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Intellectual Property Law Section

Webinars

Webinar: Intellectual Property Transactions in Israel

Monday, Decenber 5, 2016, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit.
Presented by the Licensing Interest Group and the International Law Interest Group.

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Technology and intellectual property are a significant percentage of Israel’s exports. This program will address the negotiation of transactions involving intellectual property developed in Israel or held by Israeli entities. Topics include: (1) aspects of Israeli commercial, contract and tax law significant to intellectual property transactions, (2) the role and regulations of the Israel Innovation Authority, and (3) transactions involving intellectual property developed at Israeli research, academic and medical institutions.

Speaker: Eli Greenbaum More Information

Webinar: Using Surveys and Market Research in IP Litigation

Tuesday, December 6, 2016, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit.
Presented by the  Litigation Interest Group.

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Surveys and other market research are increasingly used by courts in assessment of intellectual property damages. This webinar discusses a variety of survey and complimentary market research methods, how they have been used in patent and trademark cases, some guidelines for admissibility, and approaches for validating results.

Moderator: Anne-Marie Dao
Speakers: Anjali Oza More Information
                Peter Hess More Information

Webinar: Checking In On The Defend The Trade Secrets Act

Wednesday, December 7, 2016, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit.
Presented by the Trade Secrets Interest Group.

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On May 11, 2016, President Obama signed into law the Defend the Trade Secrets Act (DTSA)—creating the first federal civil misappropriation of trade secrets claim and marking a major milestone for trade secrets litigation. Since its passage, there has been a significant volume of DTSA cases filed across the nation, with many currently pending. This webinar takes a look at these cases to identify the type of trade secret actions that have taken advantage of DTSA, any significant opinions that have been rendered under DTSA, and what the future may bring for the next wave of DTSA cases. This will be the first State Bar trade secrets interest group webinar devoted to looking at cases since DTSA has passed, and how DTSA is impacting current trade secrets litigation. 

Moderator: Angelique Kaounis
Speakers: Robert Shwarts and Catherine Lui

Webinar Paranoia Will Distroya – A Close Look at the Duty of Candor under Rule 56

Monday, December 19, 2016, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit in Legal Ethics. 
Presented by the Patent Interest Group.

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Rule 56 provides that every individual associated with the filing and prosecution of a patent application has a duty of candor and good faith dealing with the Patent Office. This program will explore the requirements under the duty, its relationship to inequitable conduct, timing of disclosures in prosecution and before the USTPO, conflicts of interest in candor, conflicting rules, considerations in submission, and other concerns. It will also discuss the proposed new rule announced in October 2016.

Moderator: Sanjesh Sharma More Information
Speaker: Mercedes K. Meyer More Information

Webinar: Implicit Bias: How to Recognize It and Tips to Address It

Wednesday, January 18, 2017, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit in Elimination of Bias in the Legal Profession and Society.
Presented by the In-House Counsel Interest Group.

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Join us for a lively and informative presentation on implicit bias in the legal profession--what it is, why we all have it and practical tips on how to address it.

Moderator: Mark Leonard
Speakers: Therese Lawless and Denise Trani-Morris

Generic Competition and Innovation in the Pharmaceutical Industry: REMS Programs and Life Cycle Management/Product Hopping

Thursday, January 19, 2017, 10:30 a.m. - 12 noon

Note new date and time!

This program offers 1.5 hours participatory MCLE credit.
Co-sponosored by the Antitrust, UCL and Privacy Section.

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The Federal Trade Commission (FTC) and numerous courts are currently analyzing reverse payments within the Sherman Act framework the U.S. Supreme Court set forth in FTC v. Actavis. But these analyses are only part of a much larger universe of intriguing issues being generated by the intersection of antitrust law, intellectual property, and pharmaceutical regulation in litigation across the country.  Generic pharmaceutical company, consumer, and enforcer plaintiffs have alleged that brand pharmaceutical companies abuse certain aspects of Risk Evaluation and Mitigation Strategies ("REMS programs"), which are programs the FDA sometimes requires to minimize the risks associated with certain drugs.  Plaintiffs also allege that branded drug companies violate antitrust laws when they engage in a particular business strategy relating to the timing of new product releases, a strategy that plaintiffs call “product-hopping.”  And earlier this year, a bill was reintroduced that would create a separate cause of action for the type of behavior alleged in cases dealing with REMS (the “CREATES Act”).  Our panelists will comment on these and other developments touching on the complex legal and policy issues at the crossroads of pharmaceutical regulation, IP law, and antitrust law.

Moderator: Anna Fabis

Speakers:  Cheryl Johnson More Information
                  Erika Lietzan
 More Information
                  Rosanna McCallips More Information

Interest Group Calls

December 7 Copyright Interest Group Open Call

To participate in the call, the dial-in number is 855-520-7605, passcode 1211276419#.

Monthly “All Hands” Copyright IG conference call. On this call, Angus MacDonald will lead us in a discussion about the recent copyright case argued at the Supreme Court (Star Athletica v. Varsity Brands) as well as the recent change in leadership at the Copyright Office. We’ll also discuss upcoming webinars and conferences, opportunities for members to get involved, and hot topics. Please note: Our monthly calls are the 1st Wednesday of every month.

December 9 Licensing Interest Group Call

To participate in the meeting, the dial-in number is 855-520-7605, passcode 1211276419#.

Monthly “All Hands” Licensing IG conference call. We’ll discuss upcoming webinars and conferences, opportunities for members to get involved and Hot Topics. Please note:  Our monthly calls are the 2nd Friday of every month.

