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Patent Prosecution

October 28th, 2021
2021 Annual Meeting

(1) An Exemplary Study: Comparing Europe and US Guidance Examples and Recent Developments in Patenting Computer-Implemented Inventions; (2) Following the Example: Effective Claim Drafting for AI/ML and Computer Simulation in Europe and the US; (3) Patenting Issues Facing Innovators in the Life Sciences Including Sections 101, 112 and in Connection with COVID-19 Vaccines; and (4) Current Patenting Issues in Europe Facing Life Sciences/Biotech Innovators, and Effective Claim Drafting Strategies to Avoid Pitfalls.

Speakers:
  • Moderator — Aaron Johnson, Bookoff McAndrews, Washington, DC
  • An Exemplary Study: Comparing Europe and US Guidance Examples and Recent Developments in Patenting Computer-Implemented Inventions — Mike Jennings, AA Thornton, London, UK
  • Following the Example: Effective Claim Drafting for AI/ML and Computer Simulation in Europe and the US — Michael W. Piper, Conley Rose, Plano, TX
  • Patenting Issues Facing Innovators in the Life Sciences Including Sections 101, 112 and in Connection with COVID-19 Vaccines — Courtenay C. Brinckerhoff, Foley & Lardner, Washington, DC
  • Current Patenting Issues in Europe Facing Life Sciences/Biotech Innovators, and Effective Claim Drafting Strategies to Avoid Pitfalls — Andrew Bentham, JA Kemp, London, United Kingdom

Copyright/Trademark

October 28th, 2021
2021 Annual Meeting

(1) DMCA: Recap of DMCA Reform Hearings hosted by Senator Tillis, Overview of Proposed Legislation, Pro/Con Perspectives of Industry Including both Platform and Content Providers; (2) Deep Dive into the DMCA Removal of Copyright Management Information; (3) Managing Your Brand in Times of Social Change ; and (4) Interplay of Failure to Function as a Mark and Aesthetic Functionality, Playing Off the 9th Circuit’s Recent LETTUCE TURNIP THE BEET decision (LTTB v Redbubble).

Speakers:
  • Moderator — Michael W. Carroll, American University Washington College of Law, Washington, DC
  • DMCA: Recap of DMCA Reform Hearings hosted by Senator Tillis, Overview of Proposed Legislation, Pro/Con Perspectives of Industry Including both Platform and Content Providers — Brian Wassom, Warner Norcross + Judd, Clinton Township, MO
  • Deep Dive into the DMCA Removal of Copyright Management Information — Kevin Tottis, TottisLaw, Chicago, IL
  • Managing Your Brand in Times of Social Change — Patrick Kole, Idaho Potato Commission, Eagle, ID
  • Interplay of Failure to Function as a Mark and Aesthetic Functionality, Playing Off the 9th Circuit’s Recent LETTUCE TURNIP THE BEET decision (LTTB v Redbubble) — Dean Eyler, Lathrop GPM, Minneapolis, MN

Titans of the IP Bar

October 28th, 2021
2021 Annual Meeting

4th Titans of IP Bar with: (1) George Hutchinson, Former Clerk of the US Court of Appeals for the Federal Circuit; (2) Michael K. Kirk, Former AIPLA Executive Director; (3) M. Andrea Ryan, AIPLA Past President; and (4) as Moderator, Vincent E. Garlock, AIPLA Executive Director.

Speakers:
  • Moderator — Vincent E. Garlock, AIPLA Executive Director
  • Panel — George Hutchinson, Former Clerk of Federal Circuit, Michael K. Kirk, Former AIPLA Executive Director, M. Andrea Ryan, AIPLA Past President

Opening Plenary: Sliding Doors - Tales of Courage Choosing Diverse IP Career Paths

October 28th, 2021
2021 Annual Meeting

A career is an evolving part of who we are, and the choices we make every day can help shape how we show up for ourselves and others now and in the future. Please join our special opening panel of dedicated professionals who have confronted change throughout their careers—the challenges they faced, the questions they asked, and how they emerged wiser through the process.

