2011 marks the Section’s 26th Annual Intellectual Property Law Conference, April 6-9, at the Crystal Gateway Marriott Hotel in . Recognized for its national and international scope and preeminent programming for over a quarter century, this two and one half day conference provides a gathering of the foremost authorities on the state of intellectual property law.
More than twenty four CLE programs will feature expert panelists in the arenas of patent, trademark, copyright, corporate counsel, science and technology law, communications law, and ethics. Complete program schedule.
Our valuable networking events offer the opportunity to socialize with colleagues and meet top IP practitioners:
Wednesday, April 6 –Welcome Reception: “Let the Virtual Games Begin!”– After a full day of Section committee activity on Wednesday, April 6, the Young Lawyers Action Group welcomes all participants and their guests to this fun kick-off reception with cocktails, hors d’oeuvres and an exciting remote-controlled team quiz show. Young lawyers, new members and first-time attendees will be encouraged to participate and all Section leaders are encouraged to attend to meet and mentor these newcomers. (complimentary)
Thursday, April 7 – Luncheon with guest speaker Hon. Randall R. Rader, Chief Judge of the U.S. Court of Appeals for the Federal Circuit. (tickets required)
Thursday, April 7 – Reception at the Court of Appeals for the Federal Circuit’s, historic Dolley Madison House (tickets required, transportation provided)
Friday, April 8 – Luncheon with guest speaker Robert Stoll, Commissioner for Patents, U.S. Patent and Trademark Office. (tickets required)
Friday, April 8 – Cocktail Reception. All conference attendees are welcome to attend this cocktail reception immediately following programming on Friday afternoon. (complimentary)
Saturday, April 9 – Networking Buffet Luncheon (tickets required)
Register before March 22 to receive the special discount early registration rate.
A block of rooms is being held at the special conference rate of $199 at the Crystal Gateway Marriott Hotel, . Make your reservation online at www.abanet.org/intelprop/spring2011 (look for the “Hotel Reservations” link) or call the Crystal Gateway Marriott Hotel directly at (800) 266-9432. Be sure to mention the ABA 2011 ual Intellectual Property Law Conference to receive the special group rate. The cutoff date for the room block is Monday, March 14, 2011. After this date, reservations can be made at the conference rate on a space-available basis only.
Susan Barbieri Montgomery, Chair of the Section’s Nominating Committee, reports that the following candidates have been nominated for the 2011-2012 Association year.
Chair-Elect: Joseph M. Potenza, Washington, DC. Mr. Potenza is the current Vice-Chair of the Section. He was formerly publications Officer and Chair of the Content Advisory Board. He served on the Section Council for four years, and as Section Secretary for three years. Mr. Potenza is currently a member of the ABA Standing Committee on the Federal Judiciary, and has been a long-standing member of the ABA Standing Committee on Publishing Oversight where he continues to serve as a Special Advisor. Previously, Mr. Potenza was Program Chair of the Annual Intellectual Property Law Conference and Co-Chair of the former Summer IPL Conference. He also served as Chair of Division VI – Litigation, Alternative Dispute Resolution and Related Issues, and the committees on Patent System Policy Planning, Public Information, Trial and Appellate Rules and Procedure, and Young Lawyers. Mr. Potenza is also a former Chair of the ABA Section of Science & Technology Law.
Vice-Chair: Robert O. Lindefjeld. Mr. Lindefjeld has been Chair of Division I – Patents for two years. He served as Section Secretary for three years, and served on the Section Council for four years prior to that. He was a committee chair within the Patents Division for a several years, and also served as the program chair for the ual Intellectual Property Law Conference. He was the chair of the Young Lawyers Practical Tips programming series for several years.
(for a four year term, ending in 2015)
June M. Besek, New York, NY. Ms. Besek has served as Chair of Division III for the past two years. She served on the Section Council for four years from 2005-2009. Prior to that she served as the committee chair for a number of the committees within the Copyright Division. She has also served as Chair of the Copyright Law Reform Task Force for a number of years, and is also a past member of the Nominating Committee.
Christopher A. Bullard, Alexandria, VA. Mr. Bullard is Chair of the PTO Affairs – Patents Committee. He has served as a member of the Young Lawyer and Law Student Board as well as the Magazine Editorial Board. He is a past Chair of the former Young Lawyers Committee (now the Young Lawyers Action Group), and served as the Law Student Division Liaison to the Section.
Denise W. DeFranco, Boston, MA. Ms. DeFranco is member of the Content Advisory Board and also serves on the Patent Law Reform Task Force. She is a past Chair of the PTO Affairs – Patents Committee, the former Inventors Committee, and former Special Committee on Patent Experts.
