ABA-IPL CLE Programs
The Whole World Is Watching! Privacy, Copyright and Parental Control in the Age of YouTube, MySpace and Beyond
(primary sponsor: ABA Forum on the Entertainment
and Sports Industries)
Rooms 2014/2016, 2nd Floor, Moscone Center West
Thursday, August 9, 10:30 a.m.- 12:00 noon
Interactive media now moves at the speed of light. You can capture your daughter’s winning goal in Saturday’ssoccer match on digital video, score it with your favorite ‘80s anthem (think: “Personal Best”) and upload it to YouTube or MySpace in a matter of seconds. Before you know it, her video has become an instant Internet phenomenon. Can the law keep pace? More to the point, can you? What every lawyer parent should know, this program will also feature online demonstrations of the latest Internet media technology.
Moderator:
David M. Given, Phillips, Erlewine &
Given LLP, San Francisco, CA
Speakers:
David Anderman, Senior Director
of Business Affairs, Lucasfilm Ltd.,
San Francisco, CA
Zahavah Levine, General Counsel,
Google/YouTube, San Bruno, CA
Chris Kelly, General Counsel, Facebook.com
Palo Alto, CA
Pamela Samuelson, Richard M. Sherman
Distinguished Professor of Law &
Information, University of California
(Berkeley), Boalt Hall School of Law,
Berkeley, CA
Fred von Lohmann, Senior Staff
Attorney, Electronic Frontier Foundation,
San Francisco, CA
Tanya Greig, Vice President –
Business Affairs and Administration,
Interscope/Geffen/A&M Records,
Santa Monica, CA
Trademarks, Celebrities, and The Good Deed: Using Celebrity Branding for the Public Good
(co-sponsored by the ABA Section of Business Law, Forum on Franchising, and Sports and Entertainment Law Forum)
Room 2020, 2nd Floor, Moscone Center West
Friday, August 10, 2:00 - 3:30 p.m.
The merger of trademark law,
public service advertising and
celebrity branding has created some
groundbreaking new marketing
campaigns that raise legal issues
covering many areas of intellectual
property law. Panelists will focus
on campaigns such as the (RED)™
campaign developed by Bono and
championed by American Express,
Apple, Converse, GAP and others (and
which features numerous celebrities), to
discuss issues arising when celebrities
use their star power to promote causes
and public good, including ownership,
enforcement, right of publicity, as well
as other trademark and copyright
issues. The panel will also address
what happens when scandal strikes a
company or celebrity, and related issues
such as damage control, impact on
brand, etc.
Moderator
Helen Hill Minsker, Banner & Witcoff, Ltd., Washington, DC
Speakers
Daniel Levin, Associated Talent
Management, Los Angeles, CA
D. Peter Harvey, Harvey Siskind LLP,
San Francisco, CA
Daniel K. Feldman, Foley Hoag LLP,
Boston, MA
Representative from Corporate
Participants in the (RED) campaign
Emerging Antitrust and Misuse Theories Involving the Licensing and Enforcement of Copyrights in Cyberspace
(co-sponsored by the ABA Section of Antitrust Law)
Room 2018, 2nd Floor, Moscone Center West
Friday, August 10, 2:00 - 3:30 p.m.
The world of the Internet has
dramatically changed the way
copyrighted works are distributed and
published. Traditional and new media
today strive to find a balance between
protecting the rights of creators and
content owners and the consuming
public’s ability to communicate with
one another, new technologies—and
a few new lawsuits—directly raise the
ways in which competition principles
and the intellectual property laws are
being applied to establish what may
be a new balance between the rights
of the public and those of the content
owners.
This program will focus on these important issues in the context of new technology and major pending litigation, and will include at least the following specific topics:
(1) Traditional media and new media
in the courts, e.g., Viacom, Google, and
YouTube; the Google library project.
(2) DVRs . and time and space shifting;
and
(3) Antitrust counterclaims in
intellectual property cases.
Moderators
Carole Handler, Foley & Lardner, LLP,
Los Angeles, CA
Henry C. Su, Howrey LLP, East Palo
Alto, CA
Speakers
William Patry, Senior Copyright
Counsel, Google, Inc.,
Mountain View, CA
Mitch Singer, Chief Technology Officer,
Sony Pictures Entertainment,
Culver City, CA
Fred von Lohmann, Electronic Frontier
Foundation, San Francisco, CA
Business Success Using Open Source
Room 2020, 2nd Floor, Moscone Center West
Saturday, August 11, 2:00 - 3:30 p.m.
Open source is both controversial and
commonly used in business today. The
legal issues surrounding the use of
Open Source have continued despite
the fact that 80% of all businesses use
it. This presentation would focus on
the business models that are currently
succeeding using Open Source.
That Open Source is the basis of a
phenomenon which proceeds despite
copyright, contract, and contradictory
international law will be the focus of
this panel. Insight from those on the
front line of where Open Source is a
successful business model will be the
theme.
