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Intellectual Property Law Section

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 Intellectual Property Law Section

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Photos from the IP Institute. See the large version on the IP Section's Facebook Page
--Section chair, Andy Stroud, introducing former chair Warren Dranit and Tom McCormick from the Craftsman Craft Brewer's Association, at the IP and IPA beer tasting event. — at The Claremont Hotel Club & Spa.Luncheon speaker, author Sheldon Siegel — at The Claremont Hotel Club & Spa.IP Section vice chair, Sophie Cohen with Shabnam Malek — at The Claremont Hotel Club & Spa.2013 Vanguard winner Neil Netanel (academic) with 2009 Vanguard winner Mark Lemley (academic) — at The Claremont Hotel Club & Spa.Section chair, Andy Stroud with 2013 Vanguard winner Lee Cheng (in house counsel) and Shelly Stroud. — at The Claremont Hotel Club & Spa.Former IP Section chair, Jimmy Nguyen presenting Vanguard award to Neel Chaterjee (private practice) — at The Claremont Hotel Club & Spa.Former IP Section chair, Jimmy Nguyen presenting Vanguard award to the Honorable Lucy Koh (judiciary) — at The Claremont Hotel Club & Spa.

Upcoming Standing Committee Meetings and MCLE Programs

Other News

Third-Party Programs

Upcoming MCLE Programs and Meetings

Licensing Interest Group Teleconference

Wednesday, April 16, 2014, 12 noon - 1 p.m.

Call in number: 855-520-7605. Conference Code: 1211276419#

Monthly "All Hands" conference call for Licensing Interest Group members to talk about upcoming webinars and conferences, discuss new officers and other opportunities for members to get involved and Hot Topics in Licensing. Please note: Our monthly calls are the 3rd Wednesday of every month. For more information, contact the Chair James C. Roberts III at jcr@globalcaplaw.com.

Webinar: Patent Reform 2.0 - Overview of the Current Proposals and Debate in Congress

Wednesday, April 16, 2014, 12 noon - 1 p.m.

Presented by the In-House Counsel Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Join the In-House IG on April 16, 2014 at noon for "Patent Reform 2.0 -- Overview of the Current Proposals and Debate in Congress." In 2011, Congress passed and the President signed the America Invents Act, a sweeping overhaul of the patent system. Less than two years later, in 2013, Congress began debating a new set of legislative proposals related to patents. Join us for a discussion of the current proposals and their potential effects your practice, led by a DC veteran deeply involved in the current debate.

Moderators:

  • Derrick Brent is Vice-President and Associate General Counsel for Masimo Corporation, a medical technology company where he provides counsel and handles legal matters relating to intellectual property, employment, compliance and public policy. Prior to joining Masimo, Derrick served as a Senior Trial Attorney in the Civil Rights Division of the Department of Justice, and Senior Counsel to Sen. Barbara Boxer of California.

  • Georgann S. Grunebach, Fox Group Legal

Speaker:

  • Vince Garlock is the Deputy Executive Director of the American Intellectual Property Law Association (AIPLA), a national bar association of over 16,000 members dedicated to improving the domestic and international laws related to all forms of intellectual property. As Deputy Executive Director, Vince is involved in the shaping, development and communication of AIPLA's domestic policy initiatives. Prior to joining AIPLA, Vince was Of Counsel at the DC law firm of Verner Liipfert, and served as counsel to the House of Representatives, Committee on the Judiciary, where he was involved in the consideration of numerous significant pieces of intellectual property legislation. Prior to moving to DC, Vince served as a prosecutor and private litigator in Ohio. Vince holds an LLM in Intellectual Property Law from George Washington University, a JD from the University of Toledo, and a B A from the Ohio State University.

Webinar: Litigating Patent Damages: The Art and Science Behind Post-Judgment Royalties

Tuesday, April 22, 2014, 12 noon - 1 p.m.

Presented by the Patent Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Patent damages, specifically those relating to post-judgment royalties will be discussed. The historical background leading up to why post-judgment royalties is currently an issue with which district courts are grappling, how courts have addressed the issue procedurally, and various frameworks courts have used to ascertain such royalties will be covered.