 

News

Student Reviews of the 2016 IP Institute

image of students

Tal Kapelner, UCLA

I am very grateful to have attended the 2016 IP Institute. Judging by the accolades I heard from many of the attendees, I fear I may have been spoiled by having this be my first Bar Conference. The 2+ day event had the perfect mix of wonderful speakers discussing interesting topics, a beautiful location, fun activities and many opportunities to discuss all matters of the legal and non-legal world with attorneys along whom I hope one day to be a colleague. Read more.

Martin Hirshland, Loyola Law School

The State Bar of California Intellectual Property Law Section’s flagship program, the IP Institute, celebrated its 41st year with a well-balanced, thought-provoking and relevant legal discussion. The mood was relaxed, as established IP attorneys from across California and the nation gathered in picturesque Santa Barbara for three nights by the beach. Read more.

Eva Freel, UCLA

The IP Section of the State Bar of California recently held its 2016 Section conference, IP on the Riviera, at the Hyatt Centric Santa Barbara. The first night of the IP on the Riviera experience included a Wine Welcome Reception. I enjoyed some great snacks and conversations with the attending attorneys, with a picturesque view of the pool surrounded by palm trees. Read more.

Marianne Hanna, Golden Gate School of Law

The IP Section of the State Bar of California brought together IP practitioners, representatives from the USPTO, entertainment industry elites, recent law school graduates, law students, and distinguished leaders within the IP community for its 41st Annual IP Institute-“IP on the American Riviera”-conference in Santa Barbara, California. Read more.

USPTO Notice of Roundtables and Request for Comments Related to Patent Subject Matter Eligibility

The United States Patent and Trademark Office (“USPTO”) seeks public input on patent subject matter eligibility in view of recent decisions by the Supreme Court and Court of Appeals for the Federal Circuit. The USPTO remains interested in feedback from members of the public to improve the USPTO’s existing subject matter eligibility guidance and training examples. The USPTO is also interested in facilitating a discussion among members of the public regarding the legal contours of eligible subject matter in the U.S. patent system. The USPTO will be facilitating these discussions by hosting two roundtable events. The first roundtable will be held on November 14, 2016 in Virginia and will be directed to receiving feedback from members of the public to improve the USPTO’s existing subject matter eligibility guidance and training examples. The second roundtable will be held at Stanford University on December 5, 2016 and will be focused on receiving feedback regarding larger questions concerning the legal contours of eligible subject matter in the U.S. patent system. The roundtables will provide a forum for discussion of the topics identified in this notice.

DATE/LOCATION for Roundtable 2:  December 5, 2016, 8 a.m. to 5 p.m., Stanford, CA. Written comments are due by January 18, 2017. ADDRESSES: Paul Brest Hall, 555 Salvatierra Walk, Stanford University

FOR FURTHER INFORMATION CONTACT: Requests for additional information regarding registration and speaker presentations should be directed to the attention of Elizabeth Shaw, by telephone at 571-272-9300, or by e-mail at elizabeth.shaw2@uspto.gov. Requests for additional information regarding the topics for written comments and discussion at Roundtable 1 should be directed to Carolyn Kosowski, by telephone at 571-272-7688, or by e-mail at carolyn.kosowski@uspto.gov. Requests for additional information regarding the topics for written comments and discussion at Roundtable 2 should be directed to Amy Nelson, by telephone at 571-272- 8978, or by e-mail at amy.nelson@uspto.gov.

Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!

We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.

Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.

One Hour MCLE Is Available in the Latest Issue of New Matter

Self-Study CLE Tests One hour of MCLE is available in the current issue of New Matter, the State Bar IP Section's quarterly magazine.

For the Spring issue, you can earn credit for the article Policing the Boundaries of Copyright: Is It Time for the Supreme Court to Step In? by William J. O'Brien. One hour of MCLE credit can be obtained by answering a set of True/False questions.

Log on to the webiste www.calbar.org/self-study for details. Watch for other MCLE credit available in future issues of New Matter.

Did You Know You Can Track Your CLE Through Your State Bar Profile?

Log into your profile and click on CLE Summary and Tracking Tool. This summary reflects all in person and online participatory classes completed through the State Bar of California.

Note: Future releases will allow you to manually add courses completed through other providers.

Even if this summary reflects you have completed the required 25 hours of MCLE within your compliance period, you must still formally report compliance by submitting your MCLE compliance declaration through My State Bar Profile.

The Trade Secret Treatise Is Available for Order

Members $115/Non-Members $155. Go HERE for a description, and HERE to order. You will need to click on Intellectual Property.

Writers Wanted for New Matter

Inquiries about writing for New Matter, please contact newmatterjournal@yahoo.com.

MCLE Catalog

Featured CLE Program from Our Catalog!

Online
CLE

Did you miss it? It's available in our online catalog for CLE credit!

Growing Like a Weed: What do Cannabis, Trademarks, Ethics and Cash Have in Common?

With lawyers increasingly under a microscope, this panel will address potential ethical pitfalls in trademark practice, illustrated by a case study, and provide pointers on how to avoid becoming a case study. Our experienced panelists will discuss Trademark Office rules, rules of conduct of special importance to trademark attorneys, and case law governing ethical practice.

1 participatory MCLE credit, including 0.5 in Legal Ethics
More Information

For other Intellectual Property Law Section programs, see www.calbar.org/online-cle and select Intellectual Property Law Section.

Contact Us

We invite you to contact a member of the Executive Committee, or an Interest Group Officer. The IP Section has Interest Groups on:

Or contact the Editors of Inevitable Disclosure, Barbara Friedman and Matthew Neco.

The Intellectual Property Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105
415-538-2375
IP@calbar.ca.gov