Library: 2023 Mid-Winter Institute

2023 Meeting Kick Off: Your Post-Pandemic IP Warm Up

February 1st, 2023
2023 Mid-Winter Institute

(1) Association Business Meeting; and (2) Introduction from Brian H. Batzli, AIPLA President, and Keynote Presentation.

[AM PLENARY - WEARABLES AND ELECTRONIC GADGETRY] IP A-wear-ness: IP and Data Issues for Wearable Devices and Environments

February 1st, 2023
2023 Mid-Winter Institute

A panel of technology experts will discuss wearable devices and various applications in distinct environments. Among other topics, the panel will: define relevant wearable marketplaces and value chain models; discuss key considerations in identifying patentable subject matter for wearable technologies along with claiming strategies for interoperability, split infringement, and other key objectives; discuss patent application preparation related to software and hardware development cycles; explain branding strategies for “wearable” technology; and identify data privacy, data rights, and regulatory issues arising from wearable data collection, cross-platform sharing, and archiving.

[PM PLENARY - SPORTS & EXERCISE APPAREL, FASHION & FOOTWEAR] IP for your Sole: IP Protection for Sneakers and Other Fitness Apparel

February 1st, 2023
2023 Mid-Winter Institute

This plenary session will discuss recent developments pertaining to the protection and enforcement of IP related to ath- letic apparel/footwear. This will include a discussion of the different types of IP protection available (i.e., design patents, utility patents, copyright, trademark, and trade secrets) and how current practitioners can practically navigate protecting and /or enforcing that IP. Finally, alternative routes to protection and enforcement will be discussed (i.e., First Amendment defenses).

[PM PLENARY - THE BUSINESS OF SPORTS] The New World of Licensing of Name, Image, and Likeness (NIL) by Student Athletes at NCAA Schools - An Introduction and a Demo!

February 1st, 2023
2023 Mid-Winter Institute

This program will provide an introduction to NIL licensing, the history and recent evolution of the policies of the NCAA and laws governing payment of student athletes, and how college athletics are being profoundly impacted by the current tidal wave of the NIL licensing programs and deals sweeping the nation. We will have an NCAA athlete who will speak about their experiences in this new world of NIL licensing and also demonstrate an actual NIL licensing function!

[PM PLENARY - NUTRITION] Step Right Up! Delve into Strategies for a Mock Nutritional Product

February 2nd, 2023
2023 Mid-Winter Institute

Ok, so here’s the client. Get ready to advise! We will have an interesting interactive discussion on the launch of a fabulous “new” nutritional product. Special thanks to FDAImports.com for providing the fabulous “new” nutritional product for our discussion!

[PM PLENARY - NUTRITION] Munch on This! Insights into IP and Regulatory Issues Surrounding Nutritional Products in the U.S. and Beyond

February 2nd, 2023
2023 Mid-Winter Institute

So, your client’s developed a nutritional product. What should they do next? The experts on this panel will examine strat- egies for procuring and enforcing patent protection for nutritional products, challenges in branding and labeling of such products, and international requirements such as designation of origin and geographical indication.

[AM PLENARY - PARTICIPATION SPORTS & INTERACTIVE TRAINING] Revolutionizing Participation: Challenges for the Everyday Athlete and the Innovation that “Drives” the Community

February 2nd, 2023
2023 Mid-Winter Institute

This program will address the technology that has revolutionized participation sports such as running, cycling, swimming, and triathlon. You will see a demonstration of devices, sensors, and software, including data, which drive these sports. You will then hear a discussion of the IP issues which surround protection and enforcement including patent, trademark, trade secret, and copyright issues. You will also hear a discussion of some of the data privacy/data protection issues associated with all of the data being collected, transmitted, and stored during these sports.

[AM PLENARY - PARTICIPATION SPORTS & INTERACTIVE TRAINING] Protecting Pro Sports: IP Challenges and Opportunities for Pro Athletes and Teams

February 2nd, 2023
2023 Mid-Winter Institute

This program will provide an overview of the IP issues confronted in pro sports from the perspective of a professional athlete and a professional sports team. Topics include branding, marketing, licensing, trademark protection, and more.

[AM PLENARY - ETHICS] The Three C’s of Attorney Ethics: Candor, Confidentiality and Conflicts of Interest

February 3rd, 2023
2023 Mid-Winter Institute

In response to President Biden’s July 2021 “Executive Order on Promoting Competition in the American Economy,” which was focused on lowering drug costs, and the June 8, 2022 letter from several senators to the USPTO raising concerns about patent thickets, the USPTO proposed initiatives to bolster the robustness and reliability of patents to incentivize and protect new and non-obvious inventions while facilitating the broader dissemination of public knowledge to promote innovation and competition. The USPTO-FDA collaboration initiatives pose ethical challenges for lawyers. This program will provide insight into conflicts of interest and the duties of candor and confidentiality implicated by such initiatives.

[AM PLENARY - EU UNIFIED PATENT COURT] The European Union Unified Patent Court: To Opt-In or Opt-Out? That is the Question!

February 3rd, 2023
2023 Mid-Winter Institute

The date is nearly upon us for the Unified Patent Court (UPC) to begin receiving cases and for Unitary Patents (UP) to start being granted – current projection is that it will be June 1, 2023. The UPC will have exclusive jurisdiction over all Unitary Patents and, in time, all European patents validated in EU countries. The UPC will be the forum that decides infringement and revocation proceedings and determines remedies for these rights within the countries that have ratified the UPC law. The countries that agreed to participate in the UPC recognize the UPC will be a new, untested, multinational European court. As such, there will be a transitional period during which one can opt-out from the jurisdiction of the UPC for certain published European patent applications and European patents. Hand-in-hand with the UPC, the new Unitary Patent will simplify the administration of European patent rights – albeit at the risk of being centrally attacked. While there is no exhaustive list or one size fits all approach to dealing with opt-outs and the decision as to whether to seek UP protection, this program will consider practical aspects and actions to take now in preparation for June 1.

[AM PLENARY - SPORT, EXERCISE & FITNESS DEVICES] Ready to Launch? Taking An Exercise Device Company From The First Lap To The Finish Line: IP Considerations For Entering The Sport Device Marketplace

February 3rd, 2023
2023 Mid-Winter Institute

This panel will present diverse perspectives about the IP challenges companies face when launching and protecting new products in the exercise device arena. Speakers will provide real-life examples of numerous legal and business considerations that must be taken into account for a successful product launch. Particular focus on small start-up companies and design patent prosecution issues for wearable devices.