An Amicus Curiae Brief in support of the respondent was filed by the American Bar Association in August in Costco v. Omega, a case pending in the U.S. Supreme Court. In Costco, the Court is called upon to resolve a potential conflict between two provisions of U.S. copyright law, one of which allows a copyright owner to block unauthorized importation of copies of his copyrighted works, and another that provides that the owner has no right to control resale once an authorized first sale has occurred. The works in question were made and sold abroad before importation into the U.S.
The brief was drafted by Thomas Goldstein and the ABA-IPL Amicus Briefs Committee, in coordination with the ABA Standing Committee on Amicus Curiae Briefs.
The ABA brief agrees that the U.S. Court of Appeals for the Ninth Circuit reached the correct result in holding that a copyright owner may prevent the importation into the United States of copies of copyrighted works made abroad, when no authorized first sale of those copies in the U.S. has occurred.
The ABA brief notes that Congress limited application of the first sale exhaustion of rights doctrine to works that are lawfully made under U.S. law, and that under copyright law principles of territoriality, works made abroad are not made under U.S. law.
This brief was the culmination of Section efforts to develop and promote ABA policy on the issues involved. The policy was developed by the Section with the cooperation and assistance of other ABA sections. It was cosponsored by the Sections of Science and Technology, International Law, and Litigation, and was adopted by the ABA House of Delegates at the ABA Annual Meeting in February.
The Section’s Nominating Committee, appointed by the Section Chair Marylee Jenkins, welcomes members’ suggestions for candidates for Officer and Council positions. The Nominating Committee is responsible for nominating members to serve in the following 2011-2012 ABA year positions: Chair-Elect, Vice Chair, Secretary, Financial Officer, Publications Officer, Membership Officer and CLE Officer (all for one-year terms), Section Delegate to the ABA House of Delegates (for a three-year term expiring in 2014), and four new members of Council (all for four-year terms expiring in 2015).
The election for these positions will be voted on at the Section’s Business Meeting on Saturday, August 6, 2011, during the ABA Annual Meeting at the Four Seasons Toronto Hotel in Toronto. As specified in the Section’s Bylaws, at the close of the 2011 Annual Meeting in Toronto, the current Chair-Elect, Robert A. Armitage, will automatically assume the office of Section Chair and the elected Officers and Council members will commence their terms.
The Nominating Committee invites all members of the Section to submit their candidate suggestions by email before December 31, 2010 or in person at the committee’s meeting on Sunday, January 30, 2011 during the Section’s Leadership Meeting in Palm Beach. Please direct your suggestions to the Chair or any other member of the Nominating Committee, as set forth below:
Susan Barbieri Montgomery, Chair
Foley Hoag LLP
Pamela Banner Krupka
Krupka Law Group, P.C.
George W. Jordan III
Gordon T. Arnold
Fax : 713-972-1880
Fax : 210-226-8395
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:
- Only lawyer members of the committee are eligible to be become voting members of the committee.
- Committee members may sign up as voting members throughout the entire year. However, once a committee begins deliberations on a particular resolution, no new members will be allowed to become voting members until the resolution has been voted on. 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 their Committee Chair or the ABA-IPL Committees Manager, Kevin Legg. Those opting out of voting membership can still retain their membership in the committee.
- Any lapse in committee, Section, or ABA membership including temporary suspension due to non-payment of ABA Dues will result in a loss of committee voting member status. Please re-enroll as a voting member in your committees of choice if your membership has lapsed for any reason.
- 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.
- Voting members will receive a communication from the Committee Chair once voting begins, requesting a vote by a certain date. 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-enroll as a voting member.
The Judicial Intern Opportunity Program (JIOP) is seeking to expand its partnership with the ABA Section of Intellectual Property Law. JIOP is a full-time six-week minimum summer internship program which is open to all first- or second-year minority and/or financially disadvantaged law students who want to do legal research and writing for state and federal judges.
