FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS

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1 ALI-ABA Topical Courses Demystifying Software Contracts: ALI's New Principles By the Book" and in Industry Practice September 8, 2010 Telephone Seminar/Audio Webcast AGENDA FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS TABLE OF CONTENTS Page ix 1. Select sections from the Principles of the Law of Software Contracts 1 Title Page 2 Reporters and Advisers 3 Director s Foreword 4 Table of Contents 6 Introduction Scope; Generally (including Comment, Illustrations and Reporters Notes) Enforcement of Terms Under Federal Intellectual Property Law (including Comment, Illustrations and Reporters Notes) 28 Summary Overview of Topic 1. Indemnification and Warranties (from Chapter 3. Performance) 53 Index Warranties, Indemnities and Remedies in the Principles of the Law of Software Contracts: When to Throw the Book at em By Helen H. Richardson 3. Protecting and Licensing Software: Copyright and Common Law Contract Considerations By Lateef Mtima 4. a. Copyright Basics - Additional Materials Submitted by Roberta Jacobs-Meadway 5. b. U.S. Copyright Office Form TX - Additional Materials Submitted by Roberta Jacobs-Meadway 6. Principles of the Law of Software Contracts and Copyright: An Overview - Additional Materials By Roberta Jacobs-Meadway xi xiii vii

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3 ALI-ABA Topical Courses Demystifying Software Contracts: ALI's New Principles "By the Book" and in Industry Practice Wednesday, September 8th, 2010 Telephone Seminar/Audio Webcast PROGRAM (All Times Eastern Daylight) 1:00 pm Demystifying Software Contracts: ALI's New Principles "By the Book" and in Industry Practice -- Panel discussion of the American Law Institute's Principles of the Law of Software Contracts (2010), and how this work affects and relates to software contract drafting and litigation --Audience Questions (submitted via ) 2:30 pm Adjournment ix

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5 ALI-ABA Topical Courses Demystifying Software Contracts: ALI's New Principles "By the Book" and in Industry Practice Wednesday, September 8th, 2010 Telephone Seminar/Audio Webcast PLANNING CHAIR Roberta Jacobs-Meadway, Esquire Member, Litigation Division Eckert Seamans Cherin & Mellott, LLC Two Liberty Place, 22nd Floor 50 South 16th Street Philadelphia, PA PANELISTS Professor Amelia H. Boss Drexel University Earle Mack School of Law 3320 Market Street Philadelphia, PA Helen Richardson, Esquire Canon USA, Inc. 300 Commerce Square Blvd. Burlington, NJ Elke Flores Suber, Esquire Senior Attorney, Legal and Corporate Affairs Microsoft Corporation One Microsoft Way Redmond, WA ALI-ABA Staff Producer: Harry Kyriakodis, Esquire xi

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7 Planning Chair FACULTY BIOGRAPHIES Roberta Jacobs-Meadway, Esquire Member, Litigation Division Eckert Seamans Cherin & Mellott, LLC Philadelphia, Pennsylvania Ms. Jacobs-Meadway focuses her practice on trademarks, trade dress, and unfair competition issues, as well as litigation in the federal courts and before the Trademark Trial and Appeal Board, where she has served as mediator in numerous trademark and copyright disputes. Referred to as the preeminent trademark attorney in Pennsylvania, she has been honored by Law & Politics Magazine and Philadelphia Magazine as among The Top 50 Women Pennsylvania Super Lawyers and was a Pennsylvania Super Lawyer in the area of IP law in She has been listed in Chambers USA: America s Leading Lawyers for Business as Leaders in Their Field in the area of intellectual property law, writing and lecturing extensively on the subject. Ms. Jacobs- Meadway has contributed chapters on surveys and on damages in copyright cases to Matthew Bender s treatise Intellectual Property Counseling and Litigation, and is a contributing author to the World Copyright Law Report. She has co-chaired ALI-ABA s annual programs on Intellectual Property Licensing and Litigating Trademark, Internet, and Unfair Competition Cases for several years. She has also co-chaired ALI-ABA s Cross-Border Business Transactions: Intellectual Property and Related Issues. A regular contributor to the Commercial Damages Reporter, Ms. Jacobs-Meadway is a member of the American Law Institute, the International Trademark Association and the ABA s Federal Legislation Committee. Faculty Professor Amelia H. Boss Drexel University Earle Mack School of Law Philadelphia, PA An expert on legal issues in electronic commerce and on codifying international commercial law through treaty, Professor Boss is a member of the Council of the American Law Institute and the first professor and second woman to chair the ABA Business Law Section. Professor Boss came to the law school from the Temple University Beasley School of Law, where she was a professor and director of the Institute for International Law and Public Policy. She was formerly a faculty member at Rutgers-Camden School of Law and a visiting professor at University of Miami School of Law. A member of the Permanent Editorial Board of the Uniform Commercial Code, Professor Boss currently serves as an advisor and as the U.S. delegate to the U.N. Commission on International Trade Law on issues relating to electronic commerce. In 2009, she was elected chair of the Commercial and Related Consumer Law Section of the Association of American Law Schools. Professor Boss has written scores of books, articles and reports on the UCC, electronic data transfer, leasing transactions and other topics. After receiving her J.D. from Rutgers-Camden xiii

8 School of Law, she clerked for the Honorable Milton Conford of the Supreme Court of New Jersey. She later practiced law with Pepper, Hamilton & Scheetz and with McCarter & English. Helen Richardson, Esquire Canon USA, Inc. Burlington, NJ Ms. Richardson is counsel to Canon U.S.A., Inc., and advises the company and its subsidiaries on a variety of transactional matters, including intellectual property licensing. During more than two decades of licensingrelated practice in AV-rated firms and public and private corporations, she has successfully negotiated and drafted licenses for Grammy - winning songwriters, major-house authors, athletes and entertainers, as well as manufacturing companies, utility plants, and consulting firms, involving virtually every type of intellectual property. Ms. Richardson earned the B.A. in Journalism from Lehigh University and the J.D. from Temple University. She is the recipient of two Distinguished Service Awards from the Philadelphia Volunteer Lawyers for the Arts. Elke Flores Suber, Esquire Senior Attorney, Legal and Corporate Affairs Microsoft Corporation Redmond, WA Ms. Suber provides advice on copyright, right of publicity, trade secrets, and related legal issues for Microsoft's Entertainment and Devices Division and Microsoft Research. Prior to joining Microsoft, she worked at CIGNA Corporation as intellectual property counsel, where she was responsible for all facets of IP support companywide. Ms. Suber had also served as an associate with Akin, Gump, Strauss, Hauer & Feld, LLP, where she counseled clients on intellectual property matters involving copyrights, trademarks and issues related to the Internet and also litigated cases in federal court involving intellectual property matters. She earned her law degree from the University of Pittsburgh School of Law, where she was an associate editor of the Journal of Law and Commerce. Ms. Suber is a member of the IP Advisory Panel for the ALI-ABA, and has published articles on copyright, trademark and Internet issues. xiv

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