: Wednesday,
April 13 |
(Subject to change.) |
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| WEDNESDAY
APRIL 13, 2005 |
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| 8:45 a.m. – 5:00 p.m. | Practical Tips on Intellectual
Property Law Separate registration required. See www.abanet.org/intelprop/2005ptips_dc/home.html for further details on this one-day program and to register online. |
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| 5:00 – 8:00 p.m. | Open Registration
and Check-in and Chilli Reception Stop by on Wednesday evening to check-in early before the start of programming on Thursday morning. Avoid standing in long lines on Thursday morning by checking in early and picking up your conference materials the evening before. A special chili reception will be offered, with a variety of chili recipes available for sampling, along with other treats and cocktails. Enjoy this chance to check-in early, gather with your fellow IP practitioners, and exchange ideas before the conference officially commences on Thursday morning. |
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| THURSDAY
APRIL 14, 2005 |
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| 7:30 a.m. – 5:00 p.m. | Registration
and Check-in |
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| 8:30 – 10:00 a.m. Two General Sessions |
I Getting Quick Relief
Against an Infringer: The ITC, A Preliminary Injunction, or a Rocket
Docket?
The panel will discuss the three different ways of trying to obtain quick relief from an infringer: filing a Section 337 case at the International Trade Commission, filing for a preliminary injunction, or filing in a rocket docket. The panel will discuss the advantages and disadvantages of each of these strategies and will also consider some of the reasons for the recent growth in the ITC docket. Administrative Remarks Monique Morneault, Wallenstein Wagner & Rockey, Ltd., Chicago, IL. Program Co-Chair. Welcome Remarks Moderator Speakers II Recent Developments in the Protection
and Use of Databases Administrative Remarks Welcome Remarks Moderator Speakers |
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| 10:15 – 11:45 a.m. Three Concurrent Breakout Sessions |
I The
Patent System in Transition– Lots of Moving Parts This session will be available via ABA-CLE
Teleconference from 10:15 - 11:45 a.m.
Change is being urged from many quarters for US Patent law and practice. Major institutions of government and the IP bar are actively promoting various agendas. This panel will analyze many of the proposals for change and assess their merits. Panel Program Chair Moderator Speakers II Open Standards—The
Coming Storm In Information Technology and Bioinformatics Moderator Speakers III Corporate Identity Value -- The Valuation
of Goodwill and Trademarks Moderator Speakers Eduardo Carreras, Partner, Perception Partners, Atlanta, GA Daryl Martin, CONSOR, La Jolla, CA |
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| 12:00 – 1:30 p.m. | LUNCHEON (tickets required) Guest Speaker: George Galt Director of Business Affairs, The Associated Press, Washington, DC  George Galt is in charge of licensing and protecting
AP’s intellectual
property. Before joining AP three years ago, he was an associate at
Drinker, Biddle & Reath, LLP. He practiced copyright and trademark
law, specializing in legislative, licensing and enforcement issues.
Previously he was the deputy press secretary for the United States
House of Representative’s Subcommittee on Telecommunications
and Finance, and has also worked as a freelance computer programmer.
