Intellectual Property

This presentation will cover recent developments in United States trademark and unfair competition law over the trailing twelve months. Highlights will include the following:

• the Supreme Court’s great muddying of the waters in Vidal v. Elster;
• applications of the Court’s decisions in Jack Daniel’s Props., Inc. v. VIP Prods. LLC, 599 U.S. 140 (2023), and Abitron Austria GmbH v. Hetronic Int’l, Inc., 600 U.S. 412 (2023);
• yet another accounting-of-profits dispute before the Court;
• strange goings-on in the Middle District of Pennsylvania; and
• the USPTO’s new fee schedule.

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Intellectual Property Network Community

Sponsored by: Kilpatrick Townsend

This session will provide strategic recommendations on protecting intellectual property by leveraging the combined benefits of trademark and patent rights, including trade dress and design patent protection. Our speakers will also address challenges associated with such combined protection and highlight common pitfalls to avoid.

Join the Conversation:

Intellectual Property Network Community

Sponsored by: 

In the last few months, there have been many developments at the PTAB. Join Justin Krieger for a discussion of some of these changes, including the Acting Director’s New Interim Guidance, which introduced a new bifurcated process that separates discretionary and merit considerations. We also will discuss the rescission of the Board’s Fintiv memo regarding discretionary denials based on co-pending litigation and several important new decisions relating to claim construction and PTAB estoppel. 

Join the Conversation:

Intellectual Property Network Community

Sponsored by: 

The courts and the Copyright Office are now reckoning with the implications of artificial intelligence and its impact on the modern business environment. This presentation will provide a guide to how copyright law may treat—and be informed by—the AI technologies that have captured the headlines and the world at large. We will review key developments in the case law and a road map of what is to come, consider lessons for businesses developing or utilizing AI tools, and explore the ways in which the existing copyright law framework in the U.S. is in many ways already well-situated to address this transformational technology.

Join the Conversation:

Intellectual Property Network Community

Sponsored by: 

Akil Hirani, Managing Partner of Majmudar & Partners, a leading law firm in India, will provide helpful tips and guidance on important points to keep in mind when it comes to hiring (and terminating) employees in India, enforcing non-competes, protecting IP rights, data privacy, compliance with India governance, anti-corruption rules, and whether e-signs work in India.

If you and your company are currently operating in India or have plans to establish an office/subsidiary/manufacturing facility in India, adding R & D talent and/or are developing IP/products usable in the Indian market, you need to understand the laws, requirements and local nuances of Indian law.

Please register below if you are interested in attending.  The Zoom address will be provided 24 hours in advance of the webinar.

Join us September 19, 2024 - All in-house counsel welcome!

All in-house counsel are invited to participate in up to 6 hours of virtual California CLE programming + lunch delivery across the U.S.!  Discover new and timely legal updates pertaining to all things Intellectual Property.

8:30AM - 9:30AM / WEIL, GOTSHAL & MANGES
Patent Litigation Settlement Agreements:  How to Get the Best Deal For Your Company 

This session will discuss patent litigation settlement agreements from the perspective of the patent owners and the accused parties. Our panelists bring years of experience from the transactional, patent litigation and technology perspectives, and will cover special considerations associated with patent settlements, including key aspects of patent licenses, areas of negotiation, and common mistakes to avoid.

SPEAKERS:
Anne Cappella, Partner, Weil, Gotshal & Manges 
Karen Ballack, Partner, Weil, Gotshal & Manges 
Sarita Venkat, VP & Deputy General Counsel, Global Litigation & Competition, Cisco Systems

9:45AM - 10:45AM / FINNEGAN
A Conversation with PTAB Judges on Recent Developments, Trends, and What to Expect from the PTAB Moving Forward

In the past year, the Patent Trial and Appeal Board (PTAB) has announced many new developments and rule changes that impact both petitioners and patent owners, and several other proposed legislative reforms may further impact PTAB practice. Moderator Arpita Bhattacharyya of Finnegan will present a recap of the latest developments, and explore topics with PTAB judges to better understand what to expect from the changes to the rules and procedures and how companies considering or facing patent invalidation proceedings at the PTAB can best leverage the changes and avoid major pitfalls.

In particular, the conversation will cover:

• Proposed rulemaking related to serial and parallel petitions
• Discretionary denials under Fintiv and Section 325(d)
• Director review and Delegated Rehearing Panel
• Important PTAB-related decisions by the Federal Circuit
• Legislative proposals impacting the PTAB

SPEAKERS:
Arpita Bhattacharyya, Ph.D., Partner, Finnegan 
Vice Chief Judge Michael Tierney, Patent Trial and Appeal Board
Acting Senior Lead Judge James Worth, Patent Trial and Appeal Board

11:00AM - NOON / FARELLA BRAUN + MARTEL
AI & Data Scraping: Copyrights, Contracts & Other Legal Risks

Almost all companies collect data from online sources (known as “scraping”) for some purpose—competitive intelligence, pricing analysis, or more recently, to gather the data that helps build cutting edge AI tools. The boom in AI has altered the legal landscape that applies to data scraping, making an already murky area even more complex. To help navigate this new and changing terrain, join us for a comprehensive exploration of how to successfully manage copyright, contracts, and other legal risks associated with the wild wild west of data scraping, including the latest developments in AI and non-AI scraping legal battles and where the law is coming down in this challenging landscape.

