Professional Documents
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ANNUAL
INTELLECTUAL
PROPERTY LAW
CONFERENCE
25
April 7 - 10, 2010
Crystal Gateway Marriott
Arlington, VA
Conference Highlights
The conference that IP lawyers cannot afford to Attend The future of patent reform
miss—now celebrating its 25th anniversary year! the Annual
Intellectual ITC IP mediation project
The Annual Intellectual Property Law Conference Property Law
is the ABA Section of Intellectual Property Law’s Conference to: Google Books Settlement
(ABA-IPL) gathering of the foremost authorities n Satisfy yearly
CLE requirements Litigating validity
on IP law. It features two and one-half days of
n Sharpen your
comprehensive CLE programming that can fulfill knowledge and skill
Defending depositions in trademark cases
25
a year of credits. n Expand your network
n Remain up-to-date on Duty of disclosure to USPTO
issues critical to your
practice
This conference is recognized for its national and international scope
Patent damages
and draws a broad spectrum of IP practitioners including judges,
government officials, in-house counsel, academics, and private
practitioners. Opinion of counsel
10:15 – 11:45 am TWO CONCURRENT SES SIONS 1:45 – 3:15 pm T HREE CONCURRENT SES SIONS
I. The Year in Patent Law I. Hot Topics in Foreign Patent Procurement and Enforcement
Learn about the most recent developments over the past year in patent case law It can be difficult for patent attorneys to remain abreast of changes in important
and how the decisions will affect your practice. Hear the latest analysis of the foreign jurisdictions. However, being informed can ensure that patent procurement
impact of these recent cases from leading industry and academic experts. strategy is tailored to maximize the protection afforded by a patent portfolio. A panel
Moderator: Kevin Casey, Stradley Ronon Stevens & Young, LLP, Malvern, PA of speakers from Europe, China, Australia and the Office of the PCT will provide a
valuable update on potential pitfalls and dangers during prosecution, such as the
Speakers: Prof. Timothy Holbrook, Emory University School of Law, Atlanta, GA
scope and effect of amendments and restrictions on filing divisional applications.
Sherry Knowles, Senior Vice President & Chief Intellectual Property Counsel,
This program is essential for U.S. patent attorneys managing foreign portfolios.
GlaxoSmithKline, King of Prussia, PA
Moderator: Jay Erstling, Patterson, Thuente, Skaar & Christensen, Minneapolis, MN
II. The Google Books Settlement: How Will It Change the Landscape? Speakers: Matthew Bryan, Director, Office of the PCT, World Intellectual Property
Organization, Geneva, Switzerland
Two panels will discuss the impact of the Google Books Settlement. The first
Barry Eagar, B. Eagar, Oxenford, Queensland, Australia
panel will review the mechanism in the settlement agreement which allows
universities to unlock their libraries of copyrighted works, many of which were Deshan Li, Unitalen, Unitalen, Beijing, China
effectively unavailable to the general public prior to being scanned, and explore Gwilym Roberts, Kilburn & Strode, London, England
how the settlement will likely affect universities in licensing special collections
II. Of Courts & Copyists: The Most Recent Developments
and in-copyright works. The second panel will provide a general overview of in the World of Copyright Law
the Google Books settlement and the implications it is likely to have for authors,
publishers, Google and its competitors, libraries and other users, regardless of Join Kate Spelman and Mike Keyes on a tour through recent copyright case law
whether it is ultimately approved. and changes. Topics will include updates on Dastar preemption, DMCA, fair use,
Moderators: James McEwen, Stein McEwen, LLP, Washington, D.C. damages, perpetual possession/first sale doctrine and other important copyright
June M. Besek, Executive Director, Kernochan Center for Law, Media and the Arts, issues with a focus on practice tips for you in assisting your clients.