He received his bachelor’s degree from the University of Colorado
at Boulder and his law degree from American University. He is a member
of the District of Columbia and Massachusetts bars. |
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| 1:45 – 5:00
p.m. General Sessions |
Stephanie M. Foster, Associate Counsel, Pearson Education, Inc., Upper Saddle River, NJ | ||||||||||||
| 1:45 – 2:45 p.m. | Trademark Trial and
Appeals Board: Year in Review Speakers John L. Welch, Foley Hoag LLP, Boston, MA Hon. Carlisle Walters, Trademark Trial and Appeal
Board, U.S. Patent & Trademark
Office, Alexandria, VA |
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| 2:45 – 2:50 p.m. |
Break | ||||||||||||
| 2:50 – 3:50 p.m. | Fair Use and Initial
Interest Confusion: Key Issues for the FutureThis portion of the Trademark Hot Topics panel, on Fair Use,
will be available via ABA-CLE Teleconference from 1:45-2:45 p.m. The question of when it is permissible to use another party's trademark as well as the role of initial interest confusion in determining trademark infringement are critical to many developing cases such as key word sales and sponsored search listings. The Supreme Court will issue a ruling on fair use during this term. The panel will explore these issues and the implications for your practice. Speakers Elizabeth H. Cohen, Arent Fox PLLC, Washington, DC |
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| 3:50 – 4:00 p.m. | Break |
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| 4:00 – 5:00 p.m. | The Use and Misuse of "Use in Commerce" The question of when a mark is actually in use in the United States has become increasingly important with the advent of global marketing and on-line sales without borders. On one end of the spectrum, the Fourth Circuit has made it much easier to prove use in interstate commerce while other courts have found in favor of defendants because they found the defendant had not used the mark in commerce. Learn more about how these changing definitions may affect your practice. Speakers Jason A. Cody, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., Alexandria, VA Robin Smith, Counsel, LEGO Systems, Inc. |
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Three Concurrent Breakout Sessions |
I Political Parody:
IP Owners Aren't
Laughing
What unique trademark and copyright issues arise when intellectual property is “borrowed” for use in advertising for political purposes? Should such use of others’ intellectual property enjoy immunity as fair use under the trademark and copyright law? Or are there limits to the kind of copying that can be done in this context? How have courts defined the scope of permissible use for political advertising? Have IP owner’s needs been adequately addressed, or are IP owners being over-zealous in enforcing their rights? Moderator Speakers Paul V. LiCalsi, Sonnenschein Nath & Rosenthal LLP, New York, NY Jeanne Hamburg, Norris McLaughlin & Marcus, P.A., New York, NY II The Exploding European Practice Moderator Speakers Colin Philpott, Principal Director Methods, European Patent Office, Munich, Germany III The Party is Not Over: Intellectual Property
Exclusions in CGL Policies May Not Limit Coverage as Drastically
as Insurers Contend Facilitator |
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| 3:00 – 5:00 p.m. Breakout Session |
IV Trade Secret Law Moderator Barry L. Cohen, Thorp Reed & Armstrong, LLP, Philadelphia, PA Speakers H. Alan Rothenbuecher, Schottenstein Zox & Dunn, Cleveland, OH R. Mark Halligan, Welsh & Katz, Ltd., Chicago,
IL |
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| 3:00 – 5:00 p.m. General Session |
Current Trends in Patent Law, Litigation, Prosecution,
Licensing and Settlement This panel will provide an update on current trends in patent law, including a review of the Federal Circuit's decisions during the past year, lessons learned trying patent cases, developments in patent prosecution, and a discussion on recent issues in litigation, licensing and settlement. Moderator Speakers The Thirty Years (of) War: Lessons Learned Trying Patent Cases Developments in Patent Prosecution Licensing with an Eye Toward Litigation - An Updated View Patents in the Crosshairs: Saving the Validity of your Patent |
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| 5:30 – 7:00 p.m. | RECEPTION |
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| FRIDAY APRIL 15, 2005 |
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| 8:00 a.m. – 5:00 p.m. | Registration and Check-in |
