Library: 2020 Annual Meeting
In This Section
Trademark/Right of Publicity:The Collision Between the First Amendment and Trademark Law; The Evolving Circuit Split on the Use of Marks in Creative Works. Is the 2nd Circuit’s seminal Rogers v. Grimaldi the best test? A deep dive on competing tests, with an emphasis on the parties’ burdens under Rogers.
October 22nd, 2020
2020 Annual Meeting
(1) Balancing Persona-Based Rights, the First Amendment and Trademark Law; I Didn’t Endorse That! The differences between claims for false endorsement under ß43(a) of the Lanham Act and under state right of publicity statutes and common law; (2) Your Right to Say It Stops at My Mark: The complicated relationship between the First Amendment and the likelihood-of-confusion test for infringement; (3) So Many States, So Many Remedies: A comparison of the many state’s nationwide injunctions and the possible need for a federal right-of-publicity statute; and (4) Register ‘Em if You Got ‘Em: Protection and Enforcement of Marks in the Cannabis Industry.
- Moderator — Jennifer A. Van Kirk, Lewis Roca Rothgerber Christie, Phoenix, AZ
- Your Right to Say It Stops at My Mark: The complicated relationship between the First Amendment and the likelihood-of-confusion test for infringement — Lauren Emerson, Leason Ellis, White Plains, NY
- Balancing Persona-Based Rights, the First Amendment and Trademark Law; I Didn’t Endorse That! The differences between claims for false endorsement under ß43(a) of the Lanham Act and under state right of publicity statutes and common law — Paul Safier, Ballard Spahr, LLP, Philadelphia, PA
- So Many States, So Many Remedies: A comparison of the many state’s nationwide injunctions and the possible need for a federal right-of-publicity statute — Nicole Berkowitz, Baker Donelson Bearman Caldwell & Berkowitz, PC, Memphis, TN
- Register ‘Em if You Got ‘Em: Protection and Enforcement of Marks in the Cannabis Industry — Alison Malsbury, Harris Bricken, San Francisco, CA
PATENT PROSECUTION: Whither Eligibility, The One True Specification; Prosecution Tips Before the USPTO
October 22nd, 2020
2020 Annual Meeting
(1) Whither Eligibility? An Update on the Latest News on Cases, USPTO Initiatives and Legislative Efforts; (2) The One True Specification: A Doable Thing or an Illusory Goal? The EU, China and Japan Give Their Thoughts; and (3) Prosecution Tips and Tricks: Emerging Techniques for Efficient Results and A dded Value.
- Moderator — Gauri M. Dhavan, Zoll Medical Corp., Chelmsford, MA
- Whither Eligibility? An Update on the Latest News on Cases, USPTO Initiatives and Legislative Efforts — Michael S. Borella, McDonnell Boehnen Hulbert & Berghoff, LLP, Chicago, IL
- The One True Specification: A Doable Thing or an Illusory Goal? The EU, China and Japan Give Their Thoughts — Suzannah Sundby, Canady + Lortz, Washington, DC
- Prosecution Tips and Tricks: Emerging Techniques for Efficient Results and A dded Value — Jameson Ma, Bookoff McAndrews, Washington, DC
Virtual Annual Meeting Kick-Off - A Conversation with USPTO Director Iancu
October 22nd, 2020
2020 Annual Meeting
Join AIPLA President Barbara Fiacco for a conversation with the Honorable Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO as we welcome attendees to the first ever AIPLA Virtual Annual Meeting.
- Moderator — Barbara A. Fiacco, AIPLA President, Foley Hoag, Boston, MA
- Opening Keynote Speaker — Hon. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO
Year In Review: Trademark, Trade Secret, Patent, Copyright, Design Rights
October 23rd, 2020
2020 Annual Meeting
(1) Trademark; (2) Moderator; (3) Trade Secret; (4) Patent; (5) Copyright; and (6) Design Rights.
