Although I am writing this shortly after the Thanksgiving holiday, it will be early January, 2007 when you receive this issue of the Chair’s Bulletin -- the beginning of a new calendar year and a third of the way through the ABA year. (The close of the ABA Annual Meeting each August marks the beginning of the ABA year and the start of the annual term in office for all ABA appointments and elected positions, including the IPL Section’s Committee Chairs, Division Chairs, Officers and members of Council.)

This is a traditional time of year for drawing-up lists and making plans; a time to benefit from hindsight and to look forward with anticipation of what the future might bring.  In that spirit, I invite you to consider the following lists of possible IP-related developments and IPL Section openings and activities in 2007. I see these as lists of opportunities -- for you, your practice and your clients, and for maximizing your Section membership. Any resolutions you make are your own.

IP Development and Reform Efforts

• The new 110th Congress is likely to bring renewed efforts and one or more new Bills focused on reforming the Patent Act and other IP proposals that expired with the 109th Congress (the Bills proposed but not passed during the 109th Session expired when that Congress adjourned on December 9, 2006.)  At the Leadership Meeting immediately following the elections in November, Hayden Gregory told us what we might expect as a result of the change in leadership from Republicans to Democrats in both the House and the Senate. Hayden noted that intellectual property has long been a subject of congressional cooperation across party lines, and not marked by partisan differences.  He pointed out that those in leadership roles in both parties and both houses of Congress have remained strong supporters of sound IP laws through previous changes of party control, and he expects this to again be the case.
• During the Leadership Meeting in November, Donna Gies chaired a lively and informative roundtable meeting of the Division III Copyright committee chairs and the Honorable Marybeth Peters, Register of Copyrights.  That led to the development of an ambitious agenda of projects for the committees in Division III Copyrights, some relate to reforms likely to be proposed by the Copyright Office or 110th Congress and some relate to longer term planning for a major overhaul of the Copyright Act.  Interested? I suggest that you contact Donna or one of the committee chairs for more information.
• The Patent Law Reform Task Force chaired by Don Martens has continued its diligent efforts in anticipation of the 110th Congress.  At the most recent Council meetings in November and December, Task Force members Sam Helfgott, Sharon Israel, Richard Rainey and Tony Figg presented their subcommittee reports and new resolutions on various targeted issues, including the PTO’s rule making authority, awards of attorney’s fees, calculation of damages, and inequitable conduct.  Look for a revised version of the Section’s Patent Law Reform White Paper to be posted at the Section’s web site in January.
• The Supreme Court is likely to issue decisions in several cases with the potential for significant impact on patent licensing, litigation and enforcement.  For a preview of some of the issues, see the amicus curae briefs prepared by the Section’s Amicus Committee, chaired by Tony Figg,  and submitted by the ABA in MedImmune, Inc. vs Genentech, Inc. and KSR Intern Co. vs Teleflex Inc. which are posted at the Section’s web site.
• Look also for progress on several U.S. Patent and Trademark Office (US PTO) rule making proposals initiated in 2006, including proposed changes that could affect your practice and procedures with respect to patent subject matter eligibility, continuations and Information Disclosure Statements (IDS) and the Rules of Practice before the Trademark Trial and Appeals Board (TTAB). The Section’s comments on the various proposals are posted at our web page.  Those comments were also raised in December, during a meeting at the US PTO attended by The Honorable Jon Dudas, Director of the PTO, and his staff, the IPL Section (represented by Tony Figg and Hayden Gregory) and other associations.
• In the current global economy, we are also mindful of the impact and influence of law reform efforts elsewhere in the world.  For example, in 2007 we can look for action on the Gower Report in the U.K. and a revised proposal for extensive IP reform in China.  These developments are watched over by the Section’s three international committees: 102 (patent); 202 (trademark) and 302 (copyright).  Committee 102, co-chaired by Elizabeth Chien-Hale and MaCharri Vorndran-Jones, worked in co-operation with several committees in the International Law Section to prepare detailed comments on China’s proposal for patent-related reforms, which are posted at the Section’s web site. Committee 203, co-chaired by Kristine Boylan and James Vana, is currently studying China’s proposed trademark-related reforms and looking for interested IPL Section members to join them in that effort.
• In developing Section policy on these and other developments in IP, the Section faces the tension between the Section’s role as a membership organization, responsive to the interests and views of a diverse membership, and the Section’s role as part of the ABA, serving as the national representative of the legal profession. Ideas are developed and views expressed in the Section’s committees, at Council meetings and in the Business Session. Often a consensus develops. But, sometimes we do not take a position on an issue. While no member is likely to agree with all policies adopted by the Section or ABA, all members can appreciate the importance of thoughtful and enlightened analysis, the value and credibility of a balanced approach, and the power of our voice when we speak as the ABA Section of Intellectual Property Law. And, all members have the opportunity to participate in the process of developing the policies advocated by the Section.
• For many members of the Section, the high point of the year will be the Business Session, where members debate and vote on resolutions that shape the direction and particulars of Section policy for years to come. Annual Meeting Committee member Bill Lafuze is taking the lead on planning for the 2007 Business Session, which will be held on Saturday, August 11, 2007 in San Francisco. The process has already started at the committee level, with discussion and preparation of reports and proposed resolutions.  The completed reports with committee vote tallies should be delivered to the Section’s Director, Betsi Roach, by May 4, 2007, for review by the Screening Committees and distribution to the Council prior to the Classification meeting on Tuesday, June 5, 2007 in Chicago.  The meeting notice and the resolutions classified for full debate are then published in the Chair’s Bulletin in advance of the Annual Meeting.
• This issue of the Chair’s Bulletin includes announcements and calls to action from a number of committees working on projects ranging from online data security issues to harmonizing the treatment of security interests in IP assets to the focus of corporate practice. If one of these projects interests you - or if you haven’t signed up for a committee yet or if you forgot to renew you committee preference for the 2006-2007 term - you can easily sign-up on line for the committee of your choosing.

