Web Content Liabilities, In Re Bilski and Patent Reform Act Of 2009 Among Topics To Be Explored at ABA Annual Meeting In Chicago
CHICAGO, July 20, 2009 — What are the liabilities related to hosting user-generated content on the Web? What impact does In re Bilski have on patenting methods claims? What are the most critical issues arising from the Patent Reform Act of 2009? These questions and more will be explored at the 2009 American Bar Association Annual Meeting, July 30 – Aug 4, in Chicago.
With more than 1,500 top quality legal programs and events, and presentations by the foremost law experts and speakers, including Attorney General Eric H. Holder Jr., the ABA Annual Meeting is the nation’s premier gathering of legal professionals.
The 555-member House of Delegates will meet on Aug. 3 and 4 in the Hyatt Regency Chicago, Grand Ballroom, Gold Level, East Tower to consider policy recommendations and vote on resolutions. During the Aug. 3 meeting, Holder will address the delegates and William H. Gates Sr., co-chair of the William and Melinda Gates Foundation, will receive the ABA Medal, the association’s highest honor.
Among policies to be debated by the House is a plan to facilitate increased legal aid to persons facing crisis from the recession. Other proposals urge repeal of a provision in the Defense of Marriage Act that denies federal marital benefits and protections to lawfully married same-sex spouses; call on Congress to approve a national study of the state of criminal justice aiming to reduce crime and incarceration, save tax dollars, enhance fairness and increase public confidence in criminal justice.
For details and updates on these and more than two dozen proposals for debate and vote by the House, check this site.
Among the intellectual property law program highlights are:
“Blogomania – User Generated Content and the New Media Revolution”
User-generated content is all over the Internet. However, companies that allow third parties to communicate on their Web sites open themselves up to certain legal risks. Learn how to manage those risks, and where potential liabilities still remain. Specific topics will include understanding the legal framework; what you must know about the DMCA; engaging in a successful UGC contest; knowing when, how, and when not to monitor UGC; special concerns when allowing children to engage in social networking, blogging and e-mailing; ensuring COPPA compliance.
Aug. 2, 10:30 –noon, Hyatt Regency Chicago, West Tower, Regency Ballroom D, Gold Level
In re Bilski: Are Method Claims a Thing of the Past?
In re Bilski and its effect on method claims, has created a flurry of discussion, especially among those relating to “business” methods. Even judges of the Federal Circuit can’t seem to agree on what this decision means and whether it represents a drastic change in the law or simply a minor shift of the old principles under State Street, which allowed the patenting of ideas as abstract as tax planning strategies. Panelists at this roundtable will break down the new test adopted from In re Bilski, examine how it compares to the prior state of the law and discuss how it might apply to certain types of patent claims in the future.
July 31, 4 – 5 p.m., InterContinental, Upper 5th Floor, Ohio Room
“Patent Reform Act 2009: A Fresh Look?”
It’s back – with a vengeance. The most contentious portion of the Patent Reform Act of 2009 is the damages provision. But other key proposals such as “first to file,” expanded reexamination procedures, post grant review, and venue raise equally compelling implications. Speakers from all corners of the patent bar: district court judges, academics as well as pharma, tech/computer and Hill staffers will express their views.
July 31, 10:30 – 11:30 a.m., InterContinental, Upper 5th Floor, Ohio Room
“Helping Companies in a Down Economy: Strategic Planning for Identifying and Valuing Your IP”
Does your company (or your client’s company) hold significant intellectual property assets? How can you tell? What is the difference between the types of intellectual property? Is something patentable? Or should you seek trade secret or copyright protection? What does it mean to have a service mark or a trademark? This session will answer these questions, and will review how to identify IP assets and how to determine their worth.
July 31, 2 – 3:30 p.m., Hyatt Regency Chicago, West Tower, Columbian, Bronze Level
“Hot Topics in Computer Games and Virtual Worlds”
Virtual worlds and computer games are no longer a novelty. People are making serious money in these forums. With the downturn in the economy, more and more people are looking for low cost ways to enter into business ventures as well as “greener” ways to do basic business functions (e.g., holding meetings or training sessions online). With this added attention and potential, what legal issues are arising in virtual worlds and computer games? Are the terms of service impacting the usefulness of these venues? Are the creators of intellectual property in computer games and virtual worlds able to protect value and derive financial gain from their creations?
July 31, 4 – 5 p.m., InterContinental, Upper 5th Floor, Illinois
Anthony Falzone, executive director of Stanford University’s Fair Use Project, addresses copyright fair use in a speech to the 2009 Intellectual Property Law Luncheon. Falzone is representing the artist Shepard Fairey in the Obama HOPE poster case involving the Associated Press.
Aug. 1, noon – 1:30 p.m., King Arthur Court, 3rd Floor, InterContinental
“Mr. Lincoln’s Patent”
Did you know that Lincoln was the first president to receive a patent? (U.S. Patent No. 6469 issued on May 22, 1849). Lincoln, a boater, received his patent for an innovation that lifts boating vessels over sandbars. We take a 21st century look at his patent, including a lively discussion of whether Licoln would be considered a non-practicing entity today.
Aug. 2, 8:30 – 10 a.m., Hyatt Regency Chicago, East Tower, Columbus Hall AB, Gold Level
Among other programs:
“Listen to the Sound of Music – Recent Pitfalls in Online Music Distribution”
July 31, 8:30 – 10 a.m., Hyatt Regency Chicago, West Tower, Columbian, Bronze Level
“Keeping Up with What’s Hot in High Tech Copyrights”
July 31, 4 – 5 p.m., InterContinental, Upper 5th Floor, Michigan Room
“Orphan Works Legislation: Is It Time For Congress To Adopt?”
July 31, 4 – 5 p.m., InterContinental, Upper 5th Floor, St. Clair Room
“Fraud on the U.S. Trademark Office: When “Less is More” and When “More is Better”
July 31, 10:30 – 11:30 a.m., InterContinental, Upper 5th Floor, Illinois
“Cutting Edge IP Issues that Every Business Needs to Know”
July 31, 2:30 – 4:30 p.m., Sheraton Chicago, Level 4, Sheraton Ballroom III
“IP Policy in the Crossfire”
Aug. 1, 8:30 – 11:15 a.m., InterContinental, 11th Floor, Exchange Room
“IP and IT Reps and Warranties in Cross Border Acquisition Agreements”
Aug. 1, 2 – 3:30 p.m., Hyatt Regency Chicago, East Tower, Plaza Ballroom A, Lobby Level
“Copyright, the DMCA, and User-Generated Content: Is Universal Records, Inc. v. Veoh the Beginning or the End of Litigation in This Area?”
Aug. 2, 2 – 3:30 p.m., Hyatt Regency Chicago, West Tower, Regency Ballroom B, Gold Level
During the Annual Meeting, a press room for working journalists will be set up at the Hyatt Regency Chicago, Riverside Center, Purple Level, East Tower, and will be open for on-site media registration at 8 a.m. on July 30. Thereafter the press room will be open daily from 8 a.m. to 6 p.m., and will close one hour after the adjournment of the House of Delegates on Aug. 4.
With more than 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.
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