Moderator: Sanjesh Sharma

Speaker: Karen Vogel Weil is a partner in the Los Angeles office of Knobbe, Martens, Olson & Bear, LLP. She specializes in all types of intellectual property litigation and appeals, including patent, trademark, trade dress, copyright and trade secret disputes. Ms. Weil has spearheaded the damages portion of numerous trials handled by Knobbe Martens, representing both plaintiffs and defendants. Ms. Weil has spoken extensively on aspects of intellectual property litigation, including patent and trademark damages. Ms. Weil received her undergraduate degree from the University of California at Davis in 1980 and her J.D. from the George Washington University in 1984.

Copyright Interest Group Teleconference

Wednesday, April 23, 2014, 12 noon - 1 p.m.

Call in number: 855-520-7605. Conference Code: 1211276419#

The Copyright Interest Group will hold a group call on Wednesday, April 23 at 12 noon. During the call we will have open discussion about the latest copyright developments, such as important new cases and proposals to amend copyright law and procedures. We may also discuss potential topics for CLE presentations, social events and articles.

All IP Section members interested in getting more involved with the Copyright Interest Group are invited to participate, as well as those who simply want to provide input.

The call will be moderated by Chris Lockard, Chair of the Copyright Interest Group. If you can't make the call but want to be involved, please feel free to send Chris an email at Chris.Lockard@clorox.com.

Webinar: License Agreement Landmines: Accidental Franchises in the Digital World

Thursday, April 24, 2014, 12 noon - 1 p.m.

Presented by the Licensing Interest Group, co-sponsored by the Business Law Section of The State Bar of California

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

A license agreement can subject your client to complicated, and costly, franchise regulation. We will address the risks in the digital world, from software licenses to SaaS & other Cloud agreements, turning to practical solutions, from exemptions to agreement provisions.

Speakers:

  • Gerard P. Davey specializes in franchising law and is a Board Certified Specialist in Franchise and Distribution Law. He was the founding Chairman of the Franchise and Distribution Law Advisory Commission of the California Board of Legal Specialization and author of two California franchise-related laws (Corp. Code &Sect;31108 and Bus. & Prof. Code §22063). He is also a chapter author of California Franchise Law and Practice (CEB, 2011).

    Mr. Davey’s firm represents both publicly-held corporations and private entrepreneurs, including numerous franchisors and franchisees, involving the creation of franchise programs and agreements, franchise registrations, franchise disputes and other franchise issues. He serves as special franchise counsel for numerous business law firms regarding franchise litigation, M&A transactions, due diligence and other franchise matters. He has also served as a mediator, arbitrator and expert witness in numerous franchise-related legal proceedings. Mr. Davey formerly served as Vice President and Corporate Counsel for both Century 21 Real Estate and Coldwell Banker Real Estate.

  • James C. Roberts III is the managing principal of Global Capital Law Group PC and its consulting arm, Global Capital Strategic Group, advising on technology, international and transactional matters, many of which include technology licenses. Clients range from large corporations to start-ups in digital media & technology, Cloud, mobile, software, biotech and greentech. He commutes between California and Milan. Mr. Roberts is Chair of the Licensing Group of the IP Section. He frequently writes or speaks on startups and venture capital.

Entertainment and Sports Law Networking Mixer

Thursday, April 24, 2014, 5:30 p.m. - 7:30 p.m.

Americano Restaurant and Bar (look for us inside)
Eight Mission Street
San Francisco, California 9410

Please join us for a Networking Mixer at Americano Restaurant and Bar in San Francisco on April 24, 2014. If you are a member, or are interested in being a member of the Entertainment and Sports Law Interest Group of the IP Section, come meet a broad array of diverse practitioners in a relaxed and inviting venue. Officers of the Interest Group will be at Americano to answer questions and provide information about the Group. We will be providing drink tickets to the first 15 members of the Interest Group who attend. For more information, contact Chair Elizabeth J. Rest at elizabeth@hiaringsmith.com.

