Intellectual Property Law Section
Save the Date! The 2016 IP and the Internet Conference
Tuesday September, 6, 2016 at Salesforce's auditorium, San Francisco.
Join us for a full-day conference to ensure you are up to date with the latest developments. Highlights in the schedule include:
- CDA Section 230 in the Age of Cyber Civil Rights, with Eric Goldman and Chris Kelly
- Social Media Takedowns, with Lynne Graybeal, Beth Goldman, and Emily Burns
- Internet Law Update with Ian Ballon
- Privacy Like its 1999? Privacy Law Changes at Home and Abroad, with Francoise Gilbert and Joanne McNab
- General Counsel Roundtable, with Greg Goekner and David Simon
- Keynote speaker ... to be announced
And ... table topic discussions at lunch. Registration will open very soon.
The State Bar of California 89th Annual Meeting
The State Bar of California 89th Annual Meeting
September 29 - October 2, 2016
Marriott Marquis San Diego Marina
San Diego, California
Early Bird Pre-Regsitration and Hotel Registration Deadline: August 30, 2016
Pre-Registration Deadline: September 8, 2016
The State Bar of California returns to beautiful San Diego for the 2016 Annual Meeting. The Annual Meeting is a multi-day showcase of continuing legal education courses, celebrity speakers, and noted legal scholars. Each day gives you several choices of courses and special events.
The Annual Meeting registration fee is structured to make it affordable to attend. You can select either a Full Meeting Pass or a 2-Day Pass. Special fees are available for Young Lawyers and New Admittees.
Register by August 30, 2016 to take advantage of preferred pricing. Your registration includes:
- 111 MCLE courses
- Up to 19 Hours of MCLE and Legal Specialization credit
- Dynamic Opening Day and Closing Day General Sessions
- Free Networking Lunch, Morning Coffee Breaks and Evening Happy Hours in the Exhibit Hall
- Social events hosted by the State Bar and its various Sections, local bar associations and law school alumni groups
The Section will be presenting:
Ethics: What Every IP Lawyer Must Know Before Playing in the Social Media Sandbox
Technology Licensing Boot Camp for Attorneys
Ethical Considerations in Handling Trade Secrets Matters
Copyright: Shattering Copyright Myths for the Non-IP Lawyer
You can REGISTER ONLINE until September 8. For full information, see The State Bar of California 89th Annual Meeting.
Save the Date for the 41st Annual IP Institute
"IP on the American Riviera"
November 10-11, 2016
Hyatt Santa Barbara
1111 E. Cabrillo Blvd
Join us at the 41st Annual IP Institute, “IP on the American Riviera,” which will be held November 10 - 11 at the beautiful Hyatt Santa Barbara, with a welcome reception on November 9th. In addition to outstanding educational programming, and networking breaks throughout the event, we are pleased to offer several unique networking opportunities:
- On November 9, 2016, please join us for a welcome reception: Wine From the American Riviera! We will be offering a selection of local Santa Barbara wines and appetizers. Come early and get to know your fellow attendees, our speakers, and members of the IP Section Executive Committee. The reception is free to attend, and open to all attendees.
- We hope that you will also join us in celebrating this year’s Vanguard Award winners with a memorable lunch ceremony on November 10, 2016, in their honor. Tickets are required; ticketing information will be in the brochure.
- During the afternoon of our first full day of programming, November 10, 2016, we are excited to be offering a walking tour of the beautiful and historic Santa Barbara Courthouse and Gardens, led by an experienced guide. A delightful trolley will transport attendees to and from the hotel. The walking tour is free to attend, and open to all attendees, although RSVP is required to reserve space on the trolley. Information will be in the brochure.
- Last, but certainly not least, don’t miss out on an evening testing your luck at our Casino Royale on Thursday, November 10th! The event is free to attend, and open to all attendees.
More information: http://ipsection.calbar.ca.gov/Education/IPInstitute.aspx
THE AMERICAN RIVIERA is a registered trademark of Visit Santa Barbara.
Webinar: A Primer on Reasonable Royalty Damages for Trade Secret Litigators
Thursday, July 28, 2016, 12 noon - 1 p.m.
This program offers 1 hour of participatory MCLE credit
Presented by the Trade Secrets Interest Group.
In trade secrets cases, reasonable royalties can provide an alternative to lost profit and unjust enrichment damages. Such an alternative may be useful if trade secret theft is caught before it can be shown that the defendant diverted sales from the plaintiff or gained a profit. In some cases, this may be the only measure of damages available to trade secret plaintiffs because of the unique facts of the case.
