Intellectual Property Law

46th Annual IP Institute Bundle

Did you miss the 46th Annual IP Institute in 2022? If you did, this is your chance to view the top sessions from our Annual IP Institute.

The more panels you purchase, the bigger the saving is! Purchase all 11 panels and receive 25% off! Offer ends 02/15/2023.

Please note that the OnDemand and CLEtoGo (podcast) version of the panel is offered. Please be sure to select the type of format you prefer.

This Bundle and Save Package includes the following programs:

Avoiding Ethical Wipeouts in IP Practice
This program covers the button ethics issues that IP attorneys confront on a regular basis. Topics include:

  • New rules and key opinions
  • Confidentiality and privilege in IP cases, including issues arising from protective order violations
  • Duty of loyalty and conflict issues that arise in IP cases
  • Duties related to candor to the USPTO and courts
  • Duties regarding third parties
  • Duties of supervisory and subordinate attorneys
  • USPTO OED rule changes and disciplinary decisions

Bursting the Aesthetic Bubble: Debating Aesthetic Functionality
Resolved: should a trademark owner be able to prevent third parties from using their trademarks in an aesthetic or ornamental manner? Join the attorneys who represented Redbubble and Atari in debating exactly this topic. The speakers will argue the pros and cons of the recent Redbubble case decision and its impacts on your trademark law practice.

Arbitrating Domestic and Transnational IP Disputes
Different technology sectors vary widely in their views about ADR, but IP arbitrations are here to stay and will likely grow more common. Delving deeper than a simple “Arbitration 101,” this panel will examine advanced issues of particular importance to technology lawyers faced with an actual or prospective arbitration. Topics will include:

  • Special considerations regarding arbitrator selection in technology disputes;
  • Best practices in providing for (and seeking) preliminary injunctive relief from courts and arbitrators;
  • Optimizing the scope of discovery (or evidence exchange) in arbitral proceedings;
  • Innovative procedures to facilitate early resolution of IP disputes;
  • Arbitral safeguards for trade secrets and other sensitive information – including preferred strategies in drafting arbitral awards; and
  • Strategies for correcting and challenging arbitral awards – in the courts and through innovative procedures recently adopted by leading arbitral institutions. Ambassador (r.) David Huebner, Dana Welch, Marcus Quintanilla

DMCA and User-Generated Content: Modern Industry Challenges and Solutions
The nature of content, especially in industries surrounding user-generated content, has drastically changed since the introduction of the DMCA in 1998. The world has social media platforms, streaming services, video games that allow users to build their own video games, and more. The sheer scope of content has reached levels it is unlikely were ever truly contemplated in 1998 (or likely even in 2008). Join our incredible panel with amazing speakers from companies with unique DMCA challenges such as Facebook, Roblox and Adobe, to dive down on some of these new challenges, industry solutions to those challenges, and future and ongoing trends related the UGC and DMCA.

European Unitary Patent System (UPS) and Unified Patent Court (UPC) … Key Considerations for U.S. Applicants and Patentees
The Unitary Patent and Unified Patent Court are expected to come into force in the coming months. How does this long-in-the-waiting change affect filing and enforcement strategy for U.S. companies? As with most things there are pros and cons to choosing the new patent system. The UPS can be used to cover many EU countries in one patent application with fewer fees which potentially offer a significant reduction in costs, depending on which EU states you pursue protection in and for how long. Applicants will still have the option to use the current European grant procedure (equivalent to a “bundle” of separate European national patents). The UPC will allow enforcement across most of the EU in a single action with potentially significant reduction in costs. But this benefit may be at substantial risk of a single central revocation action with effect across the same territories. How do you weigh the pros and cons of each process? Our panel of experts will evaluate the strategic considerations in navigating the key considerations.

Getting Value from Your Patent Portfolio: The Business and Dynamics of Patent Licensing, Sale and Other Monetization Techniques
Do you want to get more value from your patent portfolio? Join our expert dealmakers’ panel for an in-depth, wide-ranging and interactive discussion of the business of patent monetization and licensing. There is no “one-size-fits-all” model, and each deal must be carefully tailored to the individual characteristics of patent owner, of the customer, and of the industry dynamics and lifecycle. We will explore a variety of different mechanisms, including exclusive and nonexclusive licensing, cross licensing, patent sales, patent pooling and/or aggregation, litigation, and anything in between. We will dive into the critical differences between these approaches, including revenue expectations, market evolution, deal timing, risk/benefit considerations, customer selection, negotiation dynamics and legal considerations. Each of our panelists has decades of experience in this area, as both in-house and outside counsel, working in a wide range of industries. Come, listen and join the discussion!

Latest Developments in Trade Secrets Litigation and Protection
Experienced panel of trade secret attorneys, who recently co-edited and co-authored the Section’s updated trade secret treatise, will lead a thorough discussion of the latest developments in trade secrets litigation and protection. Highlights of the discussions include, updated pleading standards, tailoring requests for injunctive relief, sufficiency of trade secret identification statements, damages, effectively using forensic evidence, trade secret protection plans, and non-disclosure and restrictive covenant agreements.

Leveraging Patents and Technology to Grow Your Client’s Cannabis Business
This panel will discuss the wild world of patents and licensing within the cannabis industry. While the phrase cannabis patents invokes the concept of plant patents, they are not limited to plants alone. From pharmaceutical applications to accessories to methods of extraction and purification, there is a wide range of utility patents and technologies available to the growing cannabis industry. This panel combines viewpoints from in-house and outside counsel and will tell you how patent and technology licensing can help grow your business. The panel will cover how a well-executed patent and licensing strategy can help cannabis companies increase enterprise value, attract investors, neutralize competitive threats, and create opportunities for exits.

Patent Examiners: The Good, The Bad, and the Ugly Truth About Patent Prosecution
At its best, patent prosecution is a collaboration between patent examiners and patent practitioners. Sometimes, it is an adversarial process fraught with disagreement and misunderstanding between examiners and practitioners that can be traced to the “type” of examiner the practitioner is dealing with, and the practitioner lacking the tools to resolve the situation. This panel will address how practitioners can resolve issues and collaborate with examiners while maintaining courtesy and decorum before the USPTO (as required by 37 C.F.R. 1.3) in the course of being an advocate for their client. Various issues will be discussed, including how to deal with US Patent Examiners of varying levels of experience and authority (e.g., New Examiners, Primary Examiners, “English as a Second Language” Examiners, etc.), case law being “ignored” or misapplied by Examiners, Examiners disregarding “mere attorney argument”, etc.. There will be discussion of the USPTO’s Patent Ombudsman program, and how the Patent Ombudsman can help resolve issues between examiners and practitioners.

Patent Law 2022 in Review
Our panelists will take you through the major highlights from 2022 in patent law and recent patent law cases.

Public Display, Embedding, and the Server Test
Join panelists Stephen Doniger of Doniger/Burroughs and Xiyin Tang of UCLA for a lively discussion of the 9th Circuit’s controversial “Server Test:” How its adoption altered the trajectory of both copyright law and technology, a review of the arguments of its many critics (and supporters), and predictions of how its potential demise could alter the relationship between social media platforms and creators.

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CLA Membership is $99 and includes one section. Additional sections are $99 each.