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ABA-IPL eNews March 2025

ABA-IPL eNews March 2025
Rudy Sulgan via Getty Images

Register today!

IPLSPRING – 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 CLE programming, networking events, business meetings, attorney wellness activity, and more!

CLE program topics will include:

  • Ethical Issues in Intellectual Property Law
  • IP and Pop Culture
  • Trademark Update from the USPTO
  • Patent Damages
  • 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
  • Antitrust and Intellectual Property Developments in the New Administration
  • 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 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.

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 support 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 out-register today for IPLSPRING, April 30-May 2, 2025. Visit the Section website for complete information.

Announcing the Mark T. Banner Award Recipient

The ABA Section of Intellectual Property Law is proud to announce the 2025 Mark T. Banner Award Honoree:

Horacio Gutierrez

Horacio Gutierrez, Senior Executive Vice President, Chief Legal and Compliance Officer, The Walt Disney Company

Horacio Gutierrez, Senior Executive Vice President, Chief Legal and Compliance Officer, The Walt Disney Company

Join us during the Section Luncheon with 2025 Mark T. Banner Award Presentation

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.

Young Lawyers Action Group to Prepare Comprehensive 2025 Trademark Report

The Young Lawyers Action Group is actively compiling a comprehensive trademark report for developments throughout the 2025 year. The report covers a number of topics, including: (i) federal court opinions, (ii) TTAB opinions, (iii) trademark-focused news articles, (iv) trademark-focused law journal articles, (v) statutory developments, and (vi) USPTO guidance. Each topic synthesizes the material to make it as accessible as possible, providing all important information, a summary of the development, and tagging each development with keywords for ease of reference. YLAG plans to continue development of the report as the year progresses, with the goal of publishing a final report in early 2026.

For more information about the Young Lawyers Action Group, visit the group’s webpage.

ABA House of Delegates adopts Section policy on digital replicas as ABA policy

At its recent Midyear Meeting in Phoenix, the American Bar Association’s House of Delegates adopted a policy put forward by the ABA-IPL Section on digital replicas. The resolution as adopted read:

RESOLVED, That the American Bar Association urges enactment of federal legislation protecting an individual’s right to authorize or prevent any use of their voice, visual likeness, and/or image in a realistic computer-generated electronic representation; and that such legislation should:

a) include strong safeguards to ensure the legislation’s compatibility with the First Amendment; and

b) address the right of publicity and the right of privacy under state, territorial or tribal law; technological innovation and creations; and potential third-party liability.

This now becomes policy of the American Bar Association, and can be used to promote legislation by the ABA body as a whole, over the signature of the ABA President.

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.

Steven Caltrider receives the 2025 Judge Pauline Newman Award

Steven Caltrider (center right) receives the 2025 Judge Pauline Newman Award

Steven Caltrider (center right) receives the 2025 Judge Pauline Newman Award

Steven Caltrider, immediate past chair of the ABA-IPL Section, was presented the Judge Pauline Newman Award during a ceremony at the IPWatchdog LIVE 2025 event on March 3.

The Pauline Newman Award, created with the blessing of Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit, is presented each year to recognize the unique achievements of one patent attorney over the course of their career. The award recognizes excellence, influence, integrity, vision, and wisdom – all characteristics commonly associated with the award namesake, Judge Newman. Past recipients of the award include Henry Hadad and Phil Johnson.

Steve has been a leader in the intellectual property community for nearly 40 years and is widely recognized by his peers as one of the preeminent in-house IP leaders in the world. After more than 35 years with Eli Lilly and Company and rising to the position of Vice President and General Patent Counsel, Steve was not done. In 2022, Steve moved to the Dana Farber Cancer Institute, where he currently serves as Vice President and Chief Intellectual Property Officer.

In addition to a stellar and influential career as an in-house leader within the IP and life sciences communities, Steve is a long-time leader and immediate past chair of the ABA Section of Intellectual Property Law and is former chair of the United States Public Patent Advisory Committee (PPAC). In each of these roles, he has consistently demonstrated his dedication to enhancing intellectual property laws, in support of tomorrow’s medical breakthroughs, and critical for bolstering American prosperity.

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:

From the Law Student Action Group

Become an ABA-IPL Law Student Reporter

Apply Now!

About the Program

The ABA-IPL Law Student Action Group is seeking motivated law students with a passion for intellectual property law to participate as Law Student Reporters (LSRs) at the ABA-IPL Section Annual Meeting (IPLSpring) from April 30th - May 2nd, 2025 in Arlington, VA. Selected students will be granted complimentary registration to the conference.

Program Responsibilities

As part of this prestigious opportunity, Law Student Reporters will actively engage in conference activities by creating a dynamic social media presence through live-tweeting, posting on platforms like Twitter (X)and LinkedIn with real-time events updates during our ABA-IPL Section Annual Meeting (IPLSpring). Additionally, participants will contribute by writing pre-conference and post-conference posts, capturing key insights from educational sessions and events.

Application Deadline: March 28th 2025

For more details or inquiries, please contact us at [email protected]

Getting to (Know) You, Your School, and the ABA-IPL!

Are you interested in intellectual property law? The ABA-IPL Law Student Engagement Subcommittee wants to connect with you!

By filling out this quick survey, you’ll help us tailor ABA-IPL resources, events, and hybrid law school visits to better serve your interests. Plus, you’ll gain access to a diverse network of IP professionals, career insights, and exclusive opportunities within the ABA-IPL Section.

Let’s build a strong, engaged community of future IP lawyers—starting with you! Fill out survey HERE.

Connect with ABA-IPL Ambassadors

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

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

Donate to the Foundation for Advancement of Diversity in IP Law

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

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

The Foundation’s Programs work toward:

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

Individuals interested in donating can visit the FADIPL support page.

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.

Estoppel and Issue Preclusion Considerations for Parallel PTAB and Litigation Proceedings

April 01, 2025 Tuesday 1:00 PM EDT

This presentation will provide an overview of important estoppel statutes, regulations, and decisions. We will also discuss strategic considerations for both patentees and patent challengers for parallel PTAB and litigation proceedings, including how to minimize potential negative impacts of estoppel or use estoppel for strategic advantage.

Panelist(s): Jonathan R. Bowser (Jon), Ryan N. Miller, Blaine Hackman, and Peter Sullivan

Moderator(s): Shruti Costales

Join a Section Committee

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 next 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.  

New book from ABA-IPL Publishing

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