- Moderator — Erin Ogden, Ogden Glazer & Schaefer, Madison, WI
- Trademark — Garfield Goodrum, Garfield Goodrum Design Law, Hanover, NH
- Trade Secret — Russell Beck, Beck Reed Riden, LLP, Boston, MA
- Patent — Roy Issac, Allergan, Madison, NJ
- Copyright — Mary Mazzelo, Kirkland & Ellis, LLP, New York, NY
- Design Rights — Justin DeAngelis, Quarles & Brady, LLP, Chicago, IL
BRIC Border Battles - What you Need to Know About Customs Enforcement in BRIC Jurisdictions
October 26th, 2020
2020 Annual Meeting
(1) Brazil; (2) India; (3) China; (4) Russia; and (5) USA.
- Moderator — Michael Chu, International Computer Hacking & Intellectual Property, Attorney Advisor for Internet Fraud and Public Health, US Department of Justice, Washington, DC
- Brazil — Barbara Angela Leitao, Di Blasi, Parente & Advogados, Sao Paulo, Brazil
- Russia — Mayya Pak, PETOSEVIC, Moscow, Russia
- India — Pankaj Soni, Remfry & Sagar, Haryana, India
- China — Toby Mak, Tee & Howe, Beijing, China
- USA — Lori S. Meddings, Quarles & Brady, LLP, Madison, WI
Prescription Drug Importation, Legal Limits and Remedies
October 26th, 2020
2020 Annual Meeting
(1) FDA Perspective; (2) The Diminishing Reach of Patents in Controlling Drug Importation; and (3) ITC Perspective.
- Moderator — Alison Kessler, LifeSci Consulting, LLC.
- FDA Perspective — Sara Koblitz, Hyman Phelps & McNamara, Washington, DC
- The Diminishing Reach of Patents in Controlling Drug Importation — Craig Svoboda, Alvotech USA Inc., Arlington, VA
- ITC Perspective — Monisha Deka, US International Trade Commission, Washington, DC, Jennifer Dienes, US International Trade Commission, Washington, DC
The Latest Developments in Patent Damages: Standard, Design Patents & Extraterritoriality
October 26th, 2020
2020 Annual Meeting
(1) Standard Differences: What you need to know to get your SEP/FRAND patent damages case ready for trial; (2) Design Patent Damages: What you need to know to get your design patent damages case ready for trial; and (3) Damages Without Borders: Whether and how US patent damages can capture foreign sales/uses.
- Standard Differences: What you need to know to get your SEP/FRAND patent damages case ready for trial — Honorable Randall R. Rader (retired), The Rader Group, Alexandria, VA
- Design Patent Damages: What you need to know to get your design patent damages case ready for trial — Gregory Pinsonneault, LitiNomics, Inc., Walnut Creek, CA
- Damages Without Borders: Whether and how US patent damages can capture foreign sales/uses — Felicia Boyd, Norton Rose Fulbright, Minneapolis, MN
Titans of the IP Bar
October 26th, 2020
2020 Annual Meeting
One of the best things AIPLA does as an organization is bring people together to learn and share. It‘s at the core of our mission. We are bringing together stalwarts of IP Practice to share their stories about their careers and the experiences that have shaped them as an individual and as an IP professional. Their stories are sure to help so many IP practitioners around the world.
- Moderator — Vincent E. Garlock, Executive Director, AIPLA, Arlington, VA
- Speaker — Hon. Alan Lourie, US Court of Appeals for the Federal Circuit, Washington, DC, Margaret Boulware, AIPLA Past President, Boulware & Valoir, Houston, TX, Melvin C. Garner, AIPLA Past President, Leason Ellis, White Plains, NY
Luncheon Keynote: The Honorable Jimmie V. Reyna, US Court of Appeals for the Federal Circuit, Washington, DC
October 27th, 2020
2020 Annual Meeting
A Time of Promise and Hope [Luncheon Keynote Speech by The Honorable Jimmie V. Reyna, US Court of Appeals for the Federal Circuit].