Current and Future Leaders in IP

• It was wonderful to see so many new faces and to hear their fresh ideas and diverse views during the Open Forum and other sessions at the Leadership Meeting in November (this meeting is an annual gathering of the Officers, members of Council and Chairs of the Section’s divisions, committees and subcommittees.)  Now that most of our committees are led by co-chairs, there are even more leadership positions available and more opportunities for seasoned members to be paired with and to mentor other members who have the ambition and interest to take on a leadership role in the field of IP law and practice.  These leaders are influencing the development of Section positions and IP-related ABA policy, planning the Section’s conference and web-cast programming, providing direction for publications, and shaping the future of the IPL Section.  I am gratified by the efforts of all those who stepped up to leadership roles during the current 2006-2207 ABA year.
• As the Section approaches the mid-point of the 2006 - 2007 ABA year, we have begun the process of identifying candidates for leadership positions in 2007 - 2008.  This issue of the Chair’s Bulletin includes calls for volunteers and recommendations from Chair Elect Pamela Banner Krupka (Division and Committee Chair positions).  Bob Sacoff, Chair of the Nominating Committee, reports that his committee is hard at work on a slate of nominations for Officer and Council positions and appreciates the many helpful recommendations and comments it has received from Section members.
• Young lawyers, who are interested in becoming actively involved in Section activities and future leadership, may want to apply to the Section’s Young Lawyer Fellowship Program.  This issue of the Chair’s Bulletin includes information about the program and available funding. For additional information, contact the Co-Chairs of the Young Lawyer’s Committee, Robert Fergan and Chris McGeehan.  Applications for 2007 - 2008 must be completed and submitted no later than January 19. 2007.
• Law students, who are looking for a judicial clerkship with opportunities to work on IP issues, will be interested in the article below describing the Section’s Judicial Internship Opportunity Program. For additional information, contact Sharon Israel or Robert Krupka, Co-Chairs of Special Committee 557.

2007 IPL Section Meetings

• Our annual Spring conference, the 22nd Annual Intellectual Property Law Conference, is set for April 12-14, 2007. Preliminary information on the conference can be found on the Section web site. Online registration is also available. As in the past, the Section of Science & Technology joins with us as a co-sponsor of the conference. New this year, we will also be joined by the Section of Law Practice Management, with whom we are planning special sessions. There will also be a Women’s Networking Dinner on Thursday, April 12. Watch the website for complete program details as they become available. We strongly encourage all to register and participate in this comprehensive annual conference where the hot IP issues of the day will be discussed.
• In August, the Section holds its Summer Conference in conjunction with the ABA Annual Meeting in San Francisco. Section events will be held from Thursday, August 9 through Monday August 13. A robust lineup of CLE programs are planned for the ABA Annual Meeting, and details wil be available on the Section website. Registration for the Annual Meeting is through the ABA, and online registration will be open beginning in February. The ABA Annual Meeting is the home to ABA-wide events, as well as numerous Section activities, so mark your calendars and plan to register and attend.