Webinar: Chasing Ghosts: Protecting Brands in the Digital Space

Tuesday, April 29, 2014, 12 noon - 1 p.m.

Presented by the Trademark Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Protecting trademarks in the ever-changing digital space is like hitting a moving target. It presents new challenges for brand owners every day. This webinar will explore changes and best practices for online trademark enforcement in this constantly evolving landscape.

Moderator: Pete Bromaghim's practice focuses on domestic and international trademark prosecution and enforcement. Pete counsels clients on trademark availability and portfolio strategy, and negotiates trademark usage and license agreements on their behalf. He has managed many opposition and cancellation proceedings before the Trademark Trial and Appeal Board. He also has significant experience enforcing and policing copyright and trademark rights on the Internet, especially with regard to domain names and online advertising.

Before joining BSTZ, Pete handled trademark, copyright, and other intellectual property law matters for a law firm in Ventura County. Prior to that, Pete served as a trademark examining attorney at the U.S. Patent and Trademark Office, where he made determinations on thousands of trademark applications, and represented the Office in ex parte appeals.

Pete is currently a member of the Section's Executive Committee and is also Secretary of the Trademark Interest Group.

Speaker: Marina Lewis is an attorney in Finnegan, Henderson, Farabow, Garrett & Dunner, LLP's Palo Alto office, where she focuses on trademark, domain name, and Internet law. In particular, she counsels clients on a broad range of Internet and cyber law issues, including on-line brand enforcement, UDRP proceedings, and anti-cybersquatting procedures. She also advises clients on consumer privacy and regulatory issues, including compliance with the Digital Millennium Copyright Act (DMCA), the Communications Decency Act, and the Children's Online Privacy Protection Act (COPPA).

Webinar: Hot Topics in ANDA Litigation

Thursday, May 8, 2014, 12 noon - 1 p.m.

Presented by the Patent Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Recent developments and issues in ANDA (Hatch-Waxman) litigation including "pay-for delay" and antitrust issues as well as case law which expanded the Hatch-Waxman "safe harbor" provision to include post-approval activities will be explored.

Moderator: Sanjesh Sharma

Speaker:Sarah Sheldon Brooks is a Shareholder in Stradling Yocca Carlson & Rauth's Intellectual Property group. Ms. Brooks received her B.S in Biology from Tufts University and worked as a laboratory research technician at the Children's Hospital Boston before attending law school at Tulane University. Ms. Brooks started her legal career at the intellectual property boutique of Fitzpatrick Cella Harper & Scinto in New York where she successfully litigated ANDA cases for some of the world's largest pharmaceutical companies. A native of California. Ms. Brooks returned to California where she continues to represent Southern California's pharmaceutical, biotech and medical device companies. Ms. Brooks is an experienced trial attorney and recently served as lead trial counsel in a patent infringement action on behalf of the patentee and secured a jury verdict of willful infringement against the competitor for its patent infringement and copyright infringement.

Technology, Internet, & Privacy Interest Interest Group Teleconference

Wednesday, May 14, 2014, 12 noon - 1 p.m.

Call in number: 855-520-7605. Conference Code: 1211276419#

Please join the Technology, Internet, & Privacy Interest Group for its monthly conference call on Wednesday, May 14 at 12 pm. Can't be on the call? Follow along as we live tweet our minutes by following #CAIPSection, or contact Hannah Poteat at hpoteat@poteatlaw.com.

Webinar: Tips From The Trademark Trial and Appeal Board: Motions for Summary Judgment

Tuesday, May 20, 2014, 12 noon - 1 p.m.

Presented by the Trademark Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Our panel, a TTAB judge, TTAB senior counsel and an interlocutory attorney, will provide valuable practice tips on the do’s and don’ts for summary judgment motions. They will also address Rule 56(d) motions for additional discovery and how to utilize accelerated case resolution.