Columbia Law School, New York, NY Speakers: J. Michael Keyes, K&L Gates, Spokane, WA
Speakers: Jonathan Band, Jonathan Band PLLC, Washington, D.C. Katherine Spelman, Cobalt LLP, Berkeley, CA
Joseph C. Gratz, Durie Tangri LLP, San Francisco, CA
Joel Lutzker, Ocean Tomo, LLC, Greenwich, CT III. Biosimilars 2010
Mary E. Rasenberger, Skadden, Arps, Slate, Meagher & Flom, New York, NY
Biosimilars are of tremendous interest globally. It has been predicted that in the
Madelyn Wessel, Associate General Counsel, University of Virginia, Charlottesville, VA near future biologic therapies will amount to more than 50% of newly approved
medicines. In the same period, a substantial number of patent protected
12:00 – 1:30 pm LUNCHEON Tickets required biotechnology-based therapies will come off patent, enabling the marketing
of biosimilar or follow on biologic products. Even though opportunities abound,
Guest Speaker biosimilar producers and patients face substantial risks, requiring producers
David Kappos, Under Secretary of Commerce for Intellectual Property to develop innovative legal strategies and to carefully assess research and
and Director of the U.S. Patent and Trademark Office, Alexandria, VA development and production processes to guarantee safety and efficacy of
Director Kappos will share his perspective on USPTO challenges and biosimilar products to establish an efficient and safe strategy for biosimilar
strategies for the future. approval. This discussion will explore the issues and solutions to problems
encountered in biosimilar regulation in the U.S. and abroad.
Thursday’s Luncheon Co-sponsored by
Sponsored by the ABA Section of Science & Technology Law
Moderator: William J. Simmons, Ph.D., J.D., Sughrue Mion, PLLC,
Washington, D.C.
Special Luncheon Events Speakers: Falk Ehmann, M.D., Ph.D., Scientific Administrator for Human Use,
Join fellow conference participants for lunch on Thursday, Friday, and Saturday at the Crystal Gateway European Medicines Agency (EMEA), London, England
Marriott Hotel. Special guest speakers will address the participants at the luncheons on Thursday and Hon. Anna G. Eshoo, 16th Congressional District of California, U.S. House of
Friday. Saturday will feature a buffet luncheon and an opportunity to network with colleagues in the Representatives, Washington, D.C. (invited)
profession. (Tickets required for luncheons - $50 each) Ameet Mallik, Head Biopharmaceuticals, Sandoz US Inc., Princeton, NJ
Thursday, April 8 Christine Mundkur, CEO, Sandoz US Inc., Princeton, NJ
Friday, April 9
Amy Rosenberg, Food and Drug Administration, Director, Division of Therapeutic
David Kappos Sarah T. Harris Proteins, CDER, Silver Spring, MD
Under Secretary of Commerce for Vice President & Chief IP Counsel, Hon. Charles E. Schumer, Senator from the State of New York, U.S. Senate,
Intellectual Property and Director of AOL LLC Washington, D.C. (invited)
the U.S. Patent and Trademark Office
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Program Schedule
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3:30 – 5:00 pm T HREE CONCURRENT SES SIONS III. The DMCA Revisited: Analyzing the First 12 Years of Case Law
Under the Statute and its Application to UGC Sites
I. Best Practices for Selecting, Retaining and Working with
Experts in Patent Cases The service provider liability limitations of the DMCA have been the subject of
multiple lawsuits against user generated content sites. In the past year there have
This panel will discuss the importance of having good experts in a patent case; been 3 significant decisions holding service providers not liable for user generated
suggestions for how to find and select the best expert for your particular case content and a fourth case is set for decision in 2010. This program will analyze the
or court, including considering issues of gender and race; the role of consulting DMCA 12 years after its passage with an eye towards identifying those aspects
experts in a patent case and when/how to retain them; and the mechanics of of the law that work well and those aspects of current technology that are not
expert retention. The panel will also give advice on how to work most effectively well covered by the DMCA. The program also will focus on those things copyright
with experts in patent cases, as well as how to aid your expert in most effectively owners can do to maximize protection online and ways service providers can
presenting her or his testimony to the fact-finder. In this regard, the panel will reduce their liability. In addition, the program will trace the development and likely
specifically discuss what role, if any, the gender and/or race of the expert plays in future path of case law construing the DMCA, including potential circuit splits.
the fact-finder’s perception of experts in patent cases.