Scott F. Partridge, Houston, TX. Mr. Partridge served as a member of the ABA Board of Governors from 2007-2010, where he was the Board Liaison to the Section of Intellectual Property Law. He currently serves as a Delegate-at-Large in the ABA House of Delegates. He served as a Section Delegate to the ABA House of Delegates from the Section of Science & Technology from 2003-2009. He is a past Chair of the Section of Science & Technology Law. He also served on the Executive Committee of the ABA Section Officers Conference, and chaired the SOC Finance Committee.
Section Delegate to the House of Delegates (for a three-year term, expiring in 2014):Jack C. Goldstein, Houston, TX. Mr. Goldstein has been a Section Delegate to the ABA House of Delegates since 1999. He is a past Chair of the Section. He served on the Section Council, was a Chair of Division I – Patents, and Division IV – Related Legal Issues, as well as serving as chair of numerous Section committees over the past 38 years. He served on the Nominating Committee and also chaired that committee.
Secretary: Adriana Suringa Luedke, Minneapolis, MN. Ms. Luedke has served as Secretary for two years. She has been the Chair of Division I – Patents, and the Section Liaison to the ABA Commission on Women in the Profession. She has served as Chair of Division VIII – Meetings and Resolutions. She has also Chaired 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 ual Intellectual Property Law Conference and Program Co-Chair of the Section Activities at the ABA Midyear Meeting.
Financial Officer: Theodore H. Davis, Jr., Atlanta, GA, Mr. has served as Financial Officer for four years, and as a Council Member for four years. He Chaired the former Division IX – Publications and Public Education, Division II – Trademarks and Unfair Competition, and the Committees on State Trademark Laws, International Trademark Treaties and Laws, and Federal Trademark Legislation.
Publications Officer: Antoinette M. Tease, Billings, MT. Ms. Tease has served as Publications Officer for one year and serves as the Chair of the Content Advisory Board. She served as a member of the Section Council since 2007. She has also served as the Vice Chair of the Content Advisory Board. She has served as Chair of Division VII – Information Technology, and as a Committee Chair for several committees within that division.
Membership Officer: Susan McHale McGahan, Bedminster, NJ. Ms. McGahan has served as the Membership Officer for one year and also serves as the Chair of the Membership Board. She also served as Chair of the former Division VIII – Meetings and Resolutions. She served as Financial Officer of the Section for three years. Prior to that, she served on Section Council for four years. She has also chaired the former Division V – Professional and Section Relations, and the former Division IX – Publications. Prior to that, she served as Chair of the Young Lawyers Committee and the Membership Committee.
Continuing Legal Education Officer: Kim R. Jessum, Philadelphia, PA. Ms. Jessum has served as Interim Continuing Legal Education Officer for one year, and serves as Chair of the Continuing Legal Education Board. She served as the Chair of the Annual Intellectual Property Law Conference for two years, and Chair of the Teleconference Committee for two years. She has also served as Chair of the former Committee on Copyrights and the Internet. She also served for three years as Chair of the former Young Lawyers Committee, where she was the program chair of the Young Lawyers Practical Tips programming series. She is a current member of the ABA Standing Committee on Technology and Information Systems, and served for three years as a member of the ABA Standing Committee on Continuing Legal Education.
Chair: According to Section bylaws, Robert A. Armitage, Indianapolis, IN , current Chair-Elect, automatically assumes the office of Chair for the 2011-2010 Association year. Prior to his current position, he served as Vice Chair of the Section. Mr. Armitage served on the Section Council for four years. Prior to serving on the Council, he served as Division Chair of the former Division IX – Publications and Public Education, as Division Chair of Division IV–Related Legal Issues, as Division Chair of former Division X–Biosciences and Chemical Practice, and as Division Chair of Division I–Patents. In addition, he has served as committee chair of numerous committees within all of these divisions, and as Program Chair of the ual Intellectual Property Law Conference.
In addition to Chair Susan Barbieri Montgomery, Boston, MA, the Nominating Committee is comprised of Pamela Banner Krupka,Los Angeles, CA, Gordon T. Arnold, Houston, TX, George W. Jordan, Houston, TX, and Gale R. (Pete) Peterson, San Antonio, TX.
Elections for open positions will be held at the ABA ual Meeting in on Saturday, August 6, 2011 at the Four Seasons Toronto Hotel during the Section’s ual Business Meeting.
Additional nominations for any position may be made by petition signed by not less than 100 members of the Section, listed by their 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 Opening Assembly of the ual Meeting. The Opening Assembly will be held on Saturday, August 6, 2011.