Moderator: Mark Leonard, Chair, Trademark Interest Group

Speakers:

  • Hon. Michael Adlin is an Administrative Trademark Judge with the Trademark Trial and Appeal Board (“TTAB”). He previously served as an Interlocutory Attorney with the TTAB, and before that was an Attorney-Advisor with the USPTO’s Office of Enforcement, part of the USPTO’s Office of External Affairs. Prior to joining the USPTO, Mr. Adlin was in private practice as an associate, of counsel and partner with the national law firms Arter & Hadden, Piper Rudnick and Manatt, Phelps & Phillips, respectively. Mr. Adlin received a J.D. from Boston University School of Law, and a B.A. in Political Science and Public Policy from Duke University.

  • Cheryl Butler is Senior Counsel for TTAB Policy and Procedure and the TBMP Editor. Before taking her present position, Ms. Butler was an Interlocutory Attorney and, prior to that, was a Trademark Examining Attorney. Ms. Butler received her J.D. from George Mason University School of Law and her B.S. in Geosciences from the University of Arizona.

  • Cheryl Goodman is an Interlocutory Attorney with the TTAB. Prior to joining the TTAB, she was a Trademark Examining Attorney with the USPTO Trademark Examining Operation. Prior to joining the USPTO, Ms. Goodman worked for the Office of Thrift Supervision (now merged with the Office of Comptroller of Currency, U.S. Department of Treasury) as an Enforcement Attorney. Ms. Goodman received a J.D. from Florida State University College of Law, and a B.S. from University of Illinois, Champaign-Urbana.

Licensing Interest Interest Group Teleconference

Wednesday, May 21, 2014, 12 noon - 1 p.m.

Call in number: 855-520-7605. Conference Code: 1211276419#

Monthly “All Hands” conference call for Licensing Interest Group members to talk about upcoming webinars and conferences, discuss new officers and other opportunities for members to get involved and Hot Topics in Licensing. Please note: Our monthly calls are the 3rd Wednesday of every month. For more information about this program, contact Chair James C. Roberts III at jcr@globalcaplaw.com.

Webinar: Value-Add Patent Prosecution in Japan: Client Tailored Strategies for the JPO

Thursday, June 5, 2014, 11 a.m. - 12 noon

Presented by the Trademark Interest Group

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Japanese patent attorneys who represent and advise non-Japanese clients on patent protection in Japan will discuss strategies for US applicants in prosecuting patents before the Japanese Patent Office (JPO).

Moderator: Rebecca Chen is the Foreign Counsel Liaison at SUGIMURA International Patent & Trademark Attorneys. She leads the firm’s business development and client relations within North America, South America, and Europe. Working with the firm’s Japanese patent attorneys, she consults clients on Japanese IP matters, keeping them up-to-date with current IP issues. Ms. Chen is active in the IP community and serves as the delegate for the California State Bar, IP Section on the US Bar/JPO Liaison Council, as a Vice Chair of the ABA YLD IP Law Committee, and as a member of the AIPF Annual Meeting Committee. Prior to joining SUGIMURA, Ms. Chen gained experience working in the legal department of an international software company in Minneapolis, USA and at law firms in New York, USA and Beijing, China.

Speakers:

  • Takayoshi Kawai is a Director of International Filing at SUGIMURA International Patent & Trademark Attorneys. His practice encompasses patent prosecution in the electrical engineering, software, mechanical engineering, and medical device fields. Mr. Kawai has particular expertise in the areas of image processors, object detecting software, navigation software, authentication software, electronic commerce, telecommunications, remote monitoring systems, breathing masks, aircraft landing gears, automobiles, and automobile parts. Prior to joining SUGIMURA, he worked in the IP department of TIS Inc. for over 10 years where his responsibilities included patent and trademark fillings; and drafting and negotiating licensing, system development, and joint venture agreements. During his graduate studies at The George Washington University and early in his career, Mr. Kawai lived in Washington, D.C. for four years.