Co-sponsored by
Moderator: Nicole D. Galli, Pepper Hamilton LLP, Philadelphia, PA the ABA Section of Science & Technology Law
Speakers: Kathi Kedrowski, Managing Director, Disputes and Investigations,
Moderator: Ian C. Ballon, Greenberg Traurig, LLP, Palo Alto and Los Angeles, CA
Navigant Consulting, Chicago, IL
Speakers: Speakers TBD
Arthur H. Patterson, Ph.D., Senior Vice President, Decision Quest, Sarasota, FL
Jeannine Sano, Howrey LLP, East Palo Alto, CA
Marta L. Villarraga, Ph.D., Exponent, Philadelphia, PA 6:00 – 9:00 pm Special Evening Reception at the Dolley Madison House
Tickets required
II. The Most Important Trademark Presentation of Your Career
All conference participants, their spouses and guests are invited to join us for a
Considered by many to be the equivalent of a Grammy® awards for trademark special reception at the Dolley Madison House, hosted by the Section.
issues, this fast paced panel covers the hottest trademark topics of the year, to This special reception is an opportunity to visit the historic house built in 1830.
include a review of the gTLD rollout, use in commerce and adwords, initial interest In 1837 it became the home of Mrs. Dolley Payne Madison, wife of President
confusion over the internet, trends in experts and surveys, noteworthy decisions, James Madison, who lived there until her death in 1849.
and more.
Buses have been arranged to transport attendees from the hotel to the reception
Moderator: Erin Hennessy, K&L Gates, Seattle, WA
at 1520 H Street, N.W., in downtown Washington, D.C. Alternatively, attendees
Speakers: Anthony Biller, Coats and Bennett, PLLC, Cary, NC are welcome to take taxis or utilize the Metro to travel to the Court. Buses board
Jim Davis, Arent Fox LLP, Washington, D.C. for the reception at 5:30 pm in front of the hotel, and depart at 5:45 pm.
Michael Potenza, Debevoise & Plimpton LLP, New York, NY The reception will be held following the day’s programming on Thursday, April 8.
Fabricio Vayra, Time Warner, New York, NY Cocktails and hors d’oeuvres will be served. This popular annual event fills
quickly, so purchase your tickets early!
Spouse/Guest Tour
Thursday, April 8 - The Supreme Court and Library of Congress
9:30 am - 3:00 pm Special Reception at the U.S. Court
Thursday’s tour begins at the Supreme Court, our nation’s highest court. Although of Appeals for the Federal Circuit
146 years old, the Supreme Court was not housed in its own building until 1935. As in past years, we will be hosting a unique reception at the Thursday’s
A court employee will guide you through the great bronze doors and into the U.S. Court of Appeals for the Federal Circuit at the Dolley coffee breaks
beautifully appointed Great Hall and Court Chamber, while relaying the history Madison House, part of the National Courts complex, to sponsored
of famous cases and facts on current justices. The tour will then proceed across which all conference participants and their spouses or guests by BNA
the street to the Library of Congress, where attendees will have access to rare are invited. Cocktails and hors d’oeuvres will be served.
cultural treasures through interactive exhibits. A guide will explain the history and
Buses have been arranged to transport attendees from the
purpose of the building, and lead the group to the mezzanine viewing area above
Crystal Gateway Marriott Hotel at 5:30 p.m.
the main reading room. Lunch will take place at the James Beard Award Winner for Best New Restaurant
2008, Central. This contemporary French-American bistro will be a perfect ending to a day visiting two of our Don’t forget to sign up in advance for this quick-selling event!
nation’s most prestigious landmarks. (Tickets required - $85 each; transportation provided) (Tickets required - $20 each)
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Program Schedule
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Friday, April 9 III. The Use of Opinion of Counsel as Evidence in Patent Litigation
Until recently, accused patent infringers had an affirmative duty of care to
8:00 am – 5:00 pm Registration and Check-in
determine whether they were infringing a patent and to obtain opinion of counsel.
8:30 – 10:00 am T HREE CONCURRENT SES SIONS This affirmative duty was eliminated by the Federal Circuit in Seagate. But recently,
in Broadcom v. Qualcomm, the Federal Circuit stated that a jury could consider
I. Litigating Validity: Obviousness and Collateral Challenges whether the defendant obtained the advice of counsel as evidence of intent as to
induced infringement. The program will explore these issues in detail.