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The 109th Congress: Little For IP In The End
Hayden Gregory, Section Legislative Consultant

In a flurry of activity in the final week of the 109th Congress, the House of Representatives passed six intellectual property-related bills (three of which were combined in a single bill). The Senate acted on only one of the six, which it approved and sent to the President for signature. All of the other bills described below, as well as all other bills that were not approved by Congress before final adjournment on December 9, died with the adjournment.

The one successful bill was a relatively minor measure, H.R. 6338, to provide legal protection to distinctive emblems for the Red Cross-related organizations Red Crescent and Red Crystal. That fast-moving bill was introduced in the House on December 5, passed the House that same day, and was approved by the Senate on December 8.

On December 6, the House of Representatives passed S. 1785, the “Vessel Hull Design Protection Amendments of 2006”. The bill had been approved by the Senate a year earlier, on November 18, 2005.

As passed by the Senate, S. 1785 would amend the Vessel Hull Design Protection Act (17 U.S.C. 1301 et seq.) to extend the legal protection of the Act to designs of vessel decks in addition to protection of hull designs under current law.

In addition to the provisions of the bill as passed earlier by the Senate, the House amended S. 1785 to include two other House bills. As a result of these amendments, the bill was sent back to the Senate for further consideration.

The House added to S. 1785 the text of House Concurrent Resolution 319, which commemorates the Bayh-Dole Act on its 25th anniversary. The Bayh-Dole Act enables non-profit organizations and small entities to obtain patents and receive royalties for inventions that result from research and development subsidized by Federal financing.

The second House addition was the text of H.R. 5120, a bill that amends the Patent Term Restoration Act (35 U.S.C. 156) to allow the Director of the USPTO to accept a patent term extension request not later than 5 days after the expiration of the current statutory deadline, provided that the late filing is shown to be unintentional. Current law provides that such a request must be filed within 60 days from the date that the Food and Drug Administration approves the drug for use. Legislative history indicates that H.R. 5120 was designed to provide for a patent term extension for the anticoagulant drug Angiomax, concerning which the request for extension was filed one day late.

Another Bayh-Dole Act related bill, H.R. 6427, passed the House on December 8. H.R. 6427 would amend the Act to permit smaller universities and other non-profit organizations to retain a higher percentage of licensing fees and other royalties for inventions developed under the Act.

On December 5, the House approved H.R. 4742, a bill to allow the USPTO Director to waive statutory deadlines for filing and processing of patent and trademark applications in the event of a major disaster such as Hurricane Katrina.

Presidential nominations which have not received Senate approval suffered the same fate as unenacted bills. Included in this group is the nomination of former USPTO Director James Rogan to be a U.S. District Court Judge for the Central District of California. The nomination has been returned to the President, and must be resubmitted after the 110th Congress convenes on January 4, 2007 if it is to be considered further.

Although Congress adjourned after failing to pass most of the appropriations acts, including the bill (H.R. 5672) that funds the USPTO, all agencies continue to receive funding through a temporary funding measure known as a continuing resolution. This temporary funding measure expires on February 15. The 110th Congress will therefore have to complete action on funding the government for Fiscal Year 2007, which began on October 1, 2006. The House has passed H.R. 5672 with full funding for the PTO (no diversion of user fees) and the Senate Appropriations Committee has approved the same figure. It therefore appears likely that when final action is taken, the PTO will again receive full funding with no diversion. Similarly, all these funding measures provide for a one-year extension of the PTO user fee increases that were scheduled to expire on September 30, 2006, and their continuation for at least this period of time seems certain.

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TIME TO GET INVOLVED!
Sign Up For The Committee Of Your Choice...

