Trends and Developments in Patent Law, DMCA, Online Privacy Among Hot Topics at 26th Annual ABA Intellectual Property Law Conference
WASHINGTON, D.C., March 29, 2011 — Is the Digital Millennium Copyright Act working? Are U.S. Patent and Trade Office and congressional initiatives on patent reform achieving intended results? How should cases be litigated before the USPTO Trademark Trial and Appeal Board? These questions and many others will be the focus of discussions at the American Bar Association Section of Intellectual Property Law Conference April 6-9 at the Crystal Gateway Marriott Hotel in Arlington, Va.
The conference is international in scope, bringing together judges, government officials, in-house counsel, academics and private practitioners to discuss topics ranging from trends in patenting to the Anti-Counterfeiting Trade Agreement.
The April 7 luncheon speaker is Randall R. Rader, chief judge of the U.S. Court of Appeals for the Federal Circuit, noon – 1:30 p.m. The following day, Robert Stoll, commissioner for Patents at the U.S. Patent and Trademark Office, will deliver luncheon remarks, noon – 1:30 p.m.
The following programs are among hot topics of the conference:
“Reform Inside and Outside the USPTO” — This program features PTO and congressional representatives providing reports on the progress of patent reform initiatives inside and outside the Patent Office. Panelists will discuss the changes occurring at the PTO, as well as the interplay between congressional action on patent reform and ongoing changes at the PTO.
April 7, 8:30 – 10 a.m.
“The DMCA – Is it Broken?” — Do the courts need a course correction? Is section 512 unfair to content owners, allowing service providers to profit from infringing content on their services? Or does the law strike the right balance between owners and users of content? Panelists will discuss the DMCA’s limitation of liability for service providers and how the courts have interpreted section 512 in Viacom v. YouTube and other cases.
April 7, 8:30 – 10 a.m.
“Tips from TTAB” — Two Trademark Trial and Appeal Board judges and an interlocutory attorney will provide guidance on how the new procedural rules are being interpreted, how to best litigate a case before the board, the role of interlocutory attorneys and how to best utilize interlocutors.
April 7, 10:15 – 11:45 a.m.
“ACTA: What Will it Mean for the IP Practitioner?” — The Anti-Counterfeiting Trade Agreement — now final — aims to establish an international framework for combating global proliferation of commercial-scale counterfeiting and piracy, and includes provisions for international cooperation and the promotion of strong enforcement practices. This panel will look at whether ACTA is likely to provide any near-term benefits or change practices in international IP enforcement.
April 7, 1:45 – 3:15 p.m.
“Trademark Prosecution Best Practices” — Panelists will focus on discrete challenges and solutions for navigating the trademark application process. Topics include surname refusals, drafting goods/services declarations, developments in Trademark Manual of Examination Procedures and USPTO’s electronic systems, and Madrid Protocol application.
April 7, 1:45 – 3:15 p.m.
“Open Source Licensing: A Review of Significant Decisions” — Presenters will provide an overview of litigation and licensing issues involving open-source software, including patent, trademark and copyright cases. Speakers will highlight unique issues, analyze what license terms are enforceable, and describe the impact of non-compliance with an open-source license. Guests will also discuss the differences between mainstream open-source licenses, and what factors to consider when selecting such a license.
April 7, 3:30 – 5 p.m.
“Enhanced Damages, Willfulness and the Adverse Inference Post-Seagate: How Much Has Really Changed?” — In 2009 more than half of the district court decisions relating to the issue of willfulness found willful infringement to exist. Panelists will look at how this has affected enhanced damages or attorney’s fees. Additionally, speakers will debate the question of whether the 2008 Broadcom v. Qualcomm decision relating to induced infringement unwittingly resurrected it for willful infringement.
April 8, 8 – 10 a.m.
“Termination Rights – Coming Soon to a Theater Near You. Are You Ready?” — With copyright terminations under section 203 of the 1976 Copyright Act quickly approaching in 2013, this panel will look at the main challenges of which lawyers need to be aware.
April 8, 8 – 10 a.m.
“Monetizing the News: The Role of IP in Assuring the Future of Media and Democracy” —
Investigative journalism provides information citizens need to participate effectively in democracy; however, new digital distribution media threatens the economic basis on which traditional newsgathering depends. Panelists will discuss questions that have arisen about the proper interpretation of fair use under copyright law, and whether remedies such as the “hot news” misappropriation doctrine have a place in policing the distribution of highly valued news content available online and via mobile devices and through social media.
April 8, 1:45 – 3:15 p.m.
“The New gTLDs: What Trademark Owners and Their Attorneys Need to Know” — The panel will discuss legal and practical issues related to the Internet Corporation for Assigned Names and Numbers’ expansion of generic top-level domains (gTLDs). Guests will discuss the impact of the new gTLDs on trademark owners, including how they can register and use new gTLDs and how to protect their brands against cyber-squatters.
April 8, 3 – 5 p.m.
“Session 1: Legal Protection of Personal Information Acquired by Internet and Software Companies” — Who owns the rights to geospatial data such as GPS cell phones, Onstar, vehicle GPS and others? What can service providers do with information such as where individuals are and where they have been? How much information can e-mail services use from their customers’ e-mails? What types of privacy laws are in place relative to social networking sites? Can users delete information or do social networking companies always have it? These questions and others will be discussed by expert panelists.
April 9, 8 – 10 a.m.
“Session 2: Hot Topics in Patent Litigation” — Several federal judges will discuss recent developments in patent litigation, with a focus on current issues of interest to the bar. Panelists will look at the issues in the Global-Tech v. SEB U.S. Supreme Court case, with a view to how they impact other cases before the courts.
April 9, 10 – 11:45 a.m.
Additional information as well as a link to the full agenda can be found online.
For media credentialing, please contact Alexandra Buller at Alexandra.Buller@Americanbar.org. Contact information for presenters is available for reporters unable to attend but interested in reporting on the issues to be discussed at this conference. There is no charge for media to attend this event.
The 25,000-member ABA Section of Intellectual Property Law provides the highest quality information, analysis and practice tools to intellectual property lawyers, and serves as the thoughtful source of information and commentary for policy makers as they consider legislation affecting the law and regulations in intellectual property matters. The section is respected and known as the premier resource for knowledge in this increasingly important and complex area of law.
With nearly 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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