November 8-9, 2018
Fairmont, San Jose
170 S. Market
The Annual IP Institute, "State of the Art – Creativity and Innovation in the Arts and Sciences," will be held at the beautiful Fairmont, San Jose on November 8th and 9th, 2018, with a welcome reception the evening of November 7, 2018.
The conference will cover a wide range of cutting-edge and compelling presentations on trademark, copyright, patent, privacy, trade secret, and internet law, as well as practical sessions and IP-specific ethics, competence, and elimination of bias panels. The event will also feature the always popular Annual Vanguard Awards luncheon celebrating pioneers in our field in a festive atmosphere.
We hope to see you there! Watch your inboxes, future editions of Inevitable Disclosures, and our website for more information!
June 21, 2018
Loews Hollywood Hotel
The IP in Entertainment & Media Conference is coming once again, June 21, at the Loews Hollywood Hotel! This conference will cover cutting edge legal issues in the entertainment and media industries. Panels will discuss applications of block chain technology in the entertainment industry, the latest decisions impacting entertainment and media, as well as music licensing, brand integration, social media, and IP clearance. Join us on June 21st, at the Loews Hotel in sunny Hollywood, CA. Come for the IP, stay for the entertainment. The conference will feature speakers from boutique entertainment firms, big law, and industry experts from a variety of major entertainment and media companies. The day will also include several networking opportunities, including a networking cocktail reception directly following the last panel. We look forward to seeing you there.
Mark began mediating IP disputes two decades ago when he was appointed by the federal court in San Francisco to resolve complex cases. Since 2012, he splits his time between mediating and arbitrating as well as teaching at Bay Area law and business schools.
Along with painting and playing tennis, few people know Mark also coached the varsity girls’ tennis team of the division champion Miramonte High School for two years while serving as a public company general counsel. The girls tennis team won their division both years he coached and nearly won the Northern California sectional, which is a testament to their ability (and his ability to get out of their way).
When Mark became general counsel at Dreyer's Grand Ice Cream, he left behind great private practice clients like Apple Computer, whose general counsel was kind enough to give him computers and other cool tech stuff. Fortunately, Dreyer's made up for it with free ice cream. Not a bad tradeoff.
Mark believes the most successful IP litigators are as effective advocating in court as they are in advancing their client’s position through mediation, using communications skills as much as legal expertise to help set appropriate expectations. Those skills overlap but are by no means identical. Being adept at both is key.
Tuesday, May 15, 2018, 12 noon
Dial-in number 855-520-7605, passcode 1211276419#.
Monthly "All Hands" Entertainment and Sports IG conference call. In addition to our monthly mini-presentation (or hypothetical), we will discuss upcoming webinars and conferences, opportunities for members to get involved and Hot Topics.
Please note:Our monthly calls are the 3rd Tuesday of every month.
Wednesday, June 6, 2018, 12 Noon - 1 p.m.Dial-in number 855-520-7605, passcode 1211276419#. Monthly "All Hands" Copyright IG conference call. On this call, we will discuss current cases and developments in copyright law. Each month a presenter will lead the discussion. We will also discuss opportunities to write articles, coordinate webinars, speak on webinars, and participate in the IP section in other ways. Please note:Our monthly calls are the 1st Wednesday of every month.
Friday, June 8, 2018, 12 Noon
Wednesday, June 13, 2018, 12 noon
To participate in the meeting, the dial-in number is 855-520-7605, passcode 1211276419#.
Monthly “All Hands” Technology, Internet & Privacy IG conference call. We will have a speaker on the battle of Raif Badawi, an online blogger who received a 10 year/1,000 lashes sentence for blogging. In addition, we will discuss upcoming webinars and conferences, opportunities for members to get involved, and Hot Topics.
Please note: Our monthly calls are the 2nd Wednesday of every month.
Thursday, May 24, 2018, 12 noon - 1 p.m.
This webinar is presented by the Patent Interest Group.1 hour participatory MCLE credit
For years now, patent practitioners have been anticipating the launch of the Unitary Patent that will allow applicants to obtain patent protection in up to 26 EU member states by submitting a single request to the EPO. Patents that issue can then be adjudicated in a Unified Patent Court having jurisdiction over “unitary” as well as traditional patents. Yet, the process to bring about the Unitary, which promises to usher in a new age of efficiency, reduced costs and complexity in the European patent system, has itself been mired in intra-country politics and the aftermath of Brexit, leaving a lot of questions unanswered. In this webinar, the presenter will attempt to read the tea leaves on the Unitary Patent, discussing its expected implementation and effect on European patent practice.
Moderator: Sanjesh Sharma Speaker: Enrica Bruno
Friday, June 1, 2018, 12 noon - 1 p.m.
This webinar is presented by the In-House Counsel Interest Group. 1 hour participatory MCLE credit
When the DTSA became law two years ago, it was described by Forbes as the “biggest IP development in years,” yet many companies that depend on trade secret protection for everything from algorithms and formulae to product plans and customer lists have not updated their approach. Equally important, recent litigation attacks on trade secret protection based on state law have threatened some of the largest tech companies’ trade secret protection programs.