  • Tatsuya Sawada is the Executive Director of International Filing at SUGIMURA International Patent & Trademark Attorneys and leads their US branch office. His practice encompasses patent prosecution and litigation in the mechanical, electrical, optical, and food engineering fields. As the Executive Director of International Filing, Mr. Sawada oversees the prosecution of Japanese patents, designs, and trademarks for our international clients. He advises clients on Japanese IP matters and is a frequent speaker at IP conferences. Mr. Sawada is often sought to consult on the important differences between Japanese IP law from and the clients’ domestic IP laws, application and enforcement procedures, and infringement suit representation.

IP and the Internet Conference

Link to IP and the Internet pageSave the Date! Thursday, June 12, 2014, Los Angeles

The popular full-day IP and the Internet conference returns with its traditional exploration of the nexus between IP law and technology.

Speakers will include author and vanguard practitioner Ian Ballon providing hot topics in internet law and Mary Dent, former GC of Silicon Valley Bank and co-founder of dcIQ, providing practical insights on the rapidly changing world of virtual currency.

Venue is the beautiful and conveniently located Luxe Sunset Boulevard in Los Angeles.

Of course, there will also be several opportunities for networking including a luncheon.

Get the date on your calendar now! Program details and registration info to follow.

The Copyright Office Comes to California - Save the Date!

Link to The Copyright Office Comes to California pageSave the Date! The Copyright Office Comes to California program is set for Monday, October 6, 2014 at the Los Angeles Airport Marriott Hotel and Wednesday, October 8, 2014 at the Julia Morgan Ballroom in San Francisco.

This popular full-day conference returns with programming on the activities and priorities of the Copyright Office, useful advice for copyright practitioners, analysis of recent copyright litigation and discussions about the future of copyright law.  Speakers will include senior officials from the U.S. Copyright Office as well as other leading copyright experts.

Get the date on your calendar now! Program details and registration info to follow.

IP Institute Save the Date!

Hyatt Regency, Link to IP Institute PageSave the Date for the 2014 Intellectual Property Institute and 6th Annual IP Vanguard Awards will be held November 6-7, 2014  at the Hyatt Regency Orange County (Disneyland) 11999 Harbor Blvd, Garden Grove, CA.

The 6th Annual IP Vanguard Award Luncheon will be held Friday November 7, 2014, 12 noon - 1 p.m. 

Other News

Your Nominations Sought for the IP Vanguard Awards

Start thinking about your nominations for the 2014 IP Vanguard Awards!

Achievements are honored in the following categories:

  • In-House Counsel
  • Private Practice
  • Academic/Public Policy
  • Judicial

The full criteria and information about past honorees are available at IPVanguard Awards. Please submit your nominations for the 2014 IP Vanguard Awards by June 27, 2014, using the 2014 Nomination Form.)

6 Hours of Self-Study CLE in the Specialty Areas -- Complimentary for Members of the IP Section!

As a 2014 benefit of Section membership, we are pleased to offer six hours of MCLE credit, offering credit in all of the MCLE subfields.

The Section thanks you for your membership!If you were purchasing these courses individually in our Online Catalog, they would cost $210 -- so that's your Section membership more than paid for, and then some!

Just watch these programs, and keep a record of having done so in the event you're audited for MCLE compliance.

You can access these programs and the accompanying written materials any time this year in the Members Only Area.

Elimination of Bias in the Legal Profession
  • Navigating Diversity
Detection and Prevention of Substance Abuse and Emotional Distress
  • Coping with the Unique Challenges of Legal Practice
Legal Ethics
  • Avoiding the State Bar Disciplinary System
  • Client Trust Accounting Fundamentals
  • Ethical Implications for Lawyers in Cyberspace and Social Media
  • Ethics and Civility: Want an Extension? Forget about It!

