Law and Technology

Recorded Event: 59th Annual Conference On Intellectual Property Law

Recorded Event

TX CLE Credit Available

Registration Open

Details for connecting to the recording will be sent shortly after you register. Please allow 1 business day to process your registration. If you registered but did not receive a link, please email ILT.

Registrar: +1.972.244.3404
ILT: +1.972.244.3437
Fax: +1.972.244.3401
E-Mail: ilt@cailaw.org

Overview

Missed our virtual conference November 8–9, 2021, the 59th Annual Conference on Intellectual Property Law? The presentations were recorded and will be made available to view online for a limited time!

  • This virtual event was two days of fantastic lectures—as Larry Bassuk (Vice Chair of the ILT Advisory Board) puts it “[This program] brings together law and technology, business and legal people from major markets of the world with quality presentations and insights.”
  • Great program for both new and experienced lawyers wanting to learn and stay on top of the latest developments in Intellectual Property Law.
  • Texas CLE available!

Details for connecting to the recording will be sent shortly after you register. Please allow 1 business day to process your registration. If you registered but did not receive a link, please email ILT

Before registering for the Recorded Program, please read this note:

Thank you for your interest in our Recorded Program on Intellectual Property Law. The recordings are from our 59th Annual Conference on Intellectual Property Law; it was offered as a virtual conference November 8–9, 2021. You should understand that some of the cases discussed in the Program and Program materials may have been modified or even overruled by now. The course, like all CLE programs, should not be used as a basis for legal advice without doing the research yourself.

! Note that only Texas CLE credit is available and that accreditation for this course will expire. You must complete the course and report your MCLE credit to the State Bar of Texas on or before 2/28/2023 to receive credit.

Conference Co-Chairs

Christopher T. Blackford
Partner
Finnegan, Henderson, Farabow,
Garrett & Dunner, LLP
Washington, DC

Dwayne C. Norton
Managing Counsel
Toyota Motor North America, Inc.
Plano, Texas

Module Chairs

  • Dr. Juanita DeLoach, Barnes & Thornburg, LLP, Dallas, Texas
  • Jennifer Estremera, Reichman Jorgensen LLP, Redwood Shores, California
  • Debera Wells Hepburn, Goldman Sachs, Dallas, Texas
  • Brianna Hinojosa-Smith, YUM! Brands, Plano, Texas
  • Marylauren Ilagan, Mary Kay Inc., Addison, Texas
  • Stephen Kabakoff, Miller & Martin PLLC, Atlanta, Georgia
  • Henry Leon "Lon" Outland, III, AT&T Services, Inc., Dallas, Texas
  • Jayne Piana, Fletcher Yoder, P.C., Houston, Texas
  • Ozz Siddiq, Lennox International, Richardson, Texas
  • Dr. Clint Wilkins, Haynes and Boone, LLP, Plano, Texas

Recorded Program Fee

  • $395 - Regular Registration Fee
  • $0 - ILT Advisory Board Member
  • $315 - ILT Supporting or Sustaining Member Employee
  • $315 - DBA IP Section New Lawyers’ Committee Member
  • $315 - Women in IP Group Member
  • $315 - Full-time U.S. Local, State or Federal Government Employee
  • $315 - Full-time U.S. Academic Employee
  • $315 - Full-Time U.S. Non-Profit Employee
  • $200 - U.S. Attorneys & IP Professionals Licensed or Employed 3 Years or Less in this Practice Area
  • $75 - Full-Time U.S. Law Student    

Topics and Faculty

Early Morning Session: Presented By Women In IP: Ethics in Negotiations (Legal Ethics: 45 minutes)

  • Danielle “DJ” Healey, Fish & Richardson, Houston, TX
  • Jayme Partridge, Fish & Richardson, Houston, TX
What may attorneys do and not do during negotiations? Ms. Healey and Ms. Partridge will discuss the laws and rules that govern attorney conduct during negotiations and then discuss some interactive hypotheticals to demonstrate the application of the laws and rules to attorney negotiations.