Speakers:
  • Moderator — Christal A. Sheppard, University of Nebraska, Professor of Law and Former Regional USPTO Director
  • Panel — Honorable Kara Stoll, US Court of Appeals for the Federal, Circuit, Washington, DC, Angela Sebor, Global IP Manager, Tolmar, Inc., Fort Collins, CO, Robert Stoll, Partner, Faegre Drinker Biddle & Reath, Washington, DC and Former USPTO Commissioner for Patents, Andrea Hence Evans, The Law Firm of Andrea Hence Evans, Laurel, MD

Luncheon Keynote: Chief Jason E. Kearns, Commissioner, United States International Trade Commission

October 28th, 2021
2021 Annual Meeting

Keynote Speech on the ITC and Section 337 (Developments with Respect to Section 337 Procedures and Substantive Issues) by Chief Jason E. Kearns, Commissioner, United States International Trade Commission.

Speakers:
  • Keynote Speaker — Chief Jason E. Kearns, Commissioner, United States International Trade Commission, Washington, DC
  • Moderator — Joseph R. Re, President,AIPLA, Knobbe, Martens, Olson & Bear, LLP Irvine, CA

Analyzing Oracle v. Google

October 28th, 2021
2021 Annual Meeting

Panel discussion hosted by the Copyright, Electronic and Computer Law, and Standards and Open Source Committees.

Speakers:
  • Moderator — Rebecca Tushnet, Harvard Law School, Cambridge, MA
  • Panel — Thomas Goldstein, Goldstein & Russell, PC, Bethesda, MD, Jeffrey Gluck, Panitch Schwarze Belisario & Nadel, LLP, Philadelphia, PA, Andrew Silverman, Orrick, New York, NY, Janice Ta, Perkins Coie, Austin, TX

Patents & Diversity

October 28th, 2021
2021 Annual Meeting

Panel Discussion on Expanding Economic Opportunity Through Invention.

Speakers:
  • Moderator — Arlene P. Neal, Neal Blibo, Washington, DC
  • Panel — Laurie C. Self, Qualcomm, Washington, DC, Debodhonyaa (Deb) Sengupta, Dentons US, Washington, DC, Holly Fechner, Covington & Burling, LLP, Washington, DC

Ethics

October 29th, 2021
2021 Annual Meeting

(1) Avoiding Ethical Traps in Trade Secret Cases: How to Manage Joint Engagements, Employee Investigations, Spoliation of Evidence and Other Ethical Challenges Common to Trade Secret Disputes; (2) Ethical Implications of Instigating or Pursuing Criminal Charges Relating to Trade Secret Theft; and (3) Ethics and Professional Responsibility and Practice Before the USPTO.

Speakers:
  • Moderator — Michael McCabe, McCabe Ali LLP, Potomac, MD
  • Avoiding Ethical Traps in Trade Secret Cases: How to Manage Joint Engagements, Employee Investigations, Spoliation of Evidence and Other Ethical Challenges Common to Trade Secret Disputes — Astor Heaven, Crowell & Moring, LLP, Washington, DC
  • Ethical Implications of Instigating or Pursuing Criminal Charges Relating to Trade Secret Theft — Jennifer French, Federal Bureau of Investigations, Washington, DC
  • Ethics and Professional Responsibility and Practice Before the USPTO — William Covey, Office of Enrollment and Discipline, US Patent & Trademark Office, Alexandria, VA (invited)

"You know it don't come easy" - Managing a Crisis: Preparation, Response and Lessons Learned

October 29th, 2021
2021 Annual Meeting

(1) Drafting Agreements and Licenses - Drafting Arbitration Provisions; (2) How to be a Leader Through a Crisis; and (3) Cultural Competence and Ethics and Rule 1.1. Mental Health and Well Being.

Speakers:
  • Moderator — W. Todd Baker, Kirkland & Ellis, Washington, DC
  • Drafting Agreements and Licenses - Drafting Arbitration Provisions — Jeremy McKown, Johnson & Johnson, New Brunswick, NJ
  • How to be a Leader Through a Crisis — Coke Morgan Stewart, Former Acting Under Secretary of Commerce for Intellectual Property and Deputy Director USPTO, Alexandria, VA
  • Cultural Competence and Ethics and Rule 1.1. Mental Health and Well Being — Mercedes Meyer, Faegre Drinker Biddle & Reath, Washington, DC

IP Litigation

October 29th, 2021
2021 Annual Meeting

(1) IP Injunctions: Update on Case Outcomes Since eBay and New Trademark Law. Are presumptions Overrated?; (2) Proposed Legislative Changes, and Status of German Legislation That Would Introduce Equitable Considerations to the Current Mandatory Injunction Practice; and (3) Appellate Mishaps: The Common and the Not So Common Across Various Types of IP Litigation.