The opportunity for committee membership is still available at this time each year. New members are welcome and all members are encouraged to get involved in the committee or committees that interest them most. Committee work in the Section is the foundation of our productive efforts. Our committees actively write, critique and comment on current and proposed policies, laws, rules and cases relating to intellectual property, plan CLE programs, and much more. Committee work usually is the basis on which the Section Council and membership take action in Congress, the U.S. Patent and Trademark Office, the U.S. Copyright Office, other agencies and the courts. The work of our committees makes a difference in advancing our profession. Active participation in committee work is professionally rewarding and educational, and provides an opportunity for members to interact with colleagues and leaders in the intellectual property bar.

As you may know, the Section is the largest and most influential organization of intellectual property lawyers in the world. We are seeking volunteers who are interested in actively participating in the Section’s committee work for the next year.

When you fill out the committee preference form, please be sure to include your email address for committee communications. Timely, active, and effective participation in the work of the Section’s committees requires electronic communication among committee members and electronic voting on the committee’s reports and resolutions. Please also visit www.abanet.org/abanet/common/MyABA/home.cfm to update your contact information. Committee work is beginning now, so be sure to join right away. We look forward to working with you to keep our Section a leader on IP issues.

 

Nominations Being Considered For Division And Committee Chairs

Section Chair-Elect Pamela Banner Krupka is currently considering applications and nominations for division and committee chair appointments. A recommendation form for these positions can be found on the Section web-site, along with complete information on procedure. All current division and committee chairs are invited to make recommendations, including placing their own names forward, for these positions. To make a recommendation, visit www.abanet.org/intelprop/newappts/appointments1.html

 

Online Security And E-Privacy (Committee 711)
Ready To Make a Difference
Marc Temin and Michael Parks, Co-Chairs

We are a new committee designed to address matters relating to online security and e-privacy.  The rapidly changing nature of the Internet and growing importance of e-commerce have resulted in a new breed of privacy and security issues. In our first year as a committee, we hope to provide a solid foundation for future years by providing substantive reports in three areas. 

First, we will examine existing and pending legislation as well as case law relating to online security and e-privacy, focusing on problems that need to be addressed such as identity theft, data profiling and fraud. We will analyze how the current law deals with these issues, if at all, and provide recommendations on those areas that need to be further addressed.

Second, we will review existing laws relating to the four fair information practice principles - notice, choice, access and security - and consider whether federal legislation should be adopted to require commercial websites to comply with these four principles.

Finally, we will explore issues relating to informed online consent. Given that most consumers do not read much less understand the click-through-agreements they agree to be bound by online, and have little knowledge of issues such as data mining and profiling, we will study topics such as the level of user knowledge that should be required for online consents, how to obtain effective consent when many users may not adequately understand the nature of consent given, and whether online vendors should be required to provide tiered levels of consent in certain cases. We also will explore whether we need a different standard for informed consent in the online world.

We are excited about the projects we have planned for our first year, and expect our committee’s work to be challenging and rewarding. If you’d like to join us, please contact Marc Temin at mkt@foleyhoag.com or Michael Parks at mparks@kirkland.com.

 

Corporate Practice Committee (Committee 511)
Set To Change Focus
Nancy Lambert and Kari Moeller, Co-Chairs

The Corporate Practice Committee has several goals for the coming year to change the focus and direction of the committee. First, we would like to give better definition to the scope of the Corporate Practice Committee. As you may know, the scope of the Committee is currently defined as covering all aspects of intellectual property practice unique to corporate practitioners that do not specifically fall within the scope of another committee. We intend to develop and seek approval of a change in the scope that focuses more on the function of the committee as a representative voice for corporate interests in the Section. 

Second, we are working to increase involvement of corporate counsel in the activity of the Section. As a financial incentive, the Section Council has approved a reduction in registration fees for corporate counsel to encourage attendance at meetings that will be effective for the 22nd Annual Intellectual Property Law Conference on April 12-14, 2007 in Washington D.C. We also hope to make use of the committee listserve to gather corporate input on Section activities.  

Third, we hope to increase the substantive input from and communication with other committees within the Section. We would like to designate corporate practitioners that are members of the Corporate Practice Committee who also serve as liaisons on at least one committee within the other Divisions. In addition, the committee will sponsor and/or staff a panel of corporate practitioners for at least one Section meeting per year. The panel will focus on corporate examples of addressing and implementing legal issues in all aspects of intellectual property.
We are currently planning a panel on international intellectual property issues for the Summer IPL Conference, which will be jointed with the larger ABA Annual Meeting in San Francisco on August 9-13, 2007. We are also considering the possibility of hosting a panel or reception at the 22nd Annual Intellectual Property Law Conference on April 12-14, 2007 in Washington, D.C. 