Updates from the Entertainment and Sports Interest Group

Garcia v. Google: In Limited Circumstances, an Actor May Have a Valid Copyright Interest in a Film Performance

In a controversial decision, the Ninth Circuit Court of Appeals has ruled that, in limited circumstances, an actress may have a valid copyright interest in her film performance. The facts giving rise to the case and its decision are highly unusual. Mark Basseley Youssef (aka Nakoula Basseley Nakoula, aka Sam Bacile) hired the Plaintiff, Cindy Lee Garcia, to play a minor role in a movie tentatively titled “Desert Warrior.” No written agreement was executed between Garcia and Youssef, but she was paid $500 for her performance. Unbeknownst to Garcia, her performance for “Desert Warrior” was used in the anti-Islamic film “The Innocence of Muslims,” wherein the phrase “Is your Mohammed a child molester?” was overdubbed during her dialogue. Garcia, and indeed the world, learned of the film after it was posted on YouTube. An Egyptian cleric issued a fatwa against the film participants, and Garcia began receiving death threats. Google, YouTube’s parent company, denied Garcia’s eight takedown notices filed under the DMCA (17 USC § 512) because it claimed that Garcia was not a valid copyright holder in the film.

The case arrived at the Ninth Circuit on an appeal of the district court’s denial of a preliminary injunction to remove the film from YouTube. In an opinion written by Chief Judge Kozinski, which cites Sanford Meisner on Acting and uses the term “schmuck” twice, the Court reversed the lower court’s denial of Garcia’s preliminary injunction request. Specifically, the Court held that Garcia was likely to succeed on the merits of the case because she had an independent copyright interest in her performance and would suffer irreparable harm if the injunction did not issue because she was in danger of being killed. The peculiar facts of this case merited such a copyright interest because: (1) the work for hire doctrine did not apply in this case because Garcia was not a traditional employee, Youssef was not in the regular business of making films, and they had no written agreement; and (2) Youssef exceeded the scope of Garcia’s implied license to use her performance in the film when he lied to her about his intended use of the material. Reactions to the case have been mixed. Google and its amici predict film-industry chaos as a result of the decision and are seeking a rehearing en banc at the 9th Circuit.  Google has also asked for a stay of the Appeals Court Order. In the meantime, Garcia has filed for a contempt of court order against Google for its alleged “near-total disregard” of the Court’s Order.

Aereo - Public Performance or Private Use?

On April 22, 2014, the Supreme Court will hear oral arguments in a case that pits every major television broadcast company against the start-up company Aereo to decide whether a company “publicly performs” a copyrighted television program when it retransmits a broadcast of that program to paid subscribers over the Internet. The controversial startup captures broadcast TV programs and distributes them digitally to its subscribers without paying public performance royalties to the copyright owners. The broadcasters contend that Aereo’s behavior is a public performance because it simply uses new technology to retransmit television broadcasts. Aereo contends its service is private in nature because each transmission is a single unique copy intended for a single subscriber. Both sides predict dire consequences if the other is successful. Broadcasters have implied that Aereo’s success would spell the end of broadcast television at the hands of digital circumvention of the Transmit Clause of the Copyright Act of 1976. Aereo has argued that a resolution in favor of broadcasters would create a significant chilling effect that would stifle digital distribution of entertainment content. We will have to wait and see which way the Supreme Court rules.

FCC Considers Implementing New Open Internet Rules

The U.S. Court of Appeals for the District of Columbia recently struck down the FCC’s rules regarding anti-discrimination and anti-blocking, which required Internet providers to treat all web traffic the same.Despite this blow to Internet neutrality, hope is not lost for those in favor of neutral web-traffic treatment and relatively inexpensive digital media.Three weeks ago, FCC Chairman Tom Wheeler issued a statement wherein he committed to creating new net neutrality rules in accordance with the Court’s guidance that the commission base the new rules on sufficient legal rationale. For those of you keeping score at home, Chairman Wheeler intends to use Section 706 of the Telecommunications Act of 1996 (and perhaps Title II of the Communications Act) for the new rules’ base(s). In the statement, Chairman Wheeler expressed strong support for net neutrality stating, “[t]he FCC must stand strongly behind its responsibility to oversee the public interest standard and ensure that the Internet remains open and fair.”