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| 8:30 – 10:30 a.m. General Session |
The Inside View on Judicially Assisted ADR To alleviate the increasing congestion on court dockets, more and more jurisdictions, both at the federal and state levels, are requiring or encouraging ADR as part of their local rules of procedures. These judicially assisted ADR programs are seeing more success, and provide litigants and counsel alike with opportunities to settle at various points in the litigation that they otherwise would not have. This program panel provides the inside view on such programs, the judiciaries’ view on the process, and the strategies that litigants can use to reach a successful outcome for all parties involved in the process. Moderator Speakers Hon. Mary Pat Thynge, Magistrate Judge, U.S. District Court for the District of Delaware, Wilmington, DE Hon. Donald F. Parsons, Jr., Vice Chancellor, Delaware Court of Chancery, Wilmington, DE Kenneth K. Cho, Principal Attorney, Philips Intellectual
Property & Standards,
Briarcliff Manor, NY |
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8:30 – 11:45 a.m. General Session |
Intellectual Property and Virtual Worlds This panel will begin with a demonstration of the latest in virtual world and massively multiplayer game technology as well as an introduction to Machinima, the art of making films using videogame technology. One of the fastest growing segments of the entertainment software market, these graphically rich and interactive platforms emphasize the creation of original intellectual property by their users. The emergence of this technology and the trade in virtual goods to which it is giving rise is resulting in thorny questions about the appropriate legal treatment of intellectual property created within the game as well as the treatment of off-line intellectual property imported into the digital environment. Moderator Speakers James Grimmelmann, Student Fellow, Information Society Project, Yale Law School, New Haven, CT Dan Hunter, Assistant Professor of Legal Studies, The Wharton School, Law Department, Philadelphia, PA Greg Lastowka, Assistant Professor of Law, Rutgers University School of Law, Camden, NJ Cory Ondrejka, VP of Product Development, Second Life, Linden Lab, San Francisco, CA David R. Johnson, Visiting Professor, New York
Law School, Washington, DC |
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10:45 – 11:45 a.m. |
I Latest Developments in Electronic
Filing Moderator Speakers Maria Eliseeva, Houston Eliseeva LLP, Lexington, MA II Mining Uncle Sam's
IP Portfolio: Strategies for Commercializing Government IP Moderator Speakers Kathi Kedrowski, Partner, Leader of Intellectual Assets Solutions Practice, Ernst & Young Global Investigations and Dispute Advisory, Chicago, IL III Using Intellectual Property to Combat Bioterrorism Moderator Speakers Tim Westmoreland, Visiting Professor of Law, Research Professor of Public Policy, Georgetown University, Washington, DC |
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| 12:00 – 1:30 p.m. | LUNCHEON (tickets
required) Guest Speaker: Stephen M. Pinkos Deputy Undersecretary of Commerce and Deputy Director of the U.S. Patent and Trademark Office, Alexandria, VA  Stephen
M. Pinkos was sworn in as Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States Patent and Trademark
Office (USPTO) on August 9, 2004. Secretary of Commerce Donald L.
Evans appointed him to the position. Prior to joining the USPTO, Mr.
Pinkos was Staff Director and Deputy General Counsel for the House
Judiciary Committee. In that capacity he worked on a number of intellectual
property related issues including legislation implementing the USPTO
21st Century Strategic Plan, IP piracy, Madrid protocol implementation,
copyright arbitration, web casting and database protection.
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| 1:45 – 5:00 p.m. General Session |
Procuring and Enforcing Intellectual Property
Rights in the People's Republic of China Moderator Elizabeth Chien-Hale, Institute for Intellectual Property in Asia, Fremont, CA Speakers Mark Cohen, IP Attache, U.S. Embassy, Beijing Economic Section, Beijing, China Lulin Gao, President, All-China Patent Agents Association, and former Commissioner of the State Intellectual Property Office, Beijing, China Albert L. Jacobs, Jr., Chair, National Intellectual Property Practice, and Co-Chair, National Life Sciences Practice, Greenberg Traurig LLP, New York, NY Hon. Judge Zhonglin He, People’s Supreme Court of the People’s Republic of China, Beijing, China (invited) Naomi Abe Voegtli, Global IP Pacific-Rim Asia, SAP AG, Walldorf,