If you are interested in participating as a member of this Committee, please visit http://www.abanet.org/intelprop/committees.html. If you are interested in serving as a corporate liaison with another substantive committee within the Section, or participation in organizing/speaking at a Section meeting, or have questions regarding involvement in this Committee or the Section in general, please feel free to contact Nancy Lambert at nlambert@mmm.com or Kari Moeller at kari.moeller@turner.com. We gladly welcome suggestions from you for subcommittee topics and other projects that we should consider.

 

Inter Partes (Committee 104)
Re Exam Filings Continue To Rise
Joseph D. Cohen Subcommittee 3 (Inter Partes Reexamination), Committee 104

Rumors have circulated in the IP community that inter partes reexamination requests recently plateaued, or even decreased. But information compiled by Committee 104, co-chaired by Herbert D. Hart and Donna M. Meuth, shows that use of inter partes reexamination continues to grow.

FY	inter partes requests received
2001	1
2002	4
2003	21
2004	27
2005	59
2006	70

Subcommittee 3 monitors, and compiles empirical data on, inter partes reexaminations. This data shows that in FY06, the PTO received 70 inter partes requests, up from 59 received in FY05. (These numbers use the date the PTO first receives the request, rather than the assigned filing date. Because of a change in PTO practice in 2006, the receipt date yields a more accurate comparison with prior years’ numbers.) This year, we will look for ways to improve inter partes reexamination so that it becomes even more useful to the IP community and the public.

 

 

 

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Promotions And Marketing Law (Committee 463)
Looking For Active Year
Liisa M. Thomas and Nishan Kottanhachchi, Co-Chairs

Special Committee on Promotions and Marketing Law (Committee 463) is looking forward to an active and interesting year. The committee is divided into five subcommittees, which will each examine different areas of promotions and marketing law. Subcommittee A, Promotions, led by Andra Dallas, will focus on the issues of scratch-off-games and state gift card laws.  Subcommittee B, Advertising, led by Lisa Brooks-Hammond, is considering a focus on legal issues relating to food advertising. Subcommittee C, Interactive Advertising, led by Cassi Kinkead, will examine the laws regulating text message and fax advertising.  Subcommittee D, Trademark and Copyright Related Matters, led by Seth Appel, will look at the Trademark Dilution Act and its possible impact on promotions, marketing, and advertising. Subcommittee E, Right of Publicity, led by Brian Murphy, will look at recent issues involving branded entertainment and copyright preemption on right of publicity claims.

 

IP Security Interests (Committee 465) Following Developments At U.N.
David Wille and Sean F. Kane, Co-Chairs

The Special Committee on IP Security Interests has been following developments at the United Nations on potential harmonization efforts. The methods of how IP security rights are handled are currently being subject to potential change due to a UNCITRAL meeting in Vienna in January. A recent UN convention has determined that all security rights will be dealt with in the same fashion but did not take into account that IP rights are usually dealt with much differently than other security interests. After enacting the regulation it learned about its error and is attempting to define things differently in the instructions on enforcement of the regulations. Sean Kane will be attending the meeting and has been dealing with various other interest groups in looking into how things may be changing and what should be suggested.

 

Software Technology (Committee 701) In The News
George W. Jordan III and Kelly G. Hyndman, Co-Chairs

The impact of software technology on intellectual property is making a very active year for the Software Technology Committee.

The Extraterritoriality subcommittee, led by David Shofi, kick started its initial activities by considering the impending Supreme Court review of the AT&T v. Microsoft case. The legislative history, court opinions and briefs are contributing to lively debates. Complicating the debate is the identifiable difference between software development and traditional R&D of "tangible" technology. Further discussion is planned internally and with other committees.

The Patentability of Software subcommittee, led by David Cox and Vince Cogan, is addressing the difference between the speed of software innovation and the ability of the law and the USPTO to define what is patentable. The In re Lungren decision and the recent USPTO guidelines are informing work toward a future ABA panel discussion of the challenges facing industry, inventors, jurists, and the Patent Bar as they struggle to cope with software patenting.

