Intellectual Property

Audio

Sound Advice

Using Encryption to Protect Attorney-Client Communications
The basics of when and how to use encryption to ensure the reasonable confidentiality of attorney-client communications. (12:44 min.)

Roundtables

Picture This: Litigating Copyright Infringement of Photographs
Digital technology has led to an explosion of litigation regarding the infringement of photographs. This program will explore strategies for claimants and defendants in copyright photography litigation through an examination of recent cases. The panel will feature experienced copyright litigators Kevin McCulloch and Cynthia Arato, along with Mickey Osterreicher, General Counsel of the National Press Photographers Association.

State of Play: Copyright Protection for Pre-1972 Sound Recordings
Federal copyright law does not protect sound recordings created prior to February 15, 1972. A spate of lawsuits over the last several years has sought to establish the scope of state law protection for such pre-72 recordings. This program will explore the current landscape in the wake of those lawsuits. (59:54 min.)

Patent Cases in the Supreme Court
This term has been a particularly active one for patent cases in the Supreme Court. As of February 8, the Court has already decided one patent case and granted certiorari in five more. Twelve more patent case petitions are pending. It’s a lot to keep track of. So the Intellectual Property Committee has gathered a group of leaders to provide a quick review and update on the following key cases:

  • Samsung v. Apple (design patent damages)
  • SCA Hygiene Products v. First Quality Baby Products (laches)
  • Life Technologies v. Promega (extra territorial induced infringement under 35 U.S.C. 271(f)(1))
  • TC Heartland LLC v. Kraft Food Brands Group LLC (venue)
  • Impression Products, Inc. v. Lexmark International, Inc. (patent exhaustion and restraints on downstream uses)

(21:33 min.)

What's Good for the Goose: How to Obtain Attorneys Fee Awards in Copyright Litigation after Kirtsaeng
The Supreme Court's recent decision in Kirtsaeng v. John Wiley & Sons provides guidance for awards of attorneys' fees to prevailing parties in copyright infringement cases. This program will explore the mechanics and substance of obtaining attorneys fees. (1:02:59 min.)

Copyright Termination: How Authors Can Get Back a Piece of Their Pie
By Brian Caplan and Scott Keniley
Sections 203 and 304 of the Copyright Act allow authors to terminate grants of of copyright assignments and licenses in certain circumstances. Who has standing to effectuate a termination? Worker for hire Issues. What do you get back? What is an “agreement to the contrary?” These questions and the nuts and bolts of copyright termination will be explored with veteran copyright litigators Brian Caplan and Scott Keniley. (1:00:59 min.)

Rogue Website Litigation: Tackling The Onslaught of Internet Counterfeiting through US Courts
By Roxanne Elings
Foreign infringers use the internet to randomly sell products and distribute content that violate American companies' intellectual property rights. But because they are offshore and often mask their true identities, operators of foreign rogue websites can be difficult to stop. Several years ago, a cutting-edge strategy was first developed in North Face Apparel Corp. v. Fujian to combat foreign rogue websites which sell counterfeit goods and infringe trademarks. Roxanne Elings of Davis Wright Tremaine LLP will discuss how American companies are employing this strategy to combat trademark and copyright infringement of media content and consumer goods. (48:48 min.)

Design Patent and Trade Dress Litigation: More than Meets the Eye
By Christopher V. Carani
From the design houses of New York City, to the storied industrial design firms of Chicago, to the cutting-edge think tanks of Silicon Valley, the desire for effective and enforceable design protection is at an all-time high. Simply put, looks matter. Recently released statistics show that applicants are securing U.S. design patents at record rates. With more design patents issued, there also has been a marked uptick in design patent litigation filings. While design patents share much in common with utility patents and trade dress, they have significant and distinct differences from those rights, which if not understood, can present unique traps for the unwary when it comes to litigation.

In this Roundtable, leading design IP attorney Christopher V. Carani will discuss design patent litigation issues, including best practices for asserting, and defending against, claims of design patent infringement, the design patent infringement standard, design patent claim construction, the ins and outs of design patent drawings, design patent defenses of prosecution history estoppel, anticipation, obviousness, and indefiniteness. Along the way, Mr. Carani will also offer insights and strategies for cases involving both trade dress and design patent infringement claims. (1:02:11 min.)