Moderators:
Katherine Spelman, Cobalt LLP,
Berkeley, CA
Speakers:
David Kappos, VP and Assistant General
Counsel, IBM Corporation, Markham, ON
David Marr, Sun Microsystems, Inc.,
Santa Clara, CA
Karen Copenhaver, Choate Hall, Boston,
MA. Formerly Executive Vice President
and General Counsel, Black Duck
Software, Inc.
Stephen Weber, Professor of Political
Science, U.C. – Berkeley, Berkeley, CA
Patenting Tax-Related Inventions: What's All the Fuss About?
(co-sponsored by the ABA Section of Taxation)
Room 2022, 2nd Floor, Moscone Center West
Saturday, August 11, 2:00 - 3:30 p.m.
Recent popular press reports have
focused attention on patents on
inventions for tax-related methods.
Some commentators have been critical
of these inventions while others see no
difference between these and any other
new, useful and non-obvious invention
related to a U.S. regulatory scheme.
Are patents on tax-related inventions
different? Desirable? Find out from a
panel of experts—from the U.S. Patent
and Trademark Office, industry and
private practice. Find out what’s really
been happening and hear perspectives
from all sides of the issue.
Moderator
E. Anthony Figg, Rothwell, Figg, Erns & Manbeck, P.C.
Washington, DC
Speakers
Tax attorney: Prof. Ellen Aprill, Loyola Law School
Los Angeles, CA
Patent attorney: Lynn Pasahow, Fenwick & West
Mountain View, CA
USPTO representative: Wynn Coggins, Director of Art Unit
3600, U.S. Patent & Trademark Office,
Washington, DC
Industry representative:
(Securities Industry and Financial Markets Association) IP Committe Chief IP Counsel
Goldman, Sachs & Co.
New York, NY
Litigation Skills: How Jurors Think— Crafting a Jury-Friendly Case from Start to Finish
(co-sponsored by the ABA Law Student Division and Young Lawyers Division)
Room 2018, 2nd Floor, Moscone Center West
Saturday, August 11, 2:00 - 3:30 p.m.
How do you persuade? Is there really
any difference in persuading jurors at
trial, or your opponents in mediation?
What are the parallels in preparing
for these two distinct events? Do you
understand where these finders of fact
are coming from? How they think? Do
you understand the very real changes in
the venire with regard to expectations
not only of evidence, but how it is
presented? We will take you through
the following:
- Understanding how to meet jurors
“where they are”
- Learning how finders of fact
problem solve a dispute and what
they remember most
- Identifying how your courtroom
demeanor may be helping (or
hurting) you
- Capturing the power of technology
to strengthen your case
- How to handle “the CSI affect.”—
a new juror phenomenon
- Real case studies demonstrating
the above
Moderator
Yoncha Kundupoglu, Hogan & Hartson
LLP, Los Angeles, CA
Speakers
Tara Trask, President, Tara Trask, LLC,
San Francisco, CA
Greg Glass, President, Point
Multimedia, LLC, Dallas, TX
Law firm representative, to be
announced
Arbitration and Mediation of Intellectual Property Disputes Today
(primary sponsor: ABA Section of Dispute Resolution)
Room 2004, 2nd Floor, Moscone Center West
Saturday August 11, 3:45 - 5:00 p.m.
Against the background of the rising
cost and increasingly international scope
of intellectual property (IP) litigation,
more owners of IP rights now look at
arbitration, mediation and other forms of
ADR. This program aims to explore the
circumstances in which IP owners are
prepared to use, and have used, ADR;
where they did, whether it has lived up to
their expectations by comparison to other
options; what have been some of the
practical do’s and don’ts of the processes;
and what place arbitration and mediation
take in IP dispute clauses and policies.
The program includes discussion of the
experience of the WIPO Arbitration and
Mediation Center.
Speakers:
M. Scott Donahey, Arbitrator and
Mediator
Palo Alto, California
Peter Michaelson, Michaelson &
Associates
Shrewsbury, PA
Mark Partridge, Pattishall, McAuliffe,
Newbury, Hilliard & Geraldson, LLP
Chicago, IL
Erik Wilbers, Acting Director, World
Intellectual Property Organization
(WIPO) Arbitration and Mediation
Center
Geneva, Switzerland
IP Update - Hot Topics and Recent Developments in IP Law
Room 2018, 2nd Floor, Moscone Center West
Sunday, August 12, 8:30 - 10:00 a.m.
A series of discussions on the latest hot
topics in the field of intellectual property
law sparking current discussion in the IP
world today.
Moderator
Amy Benjamin, Darby & Darby, New York, NY
Copyright
-
A synopsis of developments within
copyright law, issues such as Grokster,
the Google Library Project, the state of
the Copyright Office, etc.