The cost to society of software related patent suits has been a topic of increasing interest, especially in the case of non-producing patentees. The software patent “trolls” subcommittee, led by Yar Chaikovsky, continues to consider what kind of roundtable discussion might be most interesting to the ABA, possibly in cooperation with other section committees.

The PTO Software Backlog sub-committee, led by Jennifer Brooks and Heidi Riviere, is focusing on the PTO's backlog of software related applications, and discussing several resolutions. These involve changing the law to encourage applicants to share the examination burden and submit search reports to explain inventive differences from the prior art (similar to the new Accelerated Examination Procedure). The changes include eliminating the estoppel effects of such submissions, and repercussions for unintentionally mischaracterizing prior art. Another resolution may favor giving the USPTO power, in severely backlogged units, to require such shared-burden submissions.

 

International Trademark Treaties And Laws (Committee 202)
Updates On The Chinese Trademark Law
Kristine Boylan and James L. Vana, Co-Chairs

International Trademark Treaties and Laws (Committee 202) is engaged in the review of proposed revisions to the Chinese trademark law. This is an important project. The Chinese Trademark Office Director recently emphasized China's interest in receiving comments from groups like ours in a recent meeting with our Section Division II Chair Tom Brooke.

We have divided up the proposed law by topic for the purpose of providing focused comments for each area: 

• Disputes - litigation (including available relief), oppositions/cancellations, appeals 
• Grounds for refusal - similarity, descriptiveness, geographic indications, non-use 
• Assignment/Licensing - form, associated marks, record requirements 
• Application/prosecution procedure - form of application, refusal/response procedure, priority/international application/registrations 
• Scope of Protection - definition of a trademark, color marks, 3D marks, certification and collective marks, famous/well known marks      

Committee 202 welcomes input and participation from any Section member. Contact one of the Co-Chairs, Kristine M. Boylan at kboylan@merchant-gould.com or Jim Vana at jvana@perkinscoie.com, for more information.

 

Copyright Office Affairs (Committee 303)
Provides Valuable Opportunity With Annual Copyright Meeting
Brett Miller, Chair

The Section’s annual meeting with the Register of Copyrights and other senior staff at the U.S. Copyright Office will take place on Tuesday, February 27, 2007. This meeting provides Section members a valuable opportunity to interface directly with Copyright Office officials and get an up-to-date report of the status of the Office, new developments, and the issues the Office is currently grappling with.

The meeting is scheduled from 9:30 a.m. to 1:00 p.m. in Conference Room 1118-A/B on the 11th Floor of the U.S. Copyright Office, currently located at 2221 South Clark Street, Plaza 6, Crystal City/Arlington, Virginia. Seating is limited, so if you would like to attend, please contact Brett Miller, Chair of Committee 303 at 202.739.5846 or e-mail bmiller@morganlewis.com.

 

Attention Committee And Division Chairs:
Your Leadership Handbook Is Now Available!

Portions of the Section Leadership Handbook have been updated for 2006-2007 and are now available at www.abanet.org/intelprop/leadhandbook.html. The Section Manual, Committee Scopes, Leadership Directory and Past Action are all new this year – so bookmark this page now!

This site is vital as it contains several documents that will be helpful to you this year. In particular, please note the Section Manual contains the format for your committee report – starting on page 29 – with the voting specifics listed on page 30.

Hard copies of the Section Leadership Handbook have been distributed to Committee and Division Chairs who attended the Fall Leadership Meeting and mailed to those who were not able to attend. If you need an additional copy, please contact Beverly Banks at 312.988.5598 or banksb@staff.abanet.org.

BNA Announces 2006 Book Supplements:

BNA Books is pleased to announce the publication of the 2006 Supplements to our distinguished intellectual property law titles — Patent Litigation Strategies Handbook, Second Edition and Trademark Infringement Remedies. Both treatises and supplements are written by fellow Section members and are published in cooperation with BNA Books.

Barry L. Grossman and Gary M. Hoffman are the Editors-in-Chief of Patent Litigation Strategies Handbook, Second Edition and the 2006 Supplement. The treatise provides a strategic focus on litigation, guidance on how to resolve a patent dispute efficiently and effectively, and perspectives from a wide range of experts.