- Moderator — Barbara A. Fiacco, AIPLA President, Foley Hoag, Boston, MA
- Keynote Speaker — Hon. Jimmie V. Reyna, US Court of Appeals for the Federal Circuit, Washington, DC
Perspectives on Diversity: Views on Trial Teams from the Bench, the Boardroom, and the Jury Box
October 27th, 2020
2020 Annual Meeting
Diversity/Elimination of Bias CLE Panel Discussion.
- Moderator — Tara Trask, Trask Consulting, Sausalito, CA
- Panel — Hon. Vanessa Gilmore, US District Judge, US District Court for the Southern District of Texas, Houston, TX, Patrice Jean, Hughes Hubbard, New York, NY, Laurie Charrington, Intel Corporation, Hillsboro, OR
Constitutional Issues Flowing from the Supreme Court’s Ruling in Arthrex on PTAB and TTAB Proceedings
October 28th, 2020
2020 Annual Meeting
(1) Appointments Clause; (2) Arthrex; (3) Larger Questions Raised by Arthrex; (4) Expansion of Arthrex; (5) Supreme Court Review; and (6) Potential Legislative Fix.
- Moderator — Matthew Rizzolo, Ropes & Gray, LLP, Washington, DC
- Speaker — Prof. Arti K. Rai, Duke School of Law, Durham, NC, Prof. Christopher Walker, The Ohio State University Mortiz College of Law, Columbus, OH
Copyright/ Right of Publicity
October 28th, 2020
2020 Annual Meeting
(1) Copyright Trolls or Just Opportunistic Litigants? The impact of mass-copyright enforcement campaigns like the Strike 3 porn and photoon-a-website “gotcha” cases are having on copyright law and procedure; (2) The Right of Publicity in the Modern Era: What you need to know about the right of publicity, including key differences in important states, the prospect for a federal solution, the interplay with copyright and other forms of IP—and the headaches it creates for product manufacturers and mass-marketers; (3) Fitting a Square Peg in a Round Hole? A look at whether traditional First Amendment, IP, and privacy doctrines involving creative works, expressive works and the transformative use test can or should be applied to the right of publicity; and (4) NCAA Likenesses, Deceased Celebrities and Digital Avatars: Areas of controversy and hot topics for industries at risk fire from right of publicity claims.
- Moderator — Justen Barks, Beard & Barks PLLC, Houston, TX
- Copyright Trolls or Just Opportunistic Litigants? The impact of mass-copyright enforcement campaigns like the Strike 3 porn and photoon-a-website “gotcha” cases are having on copyright law and procedure — Evan Gourvitz, Ropes & Gray, New York, NY
- The Right of Publicity in the Modern Era: What you need to know about the right of publicity, including key differences in important states, the prospect for a federal solution, the interplay with copyright and other forms of IP—and the headaches it creates for product manufacturers and mass-marketers — Michael Moore, Director of Intellectual Property & Assistant General Counsel, Mattel, Inc., El Segundo, CA
- Fitting a Square Peg in a Round Hole? A look at whether traditional First Amendment, IP, and privacy doctrines involving creative works, expressive works and the transformative use test can or should be applied to the right of publicity — Prof. Jennifer Rothman, Loyola Law School, Los Angeles, CA
- NCAA Likenesses, Deceased Celebrities and Digital Avatars: Areas of controversy and hot topics for industries at risk fire from right of publicity claims — Brian Wassom, Warner Norcross & Judd, LLP, Clinton Township, MI
International-It’s a Litigious World After All; Big Developments in Central and South America; Mastering Madrid Protocol
October 28th, 2020
2020 Annual Meeting
(1) Global Patent-Infringement Litigation Strategies for Plaintiffs and Defendants; (2) Big Developments in Central and South America: A deep dive on patent law changes in Latin America, including Mexico’s new IP law and Brazil’s strategies to reduce its backlog; and (3) Mastering the Madrid Protocol: Best practices for when to use it and when not to use it.