The mission of JIOP is to provide opportunities to students who are members of racial and ethnic groups that are traditionally underrepresented in the profession. The program also provides opportunities to students with disabilities, students who are financially disadvantaged and students who identify themselves as gay, bisexual, lesbian or transgendered.
ABA-IPL assists the program through interviewing, funding and fundraising. All ABA-IPL members are encouraged to volunteer to conduct screening interviews, to locate judges willing to host interns in program cities, and to assist in the fundraising efforts so the beneficial work of the program may continue and grow.
The ABA-IPL JIOP effort is overseen by the Membership Board of the Section. All ABA-IPL members interested in helping to screen interviewers for applicants, locating host judges or assisting with fundraising are encouraged to contact Stephen Spears ( email@example.com) to discuss options and other ways in which they may best support JIOP.
Internships for students with an intellectual property law focus will be offered in Chicago, Los Angeles, Texas and Washington, DC.
Applications for the Summer 2011 Judicial Intern Opportunity Program are now being accepted for second-year law students. Applications for first-year law students will be accepted December 1st, in accordance with NALP guidelines. Students can indicate their interest for specialized intellectual property law positions on their application. These specialized slots are limited and any student applying to the program with a request for specialization will also be considered for the general litigation internships.
The program is administered by the ABA Section of Litigation, which has partnered with both the Section of Antitrust Law and the Section of Intellectual Property Law to support JIOP both financially and with member and volunteer support. Over the past nine years, the program has grown exponentially. It started with 58 students and 40 judges in two cities and now provides screening interviews with nearly 650 program applicants, from which 170 interns are assigned to 135 judges in nine locations. ABA-IPL was able to place a total of 15 interns specializing in IP with federal and state judges this past summer.
For more information, or to apply: www.abanet.org/litigation/jiop.
ABA-IPL Membership Officer Susan McGahan announced that AT&T has provided the Judicial Intern Opportunity Program (JIOP) with a contribution of $4,500. This contribution helps JIOP attain its goals of offering minority and financially disadvantaged law students the opportunity to intern with participating state and federal judges.
JIOP thanks AT&T for its generous support in these worthwhile diversity initiatives. If your firm or company is able to provide a contribution, contact Stephen Spears at firstname.lastname@example.org or visit the JIOP website at www.abanet.org/litigation/jiop.
The Section continues its commitment to the Young Lawyer Fellows Program. The program was started in 2004 to develop future participation and leadership within the Section by providing young lawyers with opportunities to participate in key meetings of the Section.
Participants in the Young Lawyers Fellows Program typically attend the ABA Annual Meeting, ABA Mid-Year Meeting and Annual Intellectual Property Law Conference for three consecutive years, as well as attending any stand-alone meetings of their committees. They report to the Council of the Section and the Council of the YLD on an annual basis about their experience as Fellows.
Candidates must be active members of the Young Lawyers Division (YLD) or ABA-IPL Young Lawyers Action Group (YLAG), or active members of the YLD who have aged out (age 36 or older or more than 5 years after first admission to bar) within the past three years. In selecting Fellows, the following criteria are considered:
- Participation and leadership in the ABA Young Lawyers Division
- Membership and prior participation in the Section of Intellectual Property Law
- Prior participation in the YLD Intellectual Property & Internet Law Committee
- Prior participation in the ABA-IPL Young Lawyers Action Group (formerly the Young Lawyers Committee)
- Prior participation and involvement in other ABA offices and committees
- Determination, commitment and enthusiasm
The Section is committed to promoting diversity among its membership. Not only will the Section consider law firm size, practice area, and geographic location of the applicants, but will also place a special emphasis on ensuring that the participants represent diverse racial, gender, ethnic, religious, sexual orientation and cultural backgrounds.
The Young Lawyer Fellows coordinate with the YLD Liaison’s efforts to provide broader exposure of the benefits of Section membership to the YLD, including developing plans for joint social and substantive events and programs at the ABA Annual Meeting, as well as YLD meetings.