Following the Supreme Court’s decision in KSR, many were of the view that
the standard for obviousness had changed so dramatically that very few patents Moderator: Bradley C. Wright, Banner & Witcoff, Ltd., Washington, D.C.
would survive a validity challenge on this basis. By the same token, following Speakers: Clinton Hallman, Chief Patent Counsel, Kraft Foods Inc., Northfield, IL
the USPTO’s amendment to the reexamination statute to include inter partes Michael Kiklis, Akin Gump Strauss Hauer & Feld LLP, Washington, D.C.
reexaminations, many believed that they had their first real weapon to collaterally David L. Marcus, Chief Patent Counsel, Comcast Corp., Philadelphia, PA
challenge the validity of a patent. The panel will discuss litigating validity Charles Shifley, Banner & Witcoff, Ltd., Chicago, IL
post-KSR and the pros and cons of using reexamination to collaterally attack
a patent’s validity. 10:15 – 11:45 am T HREE CONCURRENT SES SIONS
Moderator: Paul Morico, Baker Botts, Houston, TX I. Navigating Inter Partes Reexamination
Speakers: Paul Bondor, Kirkland & Ellis LLP, New York, NY (invited)
David Lender, Weil Gotshal & Manges, New York, NY Reexamination, particularly inter partes reexamination, has become a hot topic
Amy Wigmore, WilmerHale, Washington, D.C. on account of the rapidly rising number of requests for reexamination filed in
the U.S. Patent and Trademark Office. This program will explore the issues
II. Insurance Challenges: What Every Intellectual Property Lawyer and challenges presented by inter partes reexamination proceedings from
Should Know About Legal Malpractice Insurance, Litigation, the perspective of USPTO officials charged with making the system work and
Sanctions, and Ethical Violations from the perspective of practitioners. Among the topics to be discussed are
substantive issues, procedures and pendency, both under current law and under
Most lawyers are aware they should implement best practices for risk
the proposed patent reform legislation. Included will be a Q & A session with our
management. Even so, many IP practitioners lack malpractice insurance,
panel of speakers.
have inadequate malpractice insurance, or do not precisely understand when
malpractice insurance exclusions apply, notwithstanding ethical requirements Moderator: Thomas J. Wallen, Thomas J. Wallen, P.E., Attorney at Law, L.L.C.,
in all states with regard to insurance. IP lawyers who are sanctioned in litigation Fredericksburg, VA
become likely targets for malpractice claims. Our expert panel will speculate Speakers: Hon. Michael R. Fleming, Chief Administrative Patent Judge, Board
about this and other potentially catastrophic scenarios, explain what coverage IP of Patent Appeals and Interferences, U.S. Patent and Trademark Office, Alexandria, VA
lawyers need and how to get it, and clarify what behaviors, including crimes and (invited)
trigger exclusions. We will specifically educate lawyers about the possibility of Herb Hart, McAndrews Held & Malloy Ltd., Chicago, IL
multi-state and USPTO Office of Enrollment and Discipline ethics violations and Gregory Morse, Director, Central Reexamination Unit, U.S. Patent and Trademark
educate lawyers about loss prevention. Office, Alexandria, VA (invited)
Moderator: Barbara J. Gislason, Law Office of Barbara J. Gislason, Minneapolis, MN Eugene Rzucidlo, Hershkovitz & Associates, Alexandria, VA
Speakers: Scott B. Garner, Howrey LLP, Irvine, CA
David Ross Rosenfeld, David Ross Rosenfeld, P.C., Alexandria, VA
Sean SeLegue, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, CA
Thomas J. Wallen, Thomas J. Wallen, P.C., Fredericksburg, VA
II. Taking & Defending Depositions in Trademark Cases 1:45 – 3:15 pm T HREE CONCURRENT SES SIONS
During this hands-on, interactive session, the moderator and the speakers will I. The Future of Distribution of Entertainment Content
re-enact a deposition taken during the course of a trademark case. Audience
members will have the opportunity to rule on the actions taken by deposing and The distribution of content is an essential aspect of the entertainment business.
defense counsel. The presentation will provide participants with take-away tips The incredible advance in technologies in the Internet and other more convenient
and recommended practices for taking and defending depositions in trademark and individualized means of distributing entertainment content to consumers
cases. present many challenges to IP practitioners, especially where the law has not
caught up with such technologies. This panel will discuss and explain these new
Moderator: Jonathan Hudis, Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P., types of technologies available for entertainment content and their impact from
Alexandria, VA various business and legal standpoints. Attendees will learn about the latest
Speakers: Richard S. Mandel, Cowan, Liebowitz & Latman, P.C., New York, NY trends and business thinking regarding these methods of distribution – as they
Robert S. (Rob) Weisbein, Foley & Lardner LLP, New York, NY fast become the new standard of business in this field.
III. Getting Out of the Hot Seat: Mediation and Other Mechanisms for Co-sponsored by
Early Termination of Section 337 Investigations the ABA Forum on the Entertainment and Sports Industries
Speakers: Gary R. Greenstein, Wilson Sonsini Goodrich & Rosati, Washington, D.C.