- Moderator — Laura Collada, Dumont, Mexico City, Mexico
- Global Patent-Infringement Litigation Strategies for Plaintiffs and Defendants — Penny Gilbert, Powell Gilbert, LLP, London, United Kingdom
- Big Developments in Central and South America: A deep dive on patent law changes in Latin America, including Mexico’s new IP law and Brazil’s strategies to reduce its backlog — Ricardo Boclin, ClarkeModet, Rio de Janeiro, Brazil
- Mastering the Madrid Protocol: Best practices for when to use it and when not to use it — Rosalyn Newsome, Barker Bretell, Birmingham, England
Trade Secrets/Patent
October 28th, 2020
2020 Annual Meeting
(1) To Patent or Not to Patent, that is the Question: When to protect inventions/processes as a trade secret or patent, and how that has changed since Alice; (2) Registering, Protecting and Insuring Trade Secrets; (3) Protecting Trade Secrets in Discovery and Open Court: Practical tips on how to keep your secrets safe throughout litigation from protective orders through jury trials; and (4) Show Me the Money! Valuing Your Trade Secrets Before and During Litigation: From Audits to Experts, a look at how to best monetize your trade secrets.
- Moderator — John Morrow, Womble Bond Dickinson, Winston-Salem, NC
- To Patent or Not to Patent, that is the Question: When to protect inventions/processes as a trade secret or patent, and how that has changed since Alice — Elizabeth Ferrill, Finnegan Henderson Farabow Garrett & Dunner, LLP, Washington, DC
- Registering, Protecting and Insuring Trade Secrets — James Gale, Cozen O’Connor, Miami, FL
- Protecting Trade Secrets in Discovery and Open Court: Practical tips on how to keep your secrets safe throughout litigation from protective orders through jury trials — Andrew Pratt, Venable, LLP, Washington, DC
- Show Me the Money! Valuing Your Trade Secrets Before and During Litigation: From Audits to Experts, a look at how to best monetize your trade secrets — Ryan Strom, Target Corporation, Minneapolis, MN
Professionalism, Ethics, and Leadership: Show Kindness to Yourself, Your Colleagues, and Your Opposition
October 28th, 2020
2020 Annual Meeting
A Joint Program of the Committee on the Profession and the Law Practice Management Committees.
- Moderator — Dahlia A. George, Office of Enrollment and Discipline, USPTO, Alexandria, VA
- Panel — Ariel Cudkowicz, Seyfarth Shaw, Boston, MA, Karen Morita, Foley Hoag, Boston, MA, Lauren Tapper, Kramer Levin Naftalis & Frankel, LLP, New York, NY, Courtney Wylie, Faegre Drinker Biddle & Reath, Los Angeles, CA
Diversity/Elimination of Bias - Your Bias is Showing; Diversity in AI; Lack of Diversity a Bigger Problem for IP In-House Practitioners; How to Recruit, Retain, and Win with a Diverse Legal Team
October 29th, 2020
2020 Annual Meeting
(1) Excuse Me But Your Bias Is Showing: A thought-provoking look at how implicit bias impacts how we see others, and strategies for identifying and interrupting it; (2) Diversity in AI: Navigating your client through the implicit biases that may impact AI; (3) Is Lack of Diversity a Bigger Problem for IP In-House Practitioners? A discussion about the challenges in-house legal departments face; and (4) How to Recruit and Retain and Win with a Diverse Legal Team: Practical tips for law firms on how to build and mentor your team.