In addition, the senior Fellows act as mentors to new Fellows and other YLD members who join the Section and organize an annual Fellows alumni event to be held each Spring at the Annual Intellectual Property Law Conference.
Current Young Lawyer Fellows are:
Christina Scelsi (2009-2012)
Sharra Brockman (2009-2012)
Matthew Asbell (2010-2013)
Monisha Deka (2010-2013)
ABA-IPL is coordinating once again with the Law Education Institute to produce the annual National CLE Conference in Vail, Colorado, January 5-9, 2011. The 2011 IP program features Hon. Sharon Prost of the U.S. Court of Appeals for the Federal Circuit.
In addition to Judge Prost, the conference features a lineup of top-notch faculty, presenting cutting-edge intellectual property topics. Leading corporate and private practitioners discuss practical ramifications of recent decisions affecting patent, trademark and copyright practice. The location allows for skiing enthusiasts to hit the slopes in one of the world’s great ski resorts.Complete information and registration is available at the Law Education Institute website— www.lawedinstitute.com.
The ABA Section of International Law (SIL) has developed an International Intellectual Property Rights (IPR) Advisory Program co-sponsored by the U.S. Department of Commerce and the Coalition Against Counterfeiting and Piracy. The program allows American small and medium size enterprises (SMEs) to receive a free, one-hour consultation with an experienced volunteer attorney regarding the protection of its intellectual property rights in BRICET countries: Brazil, Russia, India, China, Egypt, and Thailand. Since the program’s inception in November 2005, SIL has successfully matched more than 100 small and medium sized U.S. companies with volunteer attorneys. For more information on the program, please visit: http://www.abanet.org/intlaw/intlproj/iprprogram.html or contact SIL’s International Projects Coordinator Katie Van Geem ( Katie.VanGeem@americanbar.org; 1-202-662-1675).SIL has worked with the DOC to expand the program into several additional countries which the DOC considers priority markets including Kenya, Ghana, Mozambique, Angola, Senegal, Nigeria, South Africa, Columbia, Mexico, Indonesia, Vietnam, Turkey, and Saudi Arabia. SIL is currently looking for volunteer attorneys to participate in the program from any of the countries listed above as well as the original BRICET countries. Participation in the program is a great way to earn pro-bono experience and make contacts in the regions. To register as a volunteer attorney, please visit: http://www.abanet.org/intlaw/intlproj/iprprogram_attorneys.html.
More than just continuing legal education … a unique IP experience
Mark your calendar—Watch for complete conference and registration information on our website as it becomes available
26th Annual Intellectual Property Law Conference
What IP Lawyers Need To Know
April 6-9, 2011
Crystal Gateway Marriott Hotel
Gain a year’s worth of CLE credits during the conference’s two and one-half days of quality IP programming with pre-eminent moderators and speakers at the forefront of IP law. A complete list of CLE programs and events will be available soon at www.abanet.org/intelprop.
There will also be special networking opportunities for young lawyers, women in the profession, corporate counsel, and all other attendees. Once again, the conference will feature the popular special evening reception at the U.S. Court of Appeals for the Federal Circuit’s historic Dolley Madison House.
ABA Annual Meeting
August 4-7, 2011
Four Seasons Toronto Hotel
Toronto , Ontario
Princo Corp v ITC : Patent Misuse and Limits to Agreements Between Patent Owners
Tuesday, November 16
Landslide Teleconference Series
The Politics of Fair Use: A Practical Discussion of Fair Use Principles Using Recent Examples of Popular Music in Political Campaigns
Wednesday, November 17
Young Lawyers Teleconference Series
Summary of the Pitfalls and Strategies to Avoid Charges of Inequitable Conduct (webinar)
Tuesday, November 30
Practical Tips for Patent Prosecution (webinar)
Tuesday, December 21
ABA Section of Public Contract Law (3-part webinar)
Intellectual Property in Government Agreements - What You Didn't Learn in Kindergarten
Friday, November 12