While there has been slow but steady development of case law on reasonable royalty damages in trade secrets cases, most recent developments have occurred in patent cases. This webinar will focus on bringing participants up to speed on these developments and how this case law may influence trade secret damage claims. We will start with a discussion of trade secrets reasonable royalty case law (e.g., Ajaxo and Altavion) and the Georgia Pacific patent royalty factors, followed by a discussion of the two main approaches to calculating a reasonable royalty–-analysis of comparable licenses and analysis of the benefits enabled by the trade secret (be it revenue increases and/or cost savings). Along the way we will cover hot topics such as the Entire Market Value Rule, the Smallest Saleable Unit, apportionment, Uniloc and the 25% rule, and bargaining (including Nash and other methods).
Moderator: Catherine Lui
Speaker: Eric Forister
Webinar: Determining Damages For Multiple Different IP Assertions Covering One Product – A Venn Diagrams Exercise
Tuesday, August 23, 2016, 12 noon - 1 p.m.
This program offers 1 hour of participatory MCLE credit
Presented by the Patent Interest Group.
As the importance of intellectual property protections rise, multiple IP registrations are becoming commonplace for a single product. But, what is the best way to approach damages in situations where copyrights, trademarks, trade secrets, and/or patents may be at issue in a single case? The presentation evaluates the current law on apportionment, and discusses some practice pointers for developing damage and pleadings strategies in these types of cases involving multiple IP registrations.
Moderator: Sanjesh Sharma
Speakers: Jim W. Bergman and Mieke K. Malmberg
Interest Group Open Calls
Licensing Interest Group Open Call
Friday, July 8, 2016, 12 noon
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.
Copyright Interest Group Open Call
Wednesday, July 13, 2016, 12 noon
Call-in number: 855-520-7605 Conference Code: 1211276419#.
Please join the Copyright Interest Group for a member call on Wednesday, July 13 at 12 noon. During the call we will have open discussion about important new copyright cases and other recent copyright developments. All IP Section members are invited to participate. For more information about the call or the Copyright Interest Group, contact Chair Chris Lockard at email@example.com.
Trade Secrets Interest Group Open Call
Wednesday, July 27, 2016, 12 noon
Please join us on Wednesday July 27, 2016 at 12:00 p.m. (Pacific) for our next Trade Secrets interest group conference call. We’ll discuss ideas for upcoming webinars and conferences and opportunities for members to get involved. All IP Section members are invited to participate. For more information about the call or the Trade Secrets Interest Group, contact Chair Angelique Kaounis.
To participate in the meeting, the dial-in number is 855-520-7605 and the Conference Code is 1211276419#.
In Memoriam: Former Commissioner for Trademarks Lynne G. Beresford
We are saddened to learn of the passing of former Commissioner for Trademarks Lynne G. Beresford who died June 26, 2016. Ms. Beresford began her career at the USPTO in 1979 as a Trademark Examining Attorney and eventually became the Commissioner for Trademarks in 2005, a position she held until 2010. She chaired every meeting of WIPO’s standing committee on Trademarks, Industrial Designs and Geographical Indications from its inception in 1997 until late 2001 and was instrumental in drafting legislation to implement the Madrid Protocol and the Trademark Law Treaty. She was involved in founding ICANN and was essential in the adoption of its Uniform Domain Name Dispute Resolution Procedure (UDRP).
Commissioner Beresford was also a good friend to the IP Section. She was a frequent speaker at the Section’s bi-annual Trademark Office Comes to California conference and a gracious host to our Washington DC delegation.
Copyright Office Requests Public Comment
The U.S. Copyright Office is seeking public comment on potential changes to the mandatory deposit regulations for electronic works not available in a physical format. Comments are due July 18, 2016. More info here.
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
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
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
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 firstname.lastname@example.org
Featured CLE Program from Our Catalog!
Did you miss it? It's available in our online catalog for CLE credit!
Startups: Avoiding Common Pitfalls of Starting a Company
For entrepreneurs and their counsel. Built a better mousetrap? How do you protect your IP and Other assets? Come learn how to avoid the common legal mistakes entrepreneurs make when forming their companies, in this program featuring speakers from the IP and Business Law sections. What form of entity is best for you? How to get started? How do you raise funds and still protect your equity? How do you make certain no one will steal your ideas? Learn about these issues and more.
1.5 Participatory MCLE Credits
For other Intellectual Property Law Section programs, see www.calbar.org/online-cle and select Intellectual Property Law Section.
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 Aurelia
The Intellectual Property Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105