Speakers:
  • Moderator — LaTasha Snipes, Polsinelli, Houston, TX
  • Proposed Legislative Changes, and Status of German Legislation That Would Introduce Equitable Considerations to the Current Mandatory Injunction Practice — Christian Heine, KEENWAY Patentanwaelte PartG mbB,, Duesseldorf, Germany
  • IP Injunctions: Update on Case Outcomes Since eBay and New Trademark Law. Are presumptions Overrated? — Kristen Jakobsen Osenga, University of Richmond School of Law, Richmond, VA
  • Appellate Mishaps: The Common and the Not So Common Across Various Types of IP Litigation — Lauren Degnan, Fish & Richardson, Washington, DC

Antitrust Issues in IP Scenarios

October 29th, 2021
2021 Annual Meeting

(1) Should You Think About Antitrust When You Settle? Developments in Antitrust Treatment of Settlements/Reverse Payments; (2) The IP-Antitrust interface in the Biden Administration (a program with new FTC-DOJ-USPTO-ITC agency leadership); and (3) Standard Essential Patents, Open Source Software & Antitrust - The Impact of the New Biden Administration.

Speakers:
  • Moderator — John Scott, Qualcomm, Inc., El Cajon, CA
  • Should You Think About Antitrust When You Settle? Developments in Antitrust Treatment of Settlements/Reverse Payments — Jeffrey R. Gargano, Morgan Lewis, Chicago, IL
  • The IP-Antitrust interface in the Biden Administration (a program with new FTC-DOJ-USPTO-ITC agency leadership) — Drew Mann, K&L Gates LLP, Washington, DC
  • Standard Essential Patents, Open Source Software & Antitrust - The Impact of the New Biden Administration — Lisa Ulrich, IBM Corporation, Armonk, NY

Patent Exhaustion

October 29th, 2021
2021 Annual Meeting

How Patent Exhaustion Affects Claims Strategy, Filing Strategy, and Sales Strategies-Case Law Updates and Real-world Examples

Speakers:
  • Moderator — Robert Mazzola, Pied Parker, San Francisco, CA
  • The Continuing Vitality of Patent Exhaustion Post-Impression Products — Kristin L. Murphy, ZF Group, Farmington, MI, Yar Chaikovsky, Paul Hastings, LLC, Palo Alto, CA

Luncheon Keynote: Andrew Hirshfeld, USPTO

October 29th, 2021
2021 Annual Meeting

Keynote Speech by Andrew Hirshfeld (Commissioner of Patents and Performing the Duties of the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent & Trademark Office).

Speakers:
  • Keynote Speaker — Andrew Hirshfeld, Commissioner of Patents and Performing the Duties of the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent & Trademark Office, USPTO
  • Moderator — Joseph R. Re, President,AIPLA, Knobbe, Martens, Olson & Bear, LLP Irvine, CA

PTAB Update

October 29th, 2021
2021 Annual Meeting

Panel Discussion, including: (1) More Ways for Patent Owners to Obtain Discretionary Denials? A Review of Recent Applications of Fintiv and General Plastic Factors; and (2) Arthrex and the End of Patent Exceptionalism in the Administrative State.

Speakers:
  • Moderator — Lora M. Green, Wilson Sonsini, Washington, DC
  • Panel — Tammy Terry, Osha Bergman Watanabe & Burton, Houston, TX, Adam Mossoff, Antonin Scalia Law School, George Mason University, Arlington, VA

Closing Plenary Session - The Year in Review

October 30th, 2021
2021 Annual Meeting

(1) Trademark; (2) Copyright; (3) Trade Secrets; (4) Patents; and (5) Design Rights.

Speakers:
  • Moderator — Rob Lytle, Microsoft, Redmond, WA
  • Trademark — Christine Haight Farley, American University Washington College of Law, Washington, DC
  • Copyright — Leigh Gill, Immix Law Group, PC, Portland, OR
  • Trade Secrets — John Marsh, Bailey Cavalieri, Worthington, OH
  • Patents — Joshua Kresh, Center for Intellectual Property x Innovation Policy (C-IP2), George Mason University, Antonin Scalia Law School, Arlington, VA
  • Design Rights — Richard Stockton, Banner Witcoff, Chicago, IL