This webinar will discuss the DTSA and recent trends affecting trade secret protection from a practical perspective. Suggestions and approaches to take full advantage of the DTSA, and to reduce risk of losing trade secret protection based on recent litigation will be provided. The webinar will provide valuable information for in-house counsel, IP counsel, HR managers, and entrepreneurs.
Todd Alberstone is a technology, IP, and business lawyer, with broad experience counseling technology-based ventures, including digital media, financial technology, payments industry, medical device, and related industries. Mr. Alberstone has served as the General Counsel and senior level legal roles of both public and private companies, working with companies on licensing, IP strategy, privacy, strategic agreements, best practices, and general corporate and compliance matters.
Tuesday, June 5, 2018, 12 noon - 1 p.m.
This webinar is presented by the Copyright Interest Group. 1 hour participatory MCLE credit
This webinar will discuss two recent copyright cases involving animals.The first is Naruto v. Slater, otherwise known as the “monkey selfie” case, in which People for the Ethical Treatment of Animals sued on behalf of Naruto, a crested macaque who had managed to snap a picture of himself using Slater’s camera. PETA had attempted to establish that Naruto owned a copyright in the photo. The Ninth Circuit recently affirmed judgment in favor of Slater on the grounds that an animal cannot own a copyright. The second is Grumpy Cat Limited v. Grenade Beverage in which internet celebrity feline Grumpy Cat sued for copyright and trademark infringement and breach of contract over a beverage company’s improper use of Grumpy Cat’s image – the case led to a jury verdict in favor of the famous feline.
Angela Dunning is a litigation partner at Cooley LLP in Palo Alto. Her litigation practice spans a wide array of matters in federal and state court, including complex commercial disputes; trademark, copyright, trade secrets, and unfair competition cases; and representation of companies and their officers and directors in securities litigation, deal cases, and white-collar criminal matters. She has tried numerous cases to a jury verdict and has substantial experience in the federal appellate courts, including multiple arguments before the Ninth Circuit.
David Jonelis is an associate at Lavely & Singer in Los Angeles. He is a litigator and trial attorney representing clients in matters including entertainment litigation; commercial litigation; libel, slander and defamation; and copyright.
Marcus Peterson, Moderator
Marcus Peterson is a copyright and trademark litigator at Cooley LLP in Los Angeles. He offers practical advice and results-oriented solutions to maximize and defend his clients’ intellectual property rights, to clients ranging from start-ups and non-profits to those in the Fortune 100.
Wednesday, June 6, 2018, 12 noon - 1 p.m.
This webinar is presented by the Entertainment and Sports Interest Group. 1 hour participatory MCLE credit
Section 230 has long been a foundational part of the legal framework most websites operate under. However, this year has seen drastic changes to Section 230 liability protections, and hosts of user generated content (and their attorneys) need to take notice and prepare for the future. In that vein, Professor Eric Goldman will explain the history and problems of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), and the Stop Enabling Sex Traffickers Act of 2017 (SESTA). The webinar will cover the current substantive changes to Section 230 liability protections for content hosts, the ‘moderator’s dilemma’ faced by companies, and possible future developments as the new law meets the courts.
Eric Goldman is a Professor of Law, and Co-Director of the High Tech Law Institute, at Santa Clara University School of Law. Before he became a full-time academic in 2002, he practiced Internet law for 8 years in the Silicon Valley. His research and teaching focuses on Internet, IP, and advertising law topics, and he blogs on these topics at the Technology & Marketing Law Blog. He testified twice before Congress about SESTA-FOSTA and blogged the bills over 2 dozen times.
Thursday, June 7, 2018, 1 p.m. - 2 p.m.This webinar is presented by the In-House Counsel Interest Group. 1 hour participatory MCLE credit.
Use what you have! For in-house counsels at any company–especially early to mid-stage companies–budgets and headcount are often limited. This presentation will discuss how to understand your company’s needs and then use that data to create a strategy and plan for external legal providers, including managing outside counsel budgets.
Kristin Sverchek received her undergraduate degree in molecular and cell biology from UC Berkeley and her law degree from UC Hastings. She started her career working in private practice as a corporate transactional lawyer at both Gunderson Dettmer and Silicon Legal Strategy before going in-house at Lyft in 2012. As Lyft’s first in-house lawyer, Kristin Sverchek has led Lyft’s legal team and strategy as General Counsel since November 2012. In that time, she has helped Lyft grow from a San Francisco-only company to having presence in all fifty states and Canada. During her time at Lyft, Kristin has built a robust legal team covering specialty practice areas including employment, regulatory, litigation, insurance, corporate, and commercial transactions. In January 2015, she was Lyft’s first female employee to take maternity leave, a policy which she helped develop in connection with the Human Resources department.
Wednesday, June 20, 2018, 12 noon - 1 p.m.