Brian E. Banner is the Editor-in-Chief of Trademark Infringement Remedies and the 2006 Supplement. This “must-have” resource provides detailed analysis of such topics as all forms of injunctive relief, extraordinary circumstances for relief, defendant’s profits, attorney’s fees, special enforcement remedies, and trademark infringement and unfair competition on the Internet.

For more information on these authoritative treatises, including updates covered in the 2006 Supplements, and to place your order, click here.

 

Introducing The ABA-IPL Young Lawyers Fellowship Program

The ABA Section of Intellectual Property Law is pleased to announce we are accepting applications for our Young Lawyers Fellowship Program. This specialized program is designed to encourage young lawyers to become actively and integrally involved in the Section's committees and future leadership. The Section is now in the process of seeking nominees to fill two three-year positions in the Fellowship Program.

The Fellowship Program provides young lawyers the opportunity to participate in key leadership meetings and participate in committees that contribute significantly to the development of our system for the protection of intellectual property rights. The selected fellows will receive funding of up to $1,500 per year, for three years, to attend the IPL Section’s meetings.

If you are a proven leader in the ABA Young Lawyers Division (YLD), the IPL Section’s Young Lawyers Committee, or your local intellectual property or young lawyers bar associations, you now have the opportunity to become an important part of the future for the Section of Intellectual Property Law. Participants in the Young Lawyers Fellowship Program will be expected to attend the IPL Fall Leadership Meeting and Annual Intellectual Property Law Conference (held each spring) for three consecutive years, as well as, participate in any stand-alone meetings of their committees.

Please contact Robert Fergan for more information and details at (734) 302-6036 or rfergan@brinkshofer.com. All applications must be received no later than January 19, 2007 to be considered.

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Judicial Intern Opportunity Program (JIOP) Delivers Its Year-End Report

Program Highlights

We have closed this year’s program with many new accomplishments.  It was an incredibly successful year. We had 402 applications and placed 172 students with 118 participating judges.    

The program now includes the following sites: Illinois; Texas; Miami, FL; Phoenix, AZ; and Los Angeles, CA. Program orientations and receptions were held in all program sites. In addition, and new this year, students were invited to a variety of supplemental program events sponsored by local law firms and bar associations. Plans to expand the program to other California locations and Washington, DC for summer 2007 are underway.

Intellectual Property Program Highlights

We are beginning to see the results of this program and all that it can do. This class of student represents a significant intellectual property expansion and focus, specifically in the intellectual property-focused Eastern District of Texas. 

A total of 56 students expressed an interest in an intellectual property-specific position and we were able to place 24 of those students with judges this year. That number grew from the 14 placed last year. Six of those students were placed in the newly expanded Eastern District of Texas. 

Many of those positions (Illinois and Texas) offered those students an opportunity to do specific intellectual property work while serving their judge. These opportunities were made possible by additional support from the Eastern District of Texas Bar Association and the State Bar of Texas’ Intellectual Property Section and through the fundraising efforts of the Section’s intellectual property co-chairs.

The program was marketed to all law schools, deans of law schools, ABA entities and is linked to a variety of websites. Applicants represented 104 different law schools, with 65 different law schools having students placed in the program. We created a site where students were able to communicate with each other throughout the summer and use those distributions to announce supplemental summer programming for students.

Our partnerships have expanded and flourished. We continued our partnership with the Illinois Judges Association to expand the Illinois program and have created a good working relationship with the Illinois State and Chicago Bars. We have also developed a wonderful working relationship with the Arizona State Bar and the Arizona Bar Foundation. We hope to continue those relationships. Members of other local bar associations have been involved in our orientations and welcome receptions as speakers and sponsors.

Students continue to tell us that along with the stipend, the value this program brings to them is greatly enhanced by the screening interviews done at the onset of the program, along with the information received during the orientations and networking done at welcome receptions. We will continue to develop our partnerships and create a place for local involvement and exposure for the students. Members of the Section of Litigation, Section of Intellectual Property Law and their colleagues conducted 402 face-to-face screening interviews. That level of commitment to this program is to be commended.

The involvement of law firm sponsors in locations has allowed us to expand the program and have some very successful fundraising efforts. We will be working to enhance our fundraising in Chicago and Texas, and as we work to fund new expansion areas.

