encounter as they work within the intellectual property arena. The series will benefit newer legal professionals and will also serve as a valuable refresher for those with more experience.
The series is offered as a member benefit to associate members of the American Bar Association who are also members of the Section of Intellectual Property Law. Legal assistants may join the American Bar Association at the rate of $75 and may join the Section of Intellectual Property Law for an additional $105. As members, access to this series of programs will be provided without charge. Those who are not members may register at a cost of $250. Register one time for access to the entire series of programs.
Each of the 90-minute sessions was designed by IP paralegals for IP paralegals and will address the essential topics that IP professionals need to understand. View the listing of sessions, faculty roster, and more at ambar.org/ipsolutions25 and register today!
The Chemical and Life Sciences Patent Committee is planning to examine patent issues related to patent strategies in the pharma and biotech space, particularly life-cycle management strategies. We hope to discuss several topics such as the impact of AI in the inventive process and the evolution of the law in various areas, including obviousness-type double patenting. The committee is seeking interested members to join and participate in the activities of the committee.
For further information, please visit the Chemical and Life Sciences Patent Committee webpage and contact committee Chair Bill Boudreaux and Vice Chairs Brian Bathurst and Dominick Gattuso.
On November 13, the Section received blanket authority approval from the ABA to circulate a White Paper on Patent System Reliability. An initial copy was sent to the U.S. Patent and Trademark Office on November 13.
A Section task force was commissioned to study and address the most vexing issues confronting the patent system, and to recommend a more transparent and more predictable patent system that has at its core a valid patent right that is durable and reliable. The task force advanced the dialog, sought to build consensus, and ultimately developed concrete solutions to improve the patent system.
The dialog and consensus building of the task force included a series of webinars, entitled “The Chair’s Townhall: Planning a Better Patent System,” to engage thought leaders, including academic professors, former senior United States Patent and Trademark Office (USPTO) staff members, and experienced patent prosecutors and litigators. Following the webinar discussions, the deliberative processes of the ABA-IPL Section involving the committees and Council engaged to further refine these solutions and develop a white paper.
The white paper includes the following policy recommendations:
For more details on these recommendations, see the Section’s White Paper on Patent System Reliability on the Section website.
On November 16, the Section sent a letter to the USPTO on examination of design patent applications related to computer-generated electronic images, including computer-generated icons and graphical user interfaces. The letter notes that the USPTO’s Supplemental Guidance maintains the status quo for design patent protection for icons and graphical user interfaces and is too limiting. The relevant article of manufacture for this subject matter is the programmed computer and applicants should not be required to identify their claimed design in the context of a display screen, panel or monitor. Moreover, the terms icon and graphical user interface (GUI) are not the only terms by which an applicant can reasonably denote that their design is integral to the operation of a programmed computer displaying the design. The Section noted in the letter that the USPTO can easily and should update its guidance to enable better guidance and protection for digital designs without needing any new case law or legislation.
On December 4, the Section sent letters to the chair and ranking member of the Senate Judiciary Committee, Subcommittee on Intellectual Property on the proposed NO FAKES Act (S. 4875) and the chair and ranking member of the House Judiciary Committee Subcommittee on Courts, Intellectual Property, and the Internet on the proposed NO FAKES Act (H.R. 9551).
In the letter, the Section applauded Congress for the efforts to address the issues surrounding GenAI digital replicas. The “NO FAKES Act” is an important step towards development of a national, uniform framework to protect an individual’s voice and visual likeness while balancing the public interest and many other related issues at stake. The Section hopes that enactment of legislation will serve as a valuable tool to support the use of GenAI, while addressing the risks and perils of GenAI.
The letter noted that the Section understands that the current proposed bill, like any legislation, is likely to evolve upon further Congressional consideration. However, we commend the establishment of a federal right against the use of unauthorized digital replicas and that is consistent with principles that the Section has promulgated in the past, including: (1) preserving fundamental First Amendment and free expression principles; (2) providing balanced safeguards for platform liability; and (3) considering state law preemption.
If further opportunities arise in connection with this legislative effort or subsequent stakeholder discussions, particularly in the forthcoming end-of-year legislative session, the Section stated that it would be pleased to participate and assist Congress in its pursuit of this and similar efforts.
On January 6, the Section sent a letter to the Presidential Transition Team regarding intellectual property issue priorities. In the letter, the Section opened by commending the President-Elect’s past efforts in combating international piracy and counterfeiting. The letter then set forth policy priorities that the Section encouraged the new administration to pursue.
The letter concluded noting that as the U.S. faces ongoing economic challenges, the intellectual property system is more crucial than ever and that the Section’s priorities emphasize the need to maintain or strengthen federal IP protections to meet future challenges both domestically and internationally.
LegallyBlack, a transformative non-profit organization based in Washington, DC, is celebrating its 5th anniversary. Founded in 2020, its mission has been to empower and enlighten communities of color on the importance of intellectual property (IP) law protection. With a strong focus on education, LegallyBlack offers free, tailored workshops for middle school through college students, as well as creative groups, ensuring that individuals from underserved communities have access to critical IP knowledge.
In its first five years, LegallyBlack has become a trailblazer in the field, impacting over 500 students and partnering with more than 15 schools and organizations. Through its workshops, LegallyBlack has been able to increase IP literacy in underserved communities, helping individuals safeguard their creativity, foster innovation, and promote economic growth.
How You Can Help:
As part of the 5th Anniversary celebration, LegallyBlack is inviting supporters to contribute through charitable donations. Your support will help expand educational initiatives, strengthen partnerships, and empower even more creators with the knowledge and resources to protect their IP.
To make a donation and support LegallyBlack’s mission, please visit legallyblackip.com and follow @legallyblackip on Instagram for updates.
Help LegallyBlack continue its vital work and inspire the next generation of creators to protect their intellectual property with confidence. Together, we can build a more equitable and innovative future.
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.
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:
Discover how Section leaders received more from ABA-IPL membership. The featured testimonies provide insights into 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.
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:
Individuals interested in donating can visit the FADIPL support page.
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.
The program will provide a complete overview of the state of non-compete clauses, including the status of the Federal Trade Commission's attempted ban on non-competes, as well as other ways to protect trade secrets.
This presentation will explore the similarities and differences between patent value and patent damages. In particular, we will explore how the three different traditional valuation approaches - Cost, Market, and Income - are implemented differently in a valuation versus damages context. We will also refer to patent damages case law to show how the Federal Circuit and U.S. District Courts have addressed the use of patent value as part of the determination of patent damages.
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.
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:
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