A Fireside Chat With Regional Director Hope Shimabuku (30 minutes)

  • Hope C. Shimabuku, United States Patent and Trademark Office – Texas Regional Office, Dallas, TX
  • Dwayne C. Norton, Toyota Motor North America, Plano TX

Dwayne Norton is moderating a fireside chat with Regional Director Shimabuku. Topics will include the Administration and USPTO initiatives.


Patent Year In Review (60 minutes)

  • Gale R. “Pete” Peterson, Law Offices of Gale R. Peterson, San Antonio, TX

Copyrights – Fallout From The 2020–2021 Supreme Court Term (15 minutes)

  • Kirby B. Drake, Kirby Drake Law PLLC, Dallas, TX

Trade Secret Update (30 minutes)

  • Tim Hudson, Holland & Knight LLP, Dallas, TX

Trademark Update (30 minutes)

  • Sara K. Borrelli, Jackson Walker LLP, Dallas, TX

Judges Panel (60 minutes)

Moderator: Megan LaDriere White, Baker Botts L.L.P., Dallas, TX

Panelists:

  • Chief Judge Barbara M. G. Lynn, United States District Court for the Northern District of Texas, Dallas, TX
  • The Hon. Amos L. Mazzant, III, United States District Court for the Eastern District of Texas, Sherman, TX

In this panel discussion, U.S. District Court judges will discuss evolving issues and trends in patent and IP litigation and provide insight into what they view as the most frequent missteps made by attorneys appearing before them.


What IP Lawyers Need To Know About Blockchain Including NFTs (Non-Fungible Tokens) (60 minutes)

  • Peter S. Vogel, Foley & Lardner LLP, Dallas, TX

Blockchain is the underlying technology that is changing business around the world and supports Cryptocurrencies and NFTs. As more IP is created using NFTs, it is imperative that IP lawyers understand the significant technology and legal issues.


TRIPS Waiver Of IP Rights (60 minutes)

Moderator: Sharon A. Israel, Shook, Hardy & Bacon L.L.P., Houston, TX

Panelists:

  • Dean Baker, Center for Economic and Policy Research (CEPR), Washington, DC
  • Hans Sauer, Biotechnology Innovation Organization (BIO), Washington, DC
  • Antony S. Taubman, World Trade Organization, Geneva, Switzerland

A discussion of TRIPS waiver of IP rights relating to vaccines and treatments versus compulsory licensing.


AI For IP Lawyers (45 minutes)

Moderator: Justice John G. Browning, Spencer Fane LLP, Plano, TX

Panelists:

  • Stephanie M. Curcio, Legalicity (NLPatent), Toronto, Canada
  • James B. Devaney, Shook, Hardy & Bacon L.L.P., Denver, CO
  • Jerry Z. Ma, United States Patent and Trademark Office, Alexandria, VA

This panel will discuss the various ways in which artificial intelligence (AI) is impacting IP, and vice versa. AI tools, for example, can assist in the issuance and management of intellectual property rights, while IP itself provides a regime for the protection of AI; meanwhile, IP rights are frequently cited as an obstacle to the transparency of AI systems.

Among the topics this panel will examine is the USPTO’s approach to responsibly deploying AI systems and to managing AI’s implications for the IP ecosystem. The panel will highlight some recent advancements in AI technologies, discuss how tools leveraging AI may impact IP practice today, tomorrow, and into the future, and will suggest practical tips to consider when adopting such tools. Finally, the panel will discuss the cutting-edge topic of AI and the concept of inventorship. Around the world, different IP offices and courts have reached opposing conclusions on AI's eligibility to be named as an inventor.

What does the future hold for AI and IP? View this thought-provoking panel discussion and see!