SPEAKERS:
Alex Reese, Partner, Farella Braun + Martel
Janel Thamkul, Deputy General Counsel, Anthropic

NOON Lunch Delivery

12:30PM - 1:30PM / KEKER, VAN NEST & PETERS
Federal Circuit Year in Review

Keker, Van Nest & Peters’ Federal Circuit Year in Review program will delve into notable Federal Circuit cases from the past year, providing critical analysis and practical takeaways on, among other things:

• Standards for obviousness in design patents
• Clarifying the scope of obviousness-type double patenting
• The developing law around “skinny labels” for generic pharmaceuticals
• The admissibility of certain theories of damages
• The scope of domestic industry in the ITC under section 337
• Issues that are currently pending before the court and significant cases to watch.

SPEAKERS:
Gene Paige, Partner, Keker, Van Nest & Peters
Kristen Lovin, Of Counsel, Keker, Van Nest & Peters
Isaac Peterson, Director, IP & Litigation (former Netflix, former Cruise)

1:45PM - 2:45PM / WILSON SONSINI
Thorny IP Issues That Can Potentially Derail M&A Deals:  
How to Timely Identify Them, What To Do If They Arise, and How To Keep Your C-Suite Happy In the Process

As an IP specialist, the last thing you want is for an ugly IP issue to potentially stall or kill a crucial acquisition, divestiture, or investment. This experienced panel will identify some of the more challenging IP issues that a company may face during a merger, acquisition, divestiture, or other transactions and share how best to resolve them so that these issues do not cripple a company's overall M&A objective. Topics to be covered include:

• Identifying IP license provisions that threaten to kill deals.
• Performing diligence in constantly changing legal landscapes, e.g., identifying IP chain of title issues domestically and internationally.
• Managing attorney-client privilege and waiver when selling a business unit.
• Risk mitigation strategies including remediation, deal structure, escrows, indemnification, and insurance.
• Communicating IP risks to stakeholders, including the company’s executives and board.

The panel will not only discuss theoretical perspectives, but provide practical examples to evaluate and navigate IP issues, opportunities, and complexities for strategic decision-making. We invite you to join this session to elevate your M&A strategy with a deep understanding of the pivotal role IP issues play in shaping successful M&A transactions.

SPEAKERS:
Ryan Smith, Partner, Wilson Sonsini
John McGaraghan, Partner, Wilson Sonsini
Michael Guo, Director, IP, Salesforce

3:00PM - 4:00PM / MORRISON FOERSTER
Stop Thief! Protecting Your Trade Secrets in the Global Economy

In our increasingly interconnected world where IP and your most sensitive trade secrets can easily be taken and transported across borders, protecting your IP and trade secrets from theft overseas has become more critical and challenging than ever before. This esteemed panel of professionals will delve into the various options available to protect your IP and trade secrets from theft abroad. The discussion will cover the civil remedies available in US courts, taking action before the International Trade Commission (ITC), and the unique role that the federal government can play in these situations.

SPEAKERS:
Kenneth Kuwayti, Partner, Morrison Foerster
Mary Prendergast, Partner, Morrison Foerster 
Casey Boome, Disruptive Technology Strike Force Coordinator, Department of Justice
Evangelina Almirantearena, Vice President, Associate General Counsel, Antitrust and Litigation, Intel Corporation

The assets of your organization are key to the function of the business, and it is the role of in-house counsel to keep them safe. This session will examine the different types of intellectual property, the steps necessary to protect them, and how to prevent and remedy the misappropriation of them. From copyright to nondisclosure agreements, from state to global jurisdictions, learn the ins and outs of addressing key IP risks in-house counsel should watch out for.

Join us for a discussion of key cases from the United States Supreme Court's term and their implications for in-house counsel. We will review recent decisions involving regulation, employment law, intellectual property, and commercial litigation. Get practical advice to help your organization stay compliant and manage risks.

Please join Knobbe Martens and ACC Southern California for this year’s Doubleheader® event. Following the CLE presentations covering diverse hot topics, guests can enjoy a “Summer Soiree” cocktail reception, live music, and dinner.

3:30 pm – 4:00 pm: Check-in
4:00 pm – 4:45 pm: False Advertising: A Hidden Trap
4:45 pm – 5:30 pm: IP: A Shield and Sword
5:30 pm – 6:15 pm: Cocktail Reception & Live Music
6:15 pm – 8:00 pm: Dinner