Germany |
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1:45 – 3:15 p.m. |
I IP Litigation 101– Financing
and Budgeting Moderator Speakers Sue R. Halverson, Vice President, Intellectual Property
Litigation, Medtronic, Inc., Minneapolis, MN Moderator Speakers Andrea Rush, Heenan Blaikie LLP, Toronto, ON, Canada Andrew L. Deutsch, Piper Rudnick, LLP, New York, NY III Liabilities on the Internet:
Congress Grapples with P2P Technology Ralph Oman, Dechert LLP, Washington, DC Speakers Jule Sigall, Associate Register of Copyrights for Policy and International Affairs, U.S. Copyright Office, Washington, DC Alan Davidson, Associate Director, Center for Democracy & Technology, Washington, DC Steven Marks, General Counsel, Recording Industry Association of America, Washington, DC |
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| 3:30 – 5:00 p.m. General Session |
Improving Your Markman-ship: Hitting the Bullseye
on Claim Construction Increasingly, Markman proceedings have become the be-all and end-all of patent litigation. Cases are won and lost at Markman, and rarely make it to trial any longer. A panel of Markman experts, including judges, patent litigators, clients, and academics, discuss the strategies that lead to winning claim construction, the use of tutorials and experts, the presentation of dictionary definitions, the use of effective visual aids, and the interplay with dispositive motion practice. Moderator Speakers Hon. T. John Ward, U.S. District Court for the Eastern District of Texas, Marshall, TX Claire Laporte, Foley Hoag, LLP, Boston, MA |
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| 6:30 – 7:15 p.m. | RECEPTION |
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| 7:15 – 9:30 p.m. | IP LAW DINNER
(included in registration fee)
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| SATURDAY, APRIL 16, 2005 |
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| 8:00 a.m. – 11:00 p.m. | Registration and Check-in |
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8:30 – 11:45 a.m. |
I Maximizing
the Return on Your IP Assets Moderator Speakers Donald Davis, Managing Director and General Counsel, ipCapital Group, Inc., Williston, VT Gary M. Hoffman, Dickstein Shapiro Morin & Oshinsky, LLP, Washington, DC II Knorr-Bremse:
The Federal Circuit Puts the Brakes on the Willfulness Game Moderator Speakers Brian P. Barrett, Patent Counsel, Eli Lilly Company, Indianapolis, IN Joel W. Nomkin, Perkins Coie Brown & Bain, P.A., Phoenix, AZ Richard P. Beem, Beem Patent Law Firm, Chicago, IL Hon. Randall R. Rader, U.S. Court of Appeals for the Federal Circuit, Washington, DC Hon. James R. Holderman, Jr., U.S. District Court for the Northern District of Illinois, Chicago, IL (invited) III Preparing to Prevail: Preliminary
Injunction Practice Pointers Moderator Speakers Hon. James M. Rosenbaum, Chief Judge, U.S. District Court for the District of Minnesota, St. Paul, MN Edward G. Lance, Corporate Tradenark Counsel, S.C. Johnson & Son, Inc., Racine, WI Craig S. Summers, Knobbe, Martens, Olsen & Bear, LLP, Irvine, CA Philip C. Swain, Foley Hoag, LLP, Boston, MA Eric Lamison, Kirkland & Ellis, LLP, San Francisco, CA IV Conflicts of Interest
and Ethics for the Intellectual Property Lawyers in the post-Enron
Era (ethics credit available) Moderator Speakers David Hricik, Assistant Professor, Mercer University School of Law, Macon, GA Douglas R. Richmond, Senior Vice President, Aon Risk Services, Professional
Services Group, Chicago, IL |
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| 12:00 noon – 1:30 p.m. | BUFFET LUNCHEON (tickets required) | ||||||||||||
Co-sponsored by the ABA Section
of Science & Technology Law
Sarah B. Deutsch is Vice President and
Associate General Counsel for Verizon Communications. Her practice
covers legal issues in the area of global Internet policy, including
liability, privacy, intellectual property policy and Internet jurisdiction.
She currently represents Verizon on a host of domestic and international
Internet issues ranging from digital rights management, the RIAA
v. Verizon litigation, Europe’s IPR Enforcement Directive,
ICANN, and legal issues arising from other Internet-related legislation
and litigation. She served as Private Sector Advisor to the U.S.
Delegation to the World Intellectual Property Organization 1996
Conference on the WIPO Copyright Treaties. She was one five negotiators
for the U.S. telecommunications industry in the negotiations that
resulted in the passage of the Digital Millenium Copyright Act.
