Hot Topics In Intellectual Property Litigation

Size: px

Start display at page:

Download "Hot Topics In Intellectual Property Litigation"

Maryann Gregory
6 years ago
Views:

1 Hot Topics In Intellectual Property Litigation Second Annual Intellectual Property Litigation Regional CLE Workshop Friday, June 8, 2012 Hosted by Schiff Hardin LLP 233 S. Wacker Drive Chicago, Illinois Presented by the Intellectual Property Litigation Committee of the ABA Section of Litigation

2 HOT TOPICS IN INTELLECTUAL PROPERTY LITIGATION Friday, June 8, 2012 Schiff Hardin LLP 233 S. Wacker Drive Chicago, IL Program Agenda 8:00 9:00 a.m. Registration/Continental Breakfast 9:00 9:15 a.m. Welcome & Opening Remarks Angela Foster, Ph.D., Law Office of Angela Foster, North Brunswick, NJ; Charles S. Marion, Pepper Hamilton LLP, Philadelphia, PA; Martín O Donnell, Cesari and McKenna, Boston, MA; Michael Steger, Law Offices of Michael D. Steger, PC, New York, NY, Co-Chairs, Regional CLE Workshop Subcommittee of the Intellectual Property Litigation Committee 9:15 10:30 a.m. Hot Topics in Copyright Litigation (presented by the Copyright Subcommittee) Moderator: Panelists Daniel Quick, Dickinson Wright, PLLC, Troy, MI William T. McGrath, Davis McGrath LLC, Chicago, IL Carol Anne Been, SNR Denton US LLP, Chicago, IL Matthew T. Furton, Locke Lord LLP, Chicago, IL This panel will discuss some interesting copyright litigation issues that have been in the news during this past year, including the rationale behind the Seventh Circuit s presumption awarding defendants attorney s fees for prevailing in a copyright case, and whether the presumption should continue to be applied; novel questions at the intersection of criminal and copyright law raised by the Megaupload indictment; and fair use and politics, including presidential candidates unauthorized use of copyrighted works. 10:30 10:45 a.m. Break 10:45-12:00 Secrecy in the Age of and Social Media (Presented by the Trade Secrets Subcommittee) Panelists: CFAA Update: Sierra Brandis, Director of Legal Affairs, TaylorMade-adidas Golf Company Ronald T. Coleman, Parker Hudson Rainer and Dobbs, Atlanta, GA Robert S. Gerber, Sheppard Mullin Richter & Hampton LLP, San Diego, CA Edward W. Gray, Jr., Fitch Even Tabin & Flannery LLP, Washington, DC Linda K. Stevens, Schiff Hardin LLP, Chicago, IL Social media has become ubiquitous, and it is increasingly used to transmit, share and post business information. This panel of both in-house and outside counsel will explore such questions as: How to protect confidential business -2-

3 information from this risk? How to react when confidential information is shared via social media and what remedies are available? How to obtain and use social media effectively as evidence in trade secrets cases? The panel discussion will be followed by a short update from Linda K. Stevens of Schiff Hardin LLP s Chicago office regarding the continuing split of authority regarding use of the Computer Fraud and Abuse Act to remedy theft of information. 12:15 1:30 p.m. Lunch with Special Guest Speaker Honorable Richard Posner, Judge, United States Court of Appeals for the Seventh Circuit 1:30 1:45 p.m. Break 1:45 3:00 p.m. Enforcement of Trademark Rights in a Global Economy (Presented by the Trademark Subcommittee) Moderator: Panelists Martin J. O Donnell, Cesari & McKenna, Boston, MA Joan K. Archer, Lathrop & Gage LLP, Kansas City, MO M. Kelly Tillery, Pepper Hamilton LLP, Philadelphia, PA Lisa M. Tittemore, Sunstein Kann Murphy & Timbers LLP, Boston, MA This panel will cover various recent developments in the area of trademark litigation, including the protection of well-known or famous marks in the U.S. and abroad; trends in the area of U.S. dilution law; intellectual property protection for the look and feel of websites; and enforcement of trademark rights in the new Wild, Wild West. 3:00 4:00 p.m. The Impact of Recent Laws and Cases on In-House Patent Litigation Strategy Part 1 (Presented by the Patent Subcommittee) Moderator: Speakers: Angela Foster, Ph.D., Law Office of Angela Foster, North Brunswick, NJ Carl W. Battle, Senior Vice President & Chief Patent Counsel, GlaxoSmithKline Adam Chiss, Senior Counsel IP Litigation, Abbott Laboratories Suzanne Michel, Senior Patent Counsel, Google Louis S. Silvestri, Senior Corporate Counsel IP Enforcement, Pfizer This panel of in-house patent counsel will discuss the rise of non-practicing entity (NPE) litigation; the impact of the America Invents Act on pharmaceutical/generics versus ITC litigation, including the new post-grant provisions, supplemental examination and litigation approaches, false marking, approaches to damages post-uniloc; the impact of Prometheus on the patentability of software; injunctive relief approaches post e-bay; and Safe Harbor provision post Classen v. Biogen. 4:00 4:30 p.m. The Impact of Recent Laws and Cases on In-House Patent Litigation Strategy Part 2: Ethical considerations affecting Patent Litigation post-therasense (Presented by the Patent Subcommittee) Moderator: Angela Foster, Ph.D., Law Office of Angela Foster, North Brunswick, NJ -3-