A substantial percentage of Section 337 Investigations are terminated early by
the participating entities. This program will discuss the various mechanisms Other speakers TBD
companies have used, and/or may use in the future, for early termination of II. The Net Neutrality Debate: An IP Perspective
Section 337 Investigations. The potential methods for early termination include
utilization of the ITC’s Mediation Program, which was introduced in 2008, and Spurred by President Obama’s campaign promise to preserve “net neutrality,”
other alternative dispute resolution methods. Further, the statute and regulations debates are ongoing in Congress and before the Federal Trade Commission over
provide for early termination of Section 337 investigations through Settlement whether regulations are necessary to protect the Internet, and if so what form
Agreements or Consent Orders. This program will discuss the intricacies, benefits, those regulations should take. Join our team of experts as they share various
and differences of these various early termination mechanisms, including lessons perspectives on the issues, and learn how intellectual property concerns factor
learned with respect to contents of motions/stipulations, terms of agreements and into the debate.
orders, and enforcement implications. Moderator: Howard P. Walthall, Jr., Burr & Forman LLP, Birmingham, AL
Moderator: Juliana M. Cofrancesco, Howrey LLP, Washington, D.C. Speakers: Chris Castle, Christian L. Castle, Attorneys, Los Angeles &
Speakers: Shara L. Aranoff, Chairman, U.S. International Trade Commission, San Francisco, CA
Washington, D.C. Markham Erickson, Holch & Erickson LLP, Washington, D.C.
Hon. Charles E. Bullock, Administrative Judge, U.S. International Trade Commission, Jennifer Granick, Civil Liberties Director, Electronic Frontier Foundation,
Washington, D.C. San Francisco, CA
Hon. Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Randy Milch, General Counsel, Verizon Communications, Basking Ridge, NJ
Commission, Washington, D.C.
Harrie Samaras, ADR & Law Office of Harrie Samaras, Westchester, PA III. Patent and Trademark Prosecution Ethics:
In-house Counsel (TBD) Shifting Sands or New Directions? (Ethics credit available)
Inequitable conduct has been described as a plague on the patent system. In
12:00 – 1:30 pm LUNCHEON Tickets required recent opinions, the Federal Circuit may be seen as attempting to give guidance
but the arrows all point in different directions. This year, in In re Bose, the Federal
Guest Speaker Circuit held that “a trademark is obtained fraudulently...if the applicant or registrant
Sarah T. Harris, Vice President & Chief IP Counsel, AOL LLC knowingly makes a false, material representation with the intent to deceive the
USPTO.” This decision overturned the Medinol “should have known” test for fraud.
Ms. Harris will address the group on the convergence of competing
Bose is already being discussed for its implication in patent law. For patents, other
interests.
issues such as the standards for materiality of information and intent to deceive
Friday’s Luncheon the USPTO are also unsettled. This panel will address the need to sort out recent
Sponsored by decisions, consider unanswered questions for both patent and trademark practice
and provide advice on avoiding fraud allegations.
Moderator: Jeffrey A. Lindeman, J.A. Lindeman & Co. PLLC, McLean, VA
Special Tuition Assistance
Speakers: Christina D. Frangiosa, Panitch, Schwarze, Belisario & Nadel LLP,
A limited number of registration fee reductions are available for government employees, academics, law Philadelphia, PA
students, and public interest lawyers employed with nonprofit organizations. No full tuition waivers are available. Janet S. Hendrickson, Senniger Powers, St. Louis, MO
The fee-reductions will be determined on a one-time only, case-by-case, first-come first-serve basis. To apply,
send a letter outlining the basis for your request of a fee reduction to Mike Winkler, Section Director, ABA Patent Trademark Entertainment/Sports Science/
Section of Intellectual Property Law, 321 N. Clark St., Chicago, IL 60654. Deadline for receipt: March 23, 2010. Copyright Ethics Corporate Counsel Technology
No cases will be considered after the deadline, and all standard registration fee rates will apply after March 23.