2006-2007 Program Plans

Plans for the summer 2007 program are to bring the program to new cities in California and Washington, DC.  We will begin to develop these plans through our rollout committees to bring the program to Washington and California.  Our goal for Washington, DC is to launch with a minimum of 15 placements. Five of those placements will be in intellectual property. 

We will work to find ways to incorporate the past JIOP alumnae into the program, the ABA and into the Sections. We will also develop a five-year working plan through strategic meetings held this summer and will recommend to council in the fall our suggestions for future development of this program.

 

Brand New "What Is" Series Now Available!

Whether you are an experienced IP lawyer who needs detailed analysis or a generalist who needs guidance on IP issues, the newly-printed “What Is” series is your source for practical legal information. Go to www.abanet.org/intelprop/ or visit the ABA Web Store at www.abanet.org to purchase your copies of “What Is a Trademark?”, “What Is a Patent?” and “What Is a Copyright?”

Here is a brief description of what you will find inside each volume of this informative new series:

What is Copyright?

The roots of copyright protection extend several centuries to the early days of the printing press. A copyright is a property right in an original work of authorship that is fixed in tangible form. This book covers:

• What Is a copyright?
• What can be copyrighted?
• Ownership of copyright
• Digital Millennium Copyright Act
• Duration of a copyright
• Statutory formalities of copyright
• Infringement
• Fair use
• Remedies
• Criminal offenses

What Is Patent?

Our concepts of patents came from England and were written into our Constitution. A Patent includes three essential components: drawings, a specification, and claims. Read this book and learn:

• Types of patents
• The value of patents
• What is patentable
• How to obtain a patent
• Enforcement of patents

What Is a Trademark?

Two hundred years ago, trademark protection was but the poorer cousin to the patent and copyright systems. Today, trademarks may be protected under both state and federal statutes, as well as common law. Read this book and learn:

• The nature of a trademark
• Trademark distinction requirements
• Trademark registration
• How to use a trademark
• Trademarks as property

ABA Techshow 2007 / Bar Association Discount Program Set For March 2007

The ABA TECHSHOW 2007, the world’s premier legal technology conference and expo, will be held on March 22-24, 2007 at the Sheraton Chicago Hotel and Towers. This three-day conference offers more than 50 legal technology programs and training sessions. The two-day expo features more than 100 legal technology vendors.

The ABA TECHSHOW Planning Board would like to help promote the show by offering Section members a $100 discount off of the regular registration rate. When coupled with the $200 Early Bird Discount for early registration, this program promoter discount will allow all members to receive a $300 discount off of the full conference registration fee. In return, the Planning Board is asking members to promote the show to the best of their ability.

To find all downloadable materials for promotion, please visit www.abanet.org/techshow/promoters/media.
To register, simply visit the ABA TECHSHOW website at www.techshow.com. If you have additional questions, please contact Laura Calloway at the Alabama State Bar at pmap@alabar.org or call 334-269-1515.

 

Texas International Property Law Journal To Host IP Symposium

The Texas Intellectual Property Law Journal will be hosting their 8th Annual IP Symposium on Friday, February 9, 2007 at the UT Law School in Austin, TX.  The Symposium will cover a broad range of topics, including a Patent Reform panel and a Keynote speech by the Commissioner of Trademarks, Lynne G. Beresford.  Speakers include practitioners, academics, and judges. For more information or to register for the IP Symposium, visit our website at www.ipsymposium.com.

24th ANNUAL LEI NATIONAL CLE CONFERENCE SET FOR JANUARY

The 24th Annual LEI National CLE Conference will take place January 5-10 in Snowmass Village in Aspen, Colorado. Where education comes first ... the world-class ski resort is just a bonus! This year’s program highlights include:

• Live programs with top-notch speakers — among the best
  lawyers in the country!
• Cutting-edge topics
• 18-22 CLE credits, plus ethics credits
• Opportunities for open discussions
• Networking with fellow attorneys
• Outstanding resort location
• Early morning and late afternoon CLE schedule allows time to enjoy
  the surroundings
• Special Snowmass Village lodging discounts located at one of the nations
  top-rated ski destinations

Earn CLE while you ski! For all information and full registration details, please visit www.lawedinstitute.com