Amy Benjamin, Darby & Darby,
New York, NY
Patent
-
A discussion of recent Supreme Court
cases that have implications for patent
practice, including: KSR International
v. Teleflex (Standard of Patentability;
Obviousness); eBay v. MercExchange
(Injunctions); Medimmune v. Genentech
(Standing of Licensee to sue Licensor);
NTP v. Research in Motion (The
Blackberry Case); Medtronic v. Michelson
($500M judgment to surgeon/inventor)
Laura F. Shunk, Hudak, Shunk & Farine
Co., LPA, Cuyahoga Falls, OH
Michael W. Garvey, Pearne & Gordon,
LLP, Cleveland, OH
Trademark
-
A discussion of the latest cases
interpreting the Trademark Dilution
Revision Act, as well as other
developments in trademark law,
including a discussion on domain name
disputes, keyword buys, fair use, and
parody.
David H. Bernstein, Debevoise &Plimpton LLP,
New York, NY
International Harmonization - Managing IP Assets on a Global Basis
(co-sponsored by the ABA Section of International
Law, Section of Litigation, Section of Antitrust Law,
and Section of Business Law – Intellectual Property
Committee and CyberSpace Law Committee’s
Subcommittee on Corporate Aspects of Information
Technology)
Room 2020, 2nd Floor, Moscone Center West
Sunday, August 12, 2:00 - 3:30 p.m.
Protection, enforcement, and
acquisition of IP assets occur on
an increasingly global scale as the
economy becomes more global.
The significant issues facing large
and small corporations in managing
their IP assets in the major economic
regions (i.e. North America, Europe
and Asia) as well as approaches to emerging markets (i.e. South America,
India, South Africa) will be the focus
of the panel discussion. Subtopics
may include managing outside
counsel in multiple jurisdictions, joint
development across borders, litigation
in multiple venues, and barriers
in global transactions (licensing
acquisitions). Insight and tips from the
perspective of both inhouse counsel
and outside counsel managing these
issues on a daily basis will be provided.
Moderator
Nancy Lambert, 3M
St. Paul, MN
Speakers
Michael Rodenbaugh, Senior Legal Director, Yahoo, Inc.
Sunnyvale, CA
Robert W. Sprague, Assistant Chief Intellectual Property Counsel, Healthcare Markets, 3M Innovative Properties Company
St. Paul, MN
Christen Millard, Chief Litigation Counsel, Honda R & D Americas
Columbus, OH
Valerie Calloway, Chief Intellectual
Property Counsel, Polymer Group, Inc.,
Charlotte, NC
Helping a Jury Hear and Consider Difficult or Sensitive Topics in Patent Trials
(co-sponsored by the ABA Section of Litigation,
Tort, Trial and Insurance Practice Section, and
Young Lawyers Division)
Room 2018, 2nd Floor, Moscone Center West
Sunday, August 12, 2:00 - 3:30 p.m.
Picture the trial of In the Matter of
Certain Male Prophylactic Devices (U.S.
Int’l Trade Com., tried April 2006, final
decision expected June 2007). The
patent in question has many claims
and technical terms. The inventor,
now charged with infringement, is a
medical doctor with a heavy accent.
His deposition has been transcribed
and recorded on DVD. The accused
infringer’s Ph.D. expert has not been
deposed. Exhibits range from sensitive
items and documents to demonstrative.
The courtroom is modern and well
equipped. How will you present your
case to prove infringement—taking into
account the sensibilities of the jurors?
The speakers will provide practical
takeaways from the actual trial.
Moderator
Richard P. Beem, Beem Patent Law Firm
Speakers
Paul Kozacky, Kozacky & Weitzel,
Chicago, IL
Jerome Weitzel, Kozacky & Weitzel,
Chicago, IL
Tessa Eckholm, TrialGraphix,
Chicago, IL
Patent Law Reform in the Peoples Republic of China
(co-sponsored by the ABA Section of International Law and Section of Science & Technology Law)
Room 2020, 2nd Floor, Moscone Center West
Monday, August 13, 8:30 - 10:00 a.m.
This program will discuss the proposed amendments to the PRC Patent Law. This set of amendments will be the third major modification to the Chinese Patent Law. Unlike the previous modification, this round of changes is self-initiated by the Chinese government to correct the deficiencies and inconsistencies in the current system. The proposed changes are both fundamental and far reaching, including definition for the various types of patents, abuse of intellectual property rights and the relationship with other laws such as antitrust and standards development and added provision for interpreting and enforcing issued patents.
Moderator
Elizabeth Chien-Hale, Institute for
Intellectual Property in Asia,
Fremont, CA
Speakers
Elaine Wu, U.S. Patent & Trademark
Office, Alexandria, VA
Xintian Yin, State Intellectual Property
Office of China, Beijing, China
Henry Blanco-White, Drinker, Biddle &
Reath, LLP, Philadelphia, PA
Yee Wah Chin, Ingram Yuzek Gainen
Carroll & Bertolotti, LLP,
New York, NY.