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Program Schedule
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3:30 – 5:00 pm FOUR CONCURRENT SES SIONS III. Anatomy of an Infringement Claim: Analyzing and Responding
to a Letter Asserting Trademark or Patent Infringement
I. IP Issues in Entertainment Industry Transactions
Rather than as a lecture-style program, this session will be conducted as an
IP issues are an integral part of most entertainment industry transactions. interactive workshop. The group will formulate a strategy for advising a client and
This panel will discuss the common IP issues that affect entertainment industry responding to claims of trademark and patent infringement, based on an evolving
transactions, with a particular emphasis on agreements for the creation and fact pattern. The trademark infringement claim concerns a conflict between
licensing of content and mergers and acquisitions in the entertainment area, a federal registration and common law rights in trademarks and trade names,
including IP due diligence. Issues relating to different areas of the entertainment and the territoriality of marks, while the patent problem concerns infringement
industry, including music, film, television and literary publishing will also be of claims directed to a software package. The session will explore substantive
addressed. and procedural issues including defenses, litigation strategies, and ethical issues
Co-sponsored by as they arise. It will also examine certain aspects of a claim from the claimant’s
the ABA Forum on the Entertainment and Sports Industries perspective. Everyone’s participation will be encouraged.
Speakers: Kenneth M. Kaufman, Manatt, Phelps & Phillips, LLP, Washington, D.C. Speaker: Joel Miller, West Orange, NJ
Kirk T. Schroder, Schroder, Fidlow & Titley, PLC, Richmond, VA IV. Patent Practice Perspectives: Addressing Client
II. Patent Licensing for Standards: How the Deal is Done and Subject Matter Conflicts (Ethics credit available)
Patent holders that participate in standards setting activities often commit to In addition to the “normal” client conflict issues, firms with patent practices,
offer patent licenses under patent rights that are essential to the standard being particularly those with patent prosecution practices, must also navigate subject
developed on reasonable and non-discriminatory (RAND) terms and conditions. matter conflicts. Subject matter conflicts are those relating to the invention’s area
Such RAND terms and conditions are increasingly the focus of lawsuits, of technology. The question then is how to assess and address these two types
government agency enforcement actions, proposed regulations and legislation of conflicts. This panel discussion will look at the issues raised by both client
worldwide. The proposed program will discuss how such licenses are actually conflicts and consider policies and procedures to address them.
negotiated and structured between patentees and licensees. Specifically the Moderator: Jeffrey A. Lindeman, J.A. Lindeman & Co. PLLC, McLean, VA
panel will describe the inclusion of such patent licenses in broader portfolio Speakers: Speakers TBD
licenses, cross-licenses and other technology and services agreements. The
panel will explore the unique trade offs specific patentees and licensees may 5:30 – 6:30 pm Corporate Counsel Reception
make among various interdependent terms and conditions often included in such
agreements. This intimate reception is a valuable opportunity for corporate counsel to network
and discuss issues unique to your positions. All conference attendees are
Co-sponsored by
welcome to attend this complimentary event.
the ABA Section of Science & Technology Law
Moderator: Pamela Deese, Arent Fox LLP, Washington, D.C. 25th Anniversary Gala Dinner
Speakers: Lawrence J. Bassuk, Deputy General Patent Counsel, Texas Instruments (Tickets required - $125 individual; $1,600 reserved table of 10)
Incorporated, Dallas, TX (invited)
In honor of the 25th Annual Intellectual Property Law Conference,
Michele Herman, Woodcock Washburn LLP, Seattle, WA
the Section is delighted to host a special Gala Dinner at the Marriott:
Albert Shuldiner, Senior VP and General Counsel, iBiquity Digital Corporation, cocktail reception, followed by dinner, live entertainment and dancing.
Columbia, MD
Individual tickets or reserved tables must be purchased separately from the
conference registration. Registration for the conference is not a pre-requisite.
See the registration form or the Section website to purchase tickets.
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Program Schedule Planning Committee
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ABA-IPL would
Saturday, April 10 like to thank Planning Committee Chair:
8:30 – 11:45 am Hot Topics in Copyright, Trademark and Patent Law the Planning
Kim R. Jessum, Stradley, Ronon, Stevens & Young, LLP, Philadelphia, PA
8:30 – 10:00 am Session 1: Committee of
Mock Preliminary Injunction Hearing the 25th Annual
Planning Committee Members:
We have all had the emergency call from the client who wants to immediately stop Intellectual
Amy J. Benjamin, Benjamin Law, P.C., New York, NY
someone’s activity. Come and watch a live mock preliminary injunction hearing in Property Law
a trademark infringement case argued before a federal judge. Through argument, Conference.
direct and cross examination of live witnesses, the trademark owner will try to Rodney K. Caldwell, Howrey LLP, Houston, TX
convince the court to issue an injunction. At the same time, the defendant will
offer a tough defense and its own witness as to why the PI should not issue.