Intellectual Property Trivia, presented by the Young Lawyers Committee of the Dallas Bar Association’s Intellectual Property Section (45 minutes)

  • Jeff Becker, Baker Botts L.L.P., Dallas, TX
  • Reshaun Finkley, Townsend & Lockett, PLLC, Dallas, TX
  • Bethany R. Salpietra, Baker Botts L.L.P., Dallas, TX

This session will test your intellectual property knowledge in a friendly competition, while also learning interesting IP facts. Topics will cover patents, trademarks, copyright, trade secrets, USPTO, and IP in pop culture.


Opinions Of Counsel: Tips & Tricks (45 minutes)

  • Jose C. Villarreal, Perkins Coie LLP, Austin, TX

This presentation will cover patent opinions of counsel, from the reasons behind obtaining an opinion of counsel, to the changing law of willful infringement and enhanced damages, and the implications of waiving privilege associated with the opinion. All these concepts will be presented in the historical context of Supreme Court, Federal Circuit and District Court decisions from 1983 to the present time.


Design Patent Protection: Prosecution & Claiming Strategies (30 minutes)

  • Christopher V. Carani, McAndrews, Held & Malloy, Ltd., Chicago, IL

In the wake of the world-wide battle royale between consumer tech titans Apple and Samsung, design rights have continued to capture the attention of designers and companies the world over. The session will include insights on how to protect and enforce rights in the appearance of products using designs patents.


Preparing & Prosecuting Applications To Defeat 101 Challenges (45 minutes)

  • Ira S. Matsil, Slater Matsil, LLP, Dallas, TX

The inconsistent application of the law of patent eligible subject matter has created confusion and uncertainty. This presentation will look at how this law has evolved and how to draft patent applications with an eye toward how the uncertainty might be resolved. We’ll also look at how some recent successes to figure out how to respond to rejections in the meantime.


The Goldilocks Approach To Patenting: Ensuring Proper Scope While Reducing The Risk Of Invalidation, Design Arounds, Divided Infringement, And Unanticipated Claim Interpretations (45 minutes)

  • Marc Hubbard, Hubbard Johnston, PLLC, Dallas, TX

Everyone wants broad claims. But they are often difficult to get allowed, more easily invalidated, and are typically construed narrowly anyway. Are they worth the effort? The quest for broad claims might be distracting us from what’s most important: claims with predictable constructions and a scope that is “just right” – broad enough to serve the client’s interests yet narrow enough stand up to scrutiny during examination, enforcement, PTAB reviews, and a judiciary that is increasingly demanding. What is “just right,” what it takes to get it, and how do you know that you have it?


Assignor Estoppel: The Aftermath Of Minerva V. Hologic (45 minutes)

  • Sharon A. Israel, Shook, Hardy & Bacon L.L.P., Houston, TX

At the end of last term, the Supreme Court issued its decision in Minvera Surgical, Inc. v. Hologic, Inc., 141 S. Ct. 2298 (2021), upholding the doctrine of assignor estoppel, but limiting its application. Given that virtually every patent and application involves an assignment of rights, this decision has broad impact for those procuring and enforcing patents, and for those challenging a patent’s validity. Learn about the ins and outs of the Supreme Court’s decision and its potential impact on our practices.


Venue & Mandamus Update (30 minutes)

  • Michael D. Karson, Winstead PC, Dallas, TX

Patent venue issues on the mandamus docket of the United States Court of Appeals for the Federal Circuit have increased in recent years. This presentation will examine certain of the exceptional circumstances that the Court has found to justify mandamus and explore the ongoing viability of that extraordinary remedy as the contours of In re Cray are clarified.


IPRs In View Of Co-Pending Proceedings (45 minutes)

  • Bridget Smith, Lowenstein & Weatherwax LLP, Los Angeles, CA
This presentation will discuss the interplay between inter partes reviews and co-pending district court litigations or ITC investigations, and the issues facing parties, including discretionary denials, stays, estoppel, and beyond. We will also look ahead to changes on the horizon in light of recent proposed legislation affecting these complex proceedings.