- Moderator — Dara Kendall, Procter & Gamble, Cincinnati, OH
- Excuse Me But Your Bias Is Showing: A thought-provoking look at how implicit bias impacts how we see others, and strategies for identifying and interrupting it — Mercedes Meyer, Faegre Drinker Biddle & Reath, Washington, DC
- Diversity in AI: Navigating your client through the implicit biases that may impact AI — Yeen C. Tham, IBM Corporation, Armonk, NY
- Is Lack of Diversity a Bigger Problem for IP In-House Practitioners? A discussion about the challenges in-house legal departments face — Robert Deberardine, Johnson & Johnson, Bridgewater Township, NJ
- How to Recruit and Retain and Win with a Diverse Legal Team: Practical tips for law firms on how to build and mentor your team — Tara D. Elliott, Latham & Watkins, LLP, Washington, DC
Litigation - Care and Feeding of your IP Expert, Strategies for Minimizing Daubert Challenges, Surviving a Daubert Hearing
October 29th, 2020
2020 Annual Meeting
(1) Lessons for the Care and Feeding of Your IP Expert: Everything you need to know from picking them, to bulletproofing their reports, to prepping them for deposition and trial; (2) Strategies for Minimizing Daubert Challenges: A deep dive on overcoming obstacles that can threaten your IP experts opinion, including topics such as insufficient discovery, apportionment, and the absence of peer review; and (3) Surviving Your Daubert Hearing: Tips from the trenches on how to prepare for and win your Daubert hearing, including what to do if the unthinkable happens and your expert is excluded.
- Moderator — Stephen Dell, Novum Consulting Group, The Woodlands, TX
- Lessons for the Care and Feeding of Your IP Expert: Everything you need to know from picking them, to bulletproofing their reports, to prepping them for deposition and trial — Leigh Taggart, Honigman, Bloomfield Hills, MI
- Strategies for Minimizing Daubert Challenges: A deep dive on overcoming obstacles that can threaten your IP experts opinion, including topics such as insufficient discovery, apportionment, and the absence of peer review — Joseph Drayton, Cooley, New York, NY
- Surviving Your Daubert Hearing: Tips from the trenches on how to prepare for and win your Daubert hearing, including what to do if the unthinkable happens and your expert is excluded — Ron Schutz, Robins Kaplan, LLP, Minneapolis, MN
An Update from the World Intellectual Property Organization (WIPO)
October 29th, 2020
2020 Annual Meeting
Thursday Keynote: WIPO Director General Daren Tang.
- Moderator — Barbara A. Fiacco, AIPLA President, Foley Hoag, Boston, MA
- Speaker — Hon. Daren Tang, Director General-Elect, World Intellectual Property Organization (WIPO), Geneva, Switzerland
Hot Issues in FinTech and Blockchain
October 30th, 2020
2020 Annual Meeting
(1) Technical Tutorial of Blockchaing: A case study; (2) Uses of Blockchain by Industry; (3) Open Source Licensing and Decentralized Content Distribution Platforms; and (4) Due Diligence for Blockchain IP Portfolios.
- Moderator — Allison Gaul, Millen, White, Zelano & Branigan, P.C., Washington, DC
- Technical Tutorial of Blockchaing: A case study — Stephen J. Mackenzie, Senior IP Counsel, Koch Industries, Wichita, KS
- Uses of Blockchain by Industry — Joseph J. Petrokaitis, Corporate Counsel, IBM Corporation, Armonk, NY
- Open Source Licensing and Decentralized Content Distribution Platforms — Matej Michalko, CEO, DECENT, Geneva, Switzerland
- Due Diligence for Blockchain IP Portfolios — Marc Kaufman, RIMON Law, Washington, DC
Closing Session: Ethics Issues for Practitioners: The Effects of Trauma, Anxiety, and Stress on our Lives - No One Makes It Out Unscathed
October 30th, 2020
2020 Annual Meeting
Closing Session Ethics CLE Presentation by Brian Quinn of Lawyers Concerned for Lawyers of Pennsylvania.
- Speaker — Brian Quinn, Lawyers Concerned for Lawyers of Pennsylvania, Philadelphia, PA
[Trademark] Ready for Liftoff? Brand Launches and the Challenges They Present
October 30th, 2020
2020 Annual Meeting
Trademark issues for brand launches, including trademark basics, brand development examples, trends, and challenges.
- Moderator — Ronald Chillemi, Leichtman Law PLLC, New York, NY
- Speaker — Stephen Lee, Chief IP Counsel, Target, Minneapolis, MN, Prof. Jeanne Fromer, NYU School of Law, New York, NY, Prof. Barton Beebe, NYU School of Law, New York, NY, Josh Gerben, Gerben Law Firm, Washington, DC