And just like in real life (or at least on T.V. law), the federal judge will issue an Manette Dennis, Ostrager, Chong, Flaherty & Broitman P.C., New York, NY
immediate decision.
Speakers: Barry L. Cohen, Thorp Reed & Armstrong, LLP, Philadelphia, PA Jonathan Hudis, Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P., Alexandria, VA
M. Kelly Tillery, Pepper Hamilton, LLP, Philadelphia, PA
Federal Judge TBD
Larisa Lacis, NeoPharm, Inc., Lake Bluff, IL
10:15 – 11:45 am Session 2:
Strategic Forum Selection in Patent Litigation
Jeffrey A. Lindeman, J.A. Lindeman & Co. PLLC, McLean, VA
Forum selection and venue transfer continue to be key aspects of patent litigation
strategy. This panel will provide an overview of the core law applicable to a variety
of strategic forum selection considerations, including the effect of local patent Jeffrey Morgan, Troutman Sanders LLP, Atlanta, GA
rules in choosing a forum, motions to transfer venue and discussions of trends in
popular district courts deciding transfer motions, motions to stay or adjust case
David Postolski, Cantor Fitzgerald, New York, NY
schedules in light of reexamination requests to the USPTO, resolving motions
to dismiss in light of Ashcroft v. Iqbal and similar case law, motions to sever
defendants in multi-party patent litigation, and or requests to the Judicial Panel on Kirk Schroder, Schroder, Fidlow & Titley, PLC, Richmond, VA
Multidistrict Litigation.
Moderator: Yar R. Chaikovsky, Sonnenschein Nath & Rosenthal, Palo Alto, CA
Katherine Spelman, Cobalt LLP, Berkeley, CA
Speakers: Eric Lamison, Kirkland & Ellis LLP, San Francisco, CA
Federal Judge TBD
Donna P. Suchy, Eastman Kodak, Rochester, NY
11:45 – 1:00 pm Conference Networking Buffet Luncheon Tickets required
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Registration and Meeting Information
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Tuition includes admission to the program, Onsite Registration CLE Credit Location and Lodging
beverage breaks, receptions, and one set of Registration and check-in will be available CLE accreditation will be requested for this The 25th Annual Intellectual Property Law
program materials on DVD. onsite from 11:00 am – 7:30 pm Wednesday, Conference from every state with mandatory Conference will be held at the Crystal Gateway
April 7. All registrants are invited to check continuing education requirements for lawyers. Marriott Hotel, 1700 Jefferson Davis Highway,
Early Registration in early and avoid the Thursday morning Please be aware that each state has its own Arlington, Virginia. The ABA group rate is
rush. In addition to early check-in, there rules and regulations, including its definition $208.00 single/double occupancy. All rooms
Register online at www.abanet.org/intelprop/
will be a special welcome reception with of “CLE.” Check with your state agency are subject to a 9.75% Virginia State Sales Tax.
spring2010, or complete the form in the
“virtual” activities presented by the Section for confirmation of this program’s approval. Go to the Section website at www.abanet.org/
brochure and mail to: 25th Annual Intellectual
of Intellectual Property Law’s Young Lawyers Attendees requesting credit for the program intelprop/spring2010 to locate the link to
Property Law Conference, Section of Intellectual
Committee. All registrants are invited to must sign the attendance roster onsite at the book online. Or, call the hotel directly at
Property Law, American Bar Association,
participate. program. New York attorneys must sign in (800) 266-9432. Be sure to mention the
321 N. Clark St., Chicago, IL 60654. If paying
Onsite registration will also be available and sign out each time they enter or leave the ABA 2010 Annual Intellectual Property Law
by credit card, you may also fax your form
beginning at 7:30 am Thursday, April 8. A busy program room, and complete the special New Conference to receive the special group rate.
to (312) 988-6800. Attendees are strongly
morning registration rush is anticipated, so York certificate of attendance at the end of the Note: The cutoff date for the room block is
encouraged to use the online registration service.
check-in on Wednesday, April 7 is encouraged. program and have it signed by ABA authorized Monday, March 15, 2010. Do not wait until the
The deadline for receipt of early registration, personnel.