Recent Developments In 337 Litigation At The ITC (45 minutes)

  • Christine E. Lehman, Reichman Jorgensen Lehman & Feldberg LLP, Washington, DC
  • Daniel L. Girdwood, Samsung Electronics, Washington, DC

The ITC has remained a busy and important forum for intellectual property litigation through the Covid-19 pandemic. This panel will discuss recent changes to staffing at the ITC, as well as newly proposed legislation seeking to make changes to the ITC. There will also be a discussion of recent notable cases.


In-House Counsel Panel (60 minutes)

ModeratorGunnar Heinisch, Toyota Motor North America, Plano, TX

Panelists:

  • Brie L.B. Buchanan, Relay Payments, Atlanta, GA
  • Brianna Hinojosa-Smith, YUM! Brands, Plano, TX
  • Hannah Kim, Neiman Marcus Group

Master of none? How practice areas expand when you go in-house – challenges, insights, and lessons learned.


Brand Enforcement Programs (45 minutes)

ModeratorDebera Wells Hepburn, Goldman Sachs & Co. LLC, Dallas, TX

Panelists:

  • Theresa Conduah, Haynes and Boone, LLP, Costa Mesa, CA
  • Terri Doud, T. Rowe Price Group, Inc., Baltimore, MD
  • Marylauren Ilagan, Mary Kay Inc., Addison, TX
Brand enforcement has become increasingly challenging in recent years with the advent of new privacy laws and new channels that could potentially expose a trademark owner to enforcement issues.

This panel addresses the topic of brand enforcement programs, key players in the arena, what has changed over the years, and best practices to address those changes—from the perspective of in-house and outside counsel.

Building A Trade Secret Program (45 minutes)

ModeratorElisaveta “Leiza” Dolghih, Lewis Brisbois Bisgaard & Smith LLP, Dallas, TX

Panelists:

  • John Russell “Rus” Holloway, Bell Textron Inc., Dallas, TX
  • Pete Lando, Orthofix Medical Inc., Lewisville, TX

In this presentation, the panel will discuss the best tips for building a successful trade secrets protection program.


Ethics: Inequitable Conduct, Unclean Hands, Litigation Misconduct (Legal Ethics: 60 minutes)

  • Tom Irving, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

In the last year, the U.S. patent system has seen new and different bad conduct cases. Moving beyond garden variety unclean hands and inequitable conduct, the patent system has now been infected by false testimony, false declarations, obstructing discovery, and unreasonable and unexplained delay. We will have a look at the Zinus, Hyatt, Apple, True Chem, Purdue, Thermolife, and Blackbird cases. As we all know, such bad acts go to the heart of ethics and can have disastrous consequences both for the U.S. patent owner and her attorneys/patent agents.

Testimonials

2021 Conference Attendees (Live Virtual Event) liked best:

  • “I was able to get insights on current events and topics relevant to today’s changing industry.”
  • “Great topics and knowledgeable presenters.”
  • “Practical advice given from attorneys and judges.”
  • “The content was great and the interface worked really well.”

2020 Conference Attendees (Live Virtual Event) liked best:

  • “Diversity”
  • “It ran very smoothly, despite being virtual.”
  • “Good job pivoting to an online experience”

Texas CLE Credit

This program is approved by the State Bar of Texas for a total of 17.25 hours, of which 1.75 credit hours will apply to ethics/professional responsibility credit. Course ID Number: 174153107

! Note that Texas CLE credit accreditation for this course will expire. You must complete the course and report your MCLE credit to the State Bar of Texas on or before 2/28/2023 to receive credit.

The Center for American and International Law (CAIL) will not be filing this course with any state or country CLE/CPD organization apart from the State Bar of Texas.

Although attendees may be able to request MCLE credit directly in additional jurisdictions, the rules vary in each jurisdiction. Certain programs, subjects, and formats may not receive credit in certain jurisdictions and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. Please review the MCLE regulations and rules of your jurisdiction and contact your regulatory entity if you have specific questions about the jurisdiction’s MCLE rules.

Other Information

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The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other protected status in educational activities, scholarship programs or admissions.

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