Patents, copyrights, trademarks and privacy to be among featured topics at IP law conference

The impact of recent U.S. Supreme Court cases on patent litigation, trademark and false advertising jury trials, ethics and how to secure client data, and strategies for copyright and trademark infringement and other issue on the Internet are among the topics that will be explored during the American Bar Association's 30th Annual Intellectual Property Law Conference on March 25-27 in Bethesda, Md.

The three-day conference will feature two keynote speakers:

- Jamie Gorelick, partner with WilmerHale in Washington, D.C., former U.S. deputy attorney general, and former 9/11 Commission member.

- Michelle McKenna-Doyle, senior vice-president and chief information officer for the National Football League.

Program highlights include:

The Odd Couple Rights of Publicity and Social Media: Social media has added an enormous layer of complexity to the application of right-of-publicity law. In this program, panelists will discuss litigation strategies regarding rights of publicity vs. copyright vs. the Lanham Act and the interrelationship between courts of law and TMZ and CDA and Copyright Act preemption. Moderator Alyssa Reiner of the Smithsonian Institution will be joined on the panel by speakers Dale Cendali of Kirkland & Ellis LLP in New York and Cydney A. Tune of Pillsbury Winthrop Shaw Pittman LLP in San Francisco.

Does Alice Really Know What's Patentable?: In June of last year, the U.S. Supreme Court unanimously decided the case of Alice Corporation vs. CLS Bank International, holding claims to methods and computer implemented systems ineligible for patenting by reason of being claims to patenting of abstract ideas. This case along with two other recent unanimous Supreme Court decisions that similarly narrowed the scope of patent eligibility have created considerable concern in the patent and innovation development communities. In this program, expert patent attorneys and representatives from the United States Patent and Trademark Office will examine the effects of the Alice decision, including its impact on PTO rejection rates, rates of filing of patent applications, and loss of Office operating funds due to reduced applications and grants. Richard M. Marsh, Jr. of Faegre Baker Daniels LLP in Denver, will moderate a panel that includes Chief Judge James Donald Smith, PTAB, U.S. Patent and Trademark Office; Health W. Hoglund of Dolby Laboratories, Inc. in San Francisco; and Gene Quinn of Zies Widerman & Malek, Melbourne, Fla.

Is the Patent Sky Falling? A Candid Review of Recent Supreme Court Decisions and Their Impact on US Patent Litigation: In 2014, the Supreme Court rendered decisions in a record seven patent cases. With issues ranging from the standards for awarding attorney's fees to the test for patent eligibility, there are many who feel the high court's decisions have unfairly weakened patent rights. But is the patent sky really falling? This program seeks to answer this question by examining how the district courts and federal circuit have interpreted those opinions. Among the panelists are moderator Jonathan A. Muenkel, Torrey Pines Law Group, San Diego; and the Hon. Paul R. Michel, former Chief Judge (ret.) U.S. Court of Appeals for the Federal Circuit, Silver Spring, Md.

What's Copyrightable/ What's Not - An Examination of the Evolving Standards: Experts will explore borderline areas that range from entertainment to works of art, including actor performances, stage/film directions, software/code, graphic works, jewelry, conceptual art, and sound recordings. Panelists - including moderator Nancy Wolff, of Cowan, DeBaets, Abrahams & Sheppard LLP in New York, and Marybeth Peters, of Oblon in Alexandria, Va. - will review and analyze recent cases on copyrightability within borderline areas.

Make It Stop! - Strategies For Dealing With Copyright and Trademark Infringement, and Other Related Issues on the Internet: Panelists - including Ian C. Ballon, of Greenberg Traurig LLP in East Palo Alto, Calif., and Christine J. Kao, of Twitter, Inc. San Francisco - will discuss practical strategies and steps to deal with copyright and trademark infringement, impersonation, reputation harm and related issues when it occurs on the Internet. Topics will include how to identify the infringer(s), find out who is responsible, and determine who to pursue; the policies and procedures of various sites such as Twitter, Facebook, and YouTube for content reporting and removals; take down procedures, cease and desist letters; and what may work best depending on the objectives of the client.

The Ethics of Securing Your Client Data-Locked Down: Lawyers have an ethical duty to be competent and keep client data confidential. In this program, moderator Marina A., of Finnegan, Henderson, Farabow, Garrett & Dunner LLP, Palo Alto, Calif., will lead panelists as they share stories of real life law firm breaches and disclose areas in need of protection.

Published: Thu, Mar 05, 2015