Onsite registrations will be accepted only March 15 cutoff date as the room block and
at the early registration rate, is March 23,
when accompanied by a credit card (Visa, You may contact the ABA Service Center the hotel fill up quickly. After this date,
2010. Registration will only be accepted when
MasterCard or American Express only), check, toll free at (800) 285-2221 or the program reservations can be made on a space available
accompanied by a credit card number (Visa,
money order, or government purchase order coordinator at (312) 988-6268 within two weeks basis only. The ABA will not be able to secure
MasterCard or American Express only). Checks,
or training form. Late registration fees will be in of the start of the program for confirmation of a room for you.
money orders, or government purchase orders or
effect for onsite registrations. the number of CLE credit hours requested by Please note the Crystal Gateway Marriott Hotel,
training forms may also be used when submitting
the ABA or credit approved by any particular as are all Marriott properties, is a completely
a printed copy of the registration form via mail. Registration Confirmation
state. non-smoking facility. For our guests who
No registration can be held without payment. Confirmation of registration will be sent via
Course Materials available on DVD choose to smoke, there are a number of nearby
Please note that registration for the 25th e-mail in advance of the program for all
Course materials are produced in DVD alternative hotels. You may find these through
Anniversary Gala Dinner is separate from registrations received prior to March 23. If
format and made available for pickup at the the ABA Online Travel site (see below).
the conference registration, but can also be using the printed registration form, indicate
done online at www.abanet.org/intelprop/ on the registration form if you would prefer to conference. A limited number of printed course Transportation
spring2010 immediately underneath the receive confirmation via fax or U.S. mail. material sets will be available for an additional You are encouraged to make your airline
conference registration link, or through the form fee to those who request this in advance on the reservations on the ABA Online Travel site where
Cancellation Policy
in the brochure. registration form. Materials will also be posted you automatically receive ABA airfare discounts
Registrants who are unable to attend the on the Section website, available for viewing from a variety of carriers.
conference will receive a refund less a $100 by conference registrants in advance of the
administrative fee if a written cancellation is Access the ABA provider, Orbitz for Business,
conference.
received by March 23, 2010. Cancellation at www.abanet.org/travel or the Orbitz toll free
requests should be faxed to (312) 988-6800. number (877) 222-4185.
(The administrative fee for cancellation is $50
for Corporate Counsel, Law Student, and
Government and Public Sector fee categories.)
No refunds will be granted after March 23,
2010. Vouchers for future programs will not be
provided. Proxy substitutions are acceptable.
The ABA reserves the right to cancel any
program and assumes no responsibility for
personal expenses.
20 21
Special Thanks To Our Sponsors
22
Conference Registration Form
Registrant Information
Advance Registration Deadline: March 23, 2010
Name
❍ Yes, please register me for the 25th Annual Intellectual Property Law Conference.
❍ No, I cannot attend this conference. Please send me the course materials on DVD available after Organization
the conference at the price of $75, which includes postage and handling. Payment must accompany
this form (please allow 4-6 weeks from date of conference for receipt of course materials). Address
Register before March 23 to receive the special discount early registration rate. Daytime phone number Fax number
Before 3/23 After 3/23
E-Mail
ABA-IPL Section Member $595 $645
ABA Section of Science & Technology Law Member $595 $645
ABA Forum on the Entertainment and Sports Industries $595 $645 _____ _____ _____ _____ _____ _____ _____ _____
ABA, but not IPL or co-sponsoring section member $665 $715
ABA ID Number [8 digits]
(registration includes a one-year ABA-IPL Section membership)
General Attendees (not ABA member) $745 $795
Government, Public Interest, Academic $245 $295 States registered to practice in: State Bar ID number:
Corporate Counsel $245 $295 __________________________ _____________________
Law Student $195 $245
__________________________ _____________________
ORGANIZATION
AMERICAN BAR
ASSOCIATION
U.S. POSTAGE
NONPROFIT
2010 ABA Annual Meeting
with special ABA-IPL Section
PAID
programs and events
Section receptions
What IP Lawyers
Need To Know
Arlington, VA
InterContinental San Francisco
August 5 - 8, 2010
www.abanet.org/intelprop/spring2010
to register online.
Advance registration deadline:
March 23, 2010
Register early to receive the
discounted registration rate.
Visit the Section website at
PROPERTY LAW
San Francisco, CA
CONFERENCE
321 North Clark Street
INTELLECTUAL
For complete information:
ANNUAL
Chicago, IL 60654
www.abanet.org/intelprop
25th