Please join us for a nightcap networking mixer held at 620 Jones to meet the Section’s newest IG—the Artificial Intelligence interest group. Officers of the Interest Group will be at the event to answer questions, provide information about the Group, and simply to chat.

This panel reviews key developments in trademark law from the past year, including notable cases, policy updates, and emerging trends. Panelists will discuss practical takeaways and what these changes mean for brands, practitioners, and rights holders going forward.

Speakers:
Emily Burns
Kathy Tsai

Technology Transactions have evolved over the past 25 years, from ASP (application service provider), service bureau and traditional software licensing models to Inference-as-a-Service and other AI-focused deployment models. This program will explore this evolution, discuss drafting and negotiation best practices, and provide insight into when technology licenses and other transactional documents are litigated. Please join us.

1.0 Technology

Speakers:
Stephen Kong

Jim Pooley shares the details of two trade secret cases where he testified as an expert on reasonable efforts. In one where misappropriation was clear, the jury decided that the plaintiff didn’t do enough to protect the secret and gave its verdict to the defendant. In the other, a potential acquirer used what it learned in due diligence to start a competing business, and the jury awarded $605 million to the jilted start-up plaintiff, with an additional $195 million added by the trial court as exemplary damages.

This expert panel will provide an overview of and practical takeaways for understanding the latest trends in new and emerging privacy laws, enforcement priorities, and litigation risks related to data governance.

Key takeaways:

• Comprehensive privacy law trends (e.g., access, deletion, consent, opt out)
• AI laws’ intersection with privacy (i.e., transparency, risk assessments, bias audits)
• Enforcement priorities
• Litigation trends

Speakers:
Shruti Bhutani Aora
Jeewon K. Serrato

Networking lunch with officers of the IP Section Interest Groups featuring table topic discussions.

Please join Professor Tyler Ochoa (co-author of “Celebrity Rights: Rights of Publicity and Related Rights in the United States and Abroad”) and Jonathan Segal (co-leader of Davis Wright Tremaine’s Media & Entertainment Industry Group) to discuss hot topics in right of publicity law, including major statutory developments, a surge in litigation beyond celebrities, the increasing impact of artificial intelligence (AI), and legislative pushes for a federal right of publicity statute to address the challenges posed by deepfakes and digital
replicas.

Speakers:
Tyler Ochoa
Jonathan Segal

As global approaches to FRAND interpretation and Standard Essential Patent enforcement continue to diverge, cross border licensing and litigation strategy has become increasingly complex. This panel will examine recent jurisprudential and regulatory developments across major jurisdictions. Speakers will analyze advanced tactics in FRAND negotiations from both the SEP holder and implementer perspectives, with attention to rate setting methodologies, global portfolio offers, and jurisdictional leverage. The discussion will also address methods for reducing litigation exposure while preserving bargaining power, as well as strategic considerations when negotiations fail. Designed for practitioners operating in multinational SEP disputes, the session will offer practical guidance for optimizing enforcement outcomes in an increasingly contentious global environment.

Speakers:
Erik Puknys (Moderator)
Taraneh Maghame

This panel examines the most significant copyright developments in 2025 and the first part of 2026, exploring how courts addressed (among other things) copyrightability, infringement (both direct and secondary liability), fair use, and emerging issues at the intersection of technology and creative expression. Our esteemed panelists will analyze key decisions and doctrinal developments, highlighting practical lessons and broader implications for copyright practitioners moving forward.

Speakers:
Jacqueline Charlesworth
Rebecca Tushnet

Professor Lemley leads a whirlwind tour through the most important and consequential patent decisions of 2025.

Speakers:
Mark Lemley

Each year at the IP Institute, the Section honors outstanding legal professionals in the judiciary, private practice, in-house practice, academia, and public policy advocacy for their contributions to the advancement of intellectual property law.

Gain rare insights from the judiciary of the U.S. District Court for the Northern District of California as the speakers examine the most significant developments in intellectual property law shaping practice today. This session will explore how evolving doctrines and case management strategies are influencing patent, copyright, trademark, and trade secret litigation in one of the nation’s leading technology hubs. Through first-hand insights and practical perspectives from the bench, the panel will highlight emerging trends and judicial thinking that are redefining IP litigation in Silicon Valley and beyond. Attendees will leave with a deeper understanding of how the Northern District of California’s federal judiciary is responding to rapid legal and technological change.

Speakers:
Magistrate Judge Kang

Fashion is fast-moving and global. While IP does help protect this highly competitive and innovative sector, it has its limitations. This means the picture is not straightforward on either side of the Atlantic and IP lawyers must think practically and strategically to optimize IP protection using all the various rights and remedies that are available. This session will distill the key IP rights available in the USA and the UK for in-house and outside counsel working in this sector. The speakers will map what’s the same, what’s different, and how to protect heritage brands and new product launches alike in both territories. The program will also cover online aspects, notifying customs, and best practices around brand collaborations. Trademarks (or trade marks as it is spelt in the UK!) are a critical part of the armoury, but copyright and design protection, which can sometimes protect the shape or look of products, and other rights such as passing off will also be discussed. As well as covering some of the key issues, you will have the benefit of hearing from two lawyers who have worked closely together for well over a decade grappling with these issues.

Speakers:
Elizabeth J. Rest
Des Burley

This program will cover current hot button ethics issues that attorneys confront on a regular basis. Topics include:

• New rules and key opinions
• Confidentiality and privilege, including cybersecurity and protecting client data
• Legal ethics issues when using AI
• Duties of loyalty and candor
• Disrespect, discrimination and harassment issues under Rule 8.4

1 Legal Ethics

Speakers:
Michelle Galloway