Updates from the US Copyright Office

The Office is seeking public comments on potential legislative solutions for orphan works and mass digitization under U.S. copyright law. A comment form will be posted on the Copyright Office website at http://1.usa.gov/1dd1W02 no later than March 12, 2014. Comments are due by April 14, 2014, and will be posted on the Copyright Office website.

For the complete Notice of Inquiry, which provides details about the roundtables and instructions for commenting, see the Federal Register (79 FR 7706).

Calendar

  • May 1, 2014: Effective date of new Copyright Office fee schedule
  • May 5, 2014: Public roundtable on “making available” study
  • May 16, 2014: Due date for comments on current state of the music licensing marketplace
  • May 21, 2014: New due date for comments on orphan works and mass digitization and responses to public roundtable

 WRITERS WANTED for New Matter

New Matter invites you to write and submit original articles on current issues relating to intellectual property, such as reasoned opinion, practice tips, or  scholarly analysis.

New Matter is looking for articles between 1500-6000 words.  Please contact the Acquisitions Editor, Amanda Nye anye@lawyersatlargellc.com for more details.

For more information, please contact our editorial staff at newmatterjournal@yahoo.com.

LinkedInThe IP Section Is Now on LinkedIn

We invite you to connect with us in our new IP Section LnkedIn Group!

Did You Know You Can Beef Up Your Member Record on the State Bar's Website?

Were you aware of the feature on the State Bar's website that allows you to add a photo and otherwise expand your State Bar profile?

Using a secure link within My State Bar Profile, attorneys may add information to their public record to include area(s) of practice, any additional language(s) spoken, their law firm's website address and a photo.

To get started, log in to My State Bar Profile, and click on the "Expanded Profile" link.

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 Winter 2013 issue, you can earn credit for the article Top 10 Ethics Violations Resulting in Discipline by the USPTO: An Update. 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.

Interested in Advertising in New Matter?

If you're interested in advertising in New Matter, please note our ad rates.

Eligible Advertisers:

Law Firms,
Court Reporting Services,
IP Search Services,
IP Insurance Services,
eDiscovery Service Companies,
Legal Research Companies,
Legal Staffing Companies
And any other legal service company.

Ad Size/ Issues 1 Issue 2 Issues 3 Issues 4 Issues
¼ Page $1,200 $2,300 $3,300 $4,000
½ Page $1,600 $3,000 $4,200 $5,000
Full Page $2,400 $4,500 $6,300 $7,500

Now 50% Off! 2011 Supplement to Trade Secret Litigation and Protection in California (Second Edition)

New! The Trade Secret Treatise is now on sale at 50% off. IP Section members can purchase the Supplement and Treatise together for $55. Or you can get the Treatise for $45 and the Supplement for $10. Non members can get theTreatise and the Supplement for $75.

To take advantage of the special offer, use the Special Offer -- IP Treatise Order Form and return it to The IP Section, The State Bar of California, 180 Howard Street, San Francisco, CA 94105; or fax it to 415-538-2368.

Online CLEDid You Miss One of Our Webinars or Self-Study Tests? Our Recent Programs Have Been Added to Our CLE Catalog

Listen to Intellectual Property Law Section programs over the internet for participatory MCLE credit. Choose from more than a hundred hours of IP-related programs, and hundreds of other official State Bar of California MCLE programs.

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

Tips for Effectively Searching the USPTO Database Using TESS -- Part 1

A multi-part series on TESS searching skills will be discussed. The three forms of search options available, followed by an exploration of free-form searching, field operators, and truncation will be explained.

1 hour participatory MCLE credit; $35
More Information 

Tips for Effectively Searching the USPTO Database Using TESS -- Part 2: Design Searching and Nontraditional Mark Searching

This program will cover design searching basics using the Design Code Manual, and searching for nontraditional marks. The presenters are Alex Butterman, a former examining attorney at the USPTO, and current trademark associate at Staas and Halsey LLP; and Ed Timberlake, a former examining attorney at the USPTO and former Copyright Examiner at the U.S. Copyright Office, now in private practice with his own firm, Timberlake Law.