4 Speakers: Carl W. Battle, Senior Vice President & Chief Patent Counsel, GlaxoSmithKline Adam Chiss, Senior Counsel IP Litigation, Abbott Laboratories Suzanne Michel, Senior Patent Counsel, Google Louis S. Silvestri, Senior Corporate Counsel IP Enforcement, Pfizer Consider the following: How has litigation changed post-therasense? Has the inequitable conduct plague diminished? Has it become more difficult to prove inequitable conduct? What impact does direct and/or circumstantial evidence have on establishing inequitable conduct? Did Therasense change Rule 9(b) pleading requirements enunciated in Exergen v. Walmart? These and other ethical issues affecting patent litigation will be discussed during this session. 4:30 5:30 p.m. Closing Remarks and Cocktail and Networking Reception Joseph M. Drayton, Kaye Scholer LLP, New York, NY, Co-Chair, Intellectual Property Litigation Committee Sponsored by The Intellectual Property Litigation Committee of the ABA Section of Litigation Program Co-Chairs: Angela Foster, Ph.D., Esquire Law Office of Angela Foster 2906 Birchwood Court North Brunswick, NJ Direct: Direct: Martin O Donnell Cesari and McKenna 88 Black Falcon Avenue Boston, MA Direct: mod@c-m.com Charles S. Marion, Pepper Hamilton LLP 3000 Two Logan Square Eighteenth and Arch Streets Philadelphia, PA Direct: marionc@pepperlaw.com Michael D. Steger Law Offices of Michael D. Steger, PC 1325 Sixth Avenue, 27 th Floor New York, NY Direct: msteger@steger-law.com Intellectual Property Litigation Committee Co-Chairs: Joseph M. Drayton Kaye Scholer LLP New York, NY Erick C. Howard Shartsis Friese LLP San Francisco, CA Stephanie P. Skaff Farella Braun + Martel LLP San Francisco, CA -4-

5 GENERAL INFORMATION Accommodations: Attendees are responsible for making their own travel arrangements and hotel reservations. The following hotels are in close proximity to the location of the workshop and are offering rooms at preferred rates (subject to availability we recommend you make your reservations as soon as possible). In order to reserve a room at the preferred rate, please contact the hotel directly and identify yourself as being affiliated with Schiff Hardin. JW Marriott $ West Adams Street, Chicago, IL (312) miles from 233 S. Wacker Standard Club $ South Plymouth Court, Chicago, IL (312) miles from 233 S. Wacker W hotel $ West Adams Street, Chicago, IL (312) miles from 233 S. Wacker Registration: To register online, visit n=long&primary_id=ltip12&webtextid=66342&subsystem=mtg&related_prod_ flag=0 or return the Registration Form on the following page with your payment (checks only) to Charles S. Marion at Pepper Hamilton LLP, 3000 Two Logan Square, Philadelphia, PA Please register by June 1, 2012 to reserve your spot. Requests for refunds must be made in writing and received no later than June 3 rd, in the ABA Section of Litigation office. Please your request to Sharyne Tu, at Sharyne.Tu@americanbar.org. There will be a $10 administrative fee deducted from the refund. Cancellations received after June 1st will not be refunded; however, the Section will gladly accept substitutions for those unable to attend. MCLE Credit: Accreditation has been requested for this program from every state with mandatory continuing legal education requirements for attorneys. Please be aware that each state has its own rules and regulations, including its definition of CLE as well as Ethics. Therefore, certain programs may not receive credit in some states. Please check with your state agency for confirmation of general as well as ethics approval for any program. You may contact Sharyne Tu at the ABA at Sharyne.Tu@americanbar.org for confirmation of the number of credits approved by any particular state. -5-

goals and activities. All other use is strictly prohibited without prior written authorization from the ABA.

6 Attire: Business casual dress is encouraged for all participants. Attendance List: Information included in the attendance list is protected by copyright and is solely intended for the individual and private use of ABA members in connection with the ABA s mission, goals and activities. All other use is strictly prohibited without prior written authorization from the ABA. Prohibited use includes but is not limited to the copying, renting, leasing, selling, distributing, transmitting or transfer of all or any portions of the materials, or use for any other commercial and/or solicitation purposes of any type, or in connection with any action taken that violates the ABA s copyright. Name Affiliation Address REGISTRATION FORM City State Zip Code Telephone ABA Member No. The information submitted on this registration form will be used only to create an attendance list for the Hot Topics In Intellectual Property Litigation Regional CLE Workshop. Fax Registration Information $ (Section of Litigation members and Government attorneys) $ (Non-Section members) Pre-registration deadline is June 1, Checks for attendance and course materials should be made payable to the AMERICAN BAR ASSOCIATION (no credit cards). I will attend the meeting and my check for $.00 is enclosed. I am unable to attend the meeting, but please send the course materials to the above address, at a cost of $35.00, a check for which is enclosed. Please send your Registration Form and check to: Charles S. Marion, Pepper Hamilton LLP, 3000 Two Logan Square, Eighteenth and Arch Streets, Philadelphia, PA For additional information about the program, please contact Charles S. Marion / marionc@pepperlaw.com -6-

Current Issues in Securities Litigation

Current Issues in Securities Litigation Monday, February 23, 2015 Bar Association of San Francisco 301 Battery Street San Francisco, CA 94111 Presented by the ABA Section of Litigation Securities Litigation