Presented by the International Interest Group. 1 hour participatory MCLE credit.
The webinar will focus on recent trademark decisions that have broadly interpreted the reach of the Lanham Act beyond the borders of the United States. The webinar will provide analysis, strategies, and considerations in view of these decisions. Moderator: Mariana Noli. Speaker: Michael Keyes.
Michael Keyes is an IP litigation partner with Dorsey & Whitney. He has tried many cases involving trademarks, copyrights, and false advertising in federal courts across the country and has been lead counsel on several matters before the Ninth Circuit and Federal Circuit Courts of Appeal. Mike is also a prominent writer and speaker on issues; hosting a weekly podcast and is an editor of TMCA.com, Dorsey’s trademark and copyright blog.
Mariana Noli is an international transactional lawyer with over 15 years of experience in intellectual property law. She is the founder and manager of NOLI IP SOLUTIONS, P.C. Mariana maintains a diverse practice, including preparing, prosecuting and managing domestic and foreign trademark and patent portfolios for a large assortment of clientele across a variety of industry sectors.
The Defend Trade Secrets Act Supplement to TRADE SECRET LITIGATION AND PROTECTION IN CALIFORNIA is now available for purchase in the Section’s bookstore. This Supplement includes additional practical tips and strategies related to the DTSA, and addresses:
The price is $25 for members and $30 for non-members.
Please provide a short bio (250 words max) that includes the member’s professional information and something personal (hobbies, interests, something unique about the member, a “fun fact,” etc.), a picture, and the member’s contact information. Please also have the member answer the following question: What is the most important skill you believe an IP attorney should have? Please send all submissions to Erica Bristol, at email@example.com.
Member Spotlight materials may also be posted in IP Section social media. If submitting on behalf of a member, you must obtain that member’s permission. Selection of member for Section Member Spotlight, posting dates, selected publications/social media, and editing are at the IP Section’s sole discretion.
For more information, click here.
17 Introduction to Patents
San Jose, CA 12:00 PM PT
22 Hands-on Patent Search Workshop
24 Patent Application Filing Basics
San Jose, CA 12:00 PM PT
• May 22, 2018, 9 a.m. - 11 a.m. PTPost Grant Patent Challenges: Reexamination and AIA Trials - MCLE Credit Available
Silicon Valley USPTO
Hear from a Patent Trial and Appeal Board Judge and a Supervisory Patent Examiner from the Central Re-Examination Unit about options available for challenging an issued patent before the U.S. Patent and Trademark Office (USPTO).
• Registration is now open for Stakeholder Training on Examination Practice and Procedure (STEPP) Agent/Attorney 3-Day Course in July.
IP Section CLE Webinars and Conferences Available On Demand or as Downloadable Podcasts*
Did you miss a live IP Section webinar or conference? Listen to recordings of past programs as streaming webinars or downloaded podcasts, and receive the materials and your CLE certificate of attendance. To see what's available, click here and select Intellectual Property Law Section.
The Federal Trade Commission is paying increased attention to social media influencer marketing. After a series of warnings, the FTC has begun enforcement actions against influencers and their advertisers. What do influencers need to do to avoid falling into the FTC’s crosshairs?
Click here to buy a license now.
Original Program Date: April 10, 2018
Presented by the Litigation Interest Group
Social media and digital marketing has changed the playbook for consumer packaged goods (CPG) companies to become successful and thrive. As counsel for these clients, you need to be dynamic and develop trademark strategies that not only addresses current, but also future, needs. This webinar will discuss various strategies to manage the obligations of this role, including: discussions to have with your client when creating their brand; developing a comprehensive trademark strategy; and effective use and monitoring of trademark and social media platforms.
Speakers: Allison Roseman Hagey, Rebecca Horton
Original Program Date: March 27, 2018
Presented by the In-House Counsel Interest Group
The recent wave of high-profile allegations stemming from the #metoo movement shows no sign of relenting, requiring employers to address their own internal policies related to workplace complaints. Just as important as developing anti-harassment and discrimination policies is establishing company procedures for investigating employee complaints. Promptly and effectively investigating and remediating employment claims is required of California employers and should mitigate potential damages. Join employment attorney and seasoned investigator Lisa Ryan in this one-hour webinar that will address best practices for workplace investigations, including WHEN to investigate, WHO should investigate and HOW to conduct and conclude an investigation.
Speaker: Lisa Ryan
*Many recordings of webinars and conferences are available within a few weeks of when they were presented live. Not every program is available as a downloadable podcast. Some in-person programs are audio-video. Account registration and device with internet connection required.IP Section CLE Webinars and Conferences Available On Demand or as Downloadable Podcasts*
We invite you to contact a member of the Executive Committee, or an Interest Group Officer. The IP Section has Interest Groups on:
Or contact the Editors of Inevitable Disclosure, Barbara Friedman and Matt Neco. Note our new email address. Please add us to your trusted email addresses to ensure you keep receiving communications from the California Lawyers Association, the new home of the IP Section.