1 hour participatory MCLE credit; $35
More Information 

Tips for Effectively Searching the USPTO Database Using TESS -- Part 3: Advanced Searching Tips and Using TESS in Response to Refusals

Tips for Effectively Searching the USPTO Database Using TESS -- Part 3: Advanced Searching Tips, Including Using TESS for Information on Descriptiveness, 2(d) Refusals, and Competitive Intelligence Purposes. Advanced searching tips, including TESS for Information on Descriptiveness, 2(d) Refusals, and Competitive Intelligence Purposes will be discussed.

1 hour participatory MCLE credit; $35
More Information 

Listen to Intellectual Property Law Section programs over the internet for participatory MCLE credit. Choose from more than a hundred hours of IP-related programs, and hundreds of other official State Bar of California MCLE programs.

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

Save Money with CEB

CEB Discount Program for Section MembersContinuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Intellectual Property Law Section, you're eligible for:

  • 10% off selected CEB print or online books
  • A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket

A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.

Third-Party Programs

Privacy Issues Center Stage at CARU West Coast Conference; Joanne McNabb to Keynote

Wednesday, May 7, 2014, Beverly Hills

Joanne McNabb, Director of Privacy Education and Policy, Office of the Attorney General, California Department of Justice, will keynote the Children’s Advertising Review Unit (CARU) 4th Annual West Coast Conference, May 7, Beverly Hills Hilton, Beverly Hills, CA.

CARU, an investigative unit of the advertising industry’s system of self-regulation, monitors advertising in all media and online privacy practices as they affect children. CARU’s West Coast Conference -- Marketing to Children in a Digital Landscape” -- will bring together privacy professionals, legal experts, regulators, and marketers.

Ms. McNabb’s address -- “ Privacy and Security: The California Perspective” -- will be followed by panels on revisions to the Children’s Online Privacy Protection Act (COPPA) and the privacy challenges of mobile marketing directed to children.

More information about the conference is available here.

To learn more about CARU or about advertising industry self-regulation, please visit www.asrcreviews.org.

ITechLaw 2014 World Technology Law Conference & Annual Meeting

Wednesday-Friday, May 14-16, 2014, New York City

ITechLaw invites you to the ITechLaw 2014 World Technology Law Conference & Annual Meeting, to be held in New York City, on May 14-16, 2014. As an Affiliate Sponsor of this event, State Bar of California’s IP Section members are eligible to register at the ITechLaw Member & Affiliate level for this conference, a savings of nearly $200.

To register, visit http://www.itechlaw.org/newyork2014/register.html and click Register Now. Please choose the ITechLaw Member & Affiliate registration level, and enter CALBAR14 as the affiliate code at the prompt during the registration process. Early Bird Registration savings end April 4, 2014, so we encourage you to register early.

During the 2014 World Technology Law Conference & Annual Meeting, you can expect a high-level, professional exchange of knowledge and skills related to technology law, including:

  • More than 225 industry professionals from over 40 countries;
  • 35+ renowned speakers providing in-depth presentations and contributed papers; and
  • One-on-one discussions with your colleagues from around the globe during the many networking opportunities throughout the conference.

Industry leaders from around the globe will discuss the most critical issues in technology law, including:

  • Innovation;
  • Licensing and Contracting;
  • Cyber Security;
  • Mobile Telecoms;
  • Data Privacy Perspectives;
  • Media Convergence;
  • Internet & Social Media
  • Intellectual Property; and
  • Interactive Workshops on E-Commerce and Outsourcing

Grow your global referral network through the conference's many social events, including a Welcome Reception at the Waldorf Astoria New York, a formal, black-tie encouraged Gala Dinner (ticketed event) on Thursday, May 15, and our informal Closing Reception on Friday, May 16.

Visit http://www.itechlaw.org/newyork2014/index.html for more information and to register. Contact ITechLaw Member Services (memberservices@itechlaw.org) or call 1-781-876-8877 for additional information.

Contact Us

Intellectual Property Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2375
415-538-2368 fax