To register for these ABA-IPL CLE teleconferences, visit our home page
Tuesday, March 8
12:30 - 2:00 pm ET
Vernor v. Autodesk: I Bought It So I Must Own It
This live audio webinar and teleconference will analyze copyright infringement claims regarding software licensing agreements (SLA) and the defenses of first sale doctrine and essential next step.
Our expert faculty will examine ownership and license as it relates to shrink wrap agreements and the point, if ever, a purchaser of software can obtain ownership from a sale. They will also examine three key cases on this very issue that were used to reconcile conflicts over licensees and ownership, explore the implications on the individual at-home consumer who purchases software on-line or in a retail store, and whether this type of customer may be subject to the provisions of a SLA the same way as a corporation that purchases copyright protected software in bulk and subsequently transfers the software to another by sale.
Wednesday, March 23
12:00 – 1:00 ET
New Frontiers: How a U.S. Attorney Can Live, Practice Law and Prosper in Another Country
Join our expert faculty as they discuss the benefits and drawbacks of U.S. attorneys practicing law in other countries. They will also discuss the qualifications, visas, and work permits needed to practice law in other countries; reasons for maintaining a U.S. law license; difference in ethical considerations in U.S. and foreign country’s laws, legality of being a partner in a foreign-based law firm; and the edge that U.S. attorneys gain by practicing law in a foreign country.
Wednesday, April 27
12:30 – 2:00 ET
Viacom v. YouTube: Does Third Party Contributory Copyright Infringement Really Exist?
A technologically savvy person creates a new video of copyrighted footage, syncs copyrighted music to the video, and uploads to a third-party hosted internet service provider (ISP) site. Is this contributory copyright infringement by the ISP? Who is responsible for policing copyright infringement on third-party hosted sites? Is it fair and reasonable for the copyright holder to bear the burden and cost of protecting the copyright, while the third-party ISP reaps the benefits and rewards in the name of advertising revenues? This live audio webinar and teleconference will attempt to address the issues that surround the safe harbor found in the Digital Millennium Copyright Act (DMCA) as it applies to ISPs.
Our expert faculty will analyze the courts interpretations of the safe harbor found in the DMCA and explore whether the DMCA is practical in application for protecting the content of copyright holders over the internet as technology develops. Additionally, they will discuss whether the burden of policing copyrights should rest solely with the copyright holder or shared with the third-party provider ISP as well as examine the procedures for protecting copyright rights over the Internet, and the shifting burdens of proof.
Also, watch our website for information on these upcoming teleconferences, as it becomes available:
- The Nuts & Bolts of Trademark Law
April 29, 2011
- Comparing and Contrasting the Approaches to Business Method and Software Patents in Europe, Asia and the U.S.
May 27, 2011
- ITC 337 Investigations vs. District Court Litigation: Contrasting Procedures and Remedies Available to Resolve IP Disputes
May 10, 2011
- Ask the Expert—Answers to Questions Every Trademark/Copyright Attorney Needs to Know But Is Afraid to Ask
June 24, 2011
- IP Law in China and India
July 22, 2011
In a busy season of advocacy, the ABA Section of Intellectual Property Law has drafted and submitted written comments to a number of government agencies on a variety of topics. Comments include:
- Comments to the USPTO on Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos
- Comments to the USPTO Board of Patent Appeals and Interferences on Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
- Comments to the USPTO on Trademark Litigation Tactics
- Joint Comments with the ABA Section of International Law to the U.S. Trade Representative in Response to Request for Public Comments on the Anti-Counterfeiting Trade Agreement (ACTA)
- Comments to all 100 U.S. Senators in support of S.23 the Patent Reform Act of 2011, and its opposition to any amendment that may be offered to strike the “first-inventor-to-file” provisions of the bill.
- Comments by ABA President Stephen Zack, on behalf of the entire ABA, to the U.S. House of Representatives Committee on Appropriations, urging appropriate funding of the USPTO.
Full comments can be seen on the Section’s Advocacy page
Become an ABA-IPL Committee Voting 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 that choose not to enroll as a voting member can still participate in all other committee activities and receive any committee 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.
Please remember to notify the ABA if your email address changes. You can do this yourself by logging in to your “myABA” page on the website. Find the link at the top of any page in the ABA website.
Mark Your Calendar
ABA Annual Meeting
& ABA-IPL Section Programs
August 4-7, 2011
Four Seasons Toronto Hotel
Offering a comprehensive slate of CLE sessions including committee roundtables, as well as a variety of networking activities, tours, and events.
Section hotel is the Four Seasons Toronto Hotel.
Watch the Section website for details as they become available.