Inevitable Disclosures
December 31, 2016

Contents

Live Programs

Tips and Tricks for IP Practitioners

Tuesday, January 24, 2017
JW Marriott Santa Monica Le Merigot
1740 Ocean Avenue
Santa Monica, CA 90401

Earn 6.75 Hours MCLE Credit

You can REGISTER ONLINE NOW for this program. 
Please note: Online registration will close after January 17, 2017.

Program Schedule | Essential Information | 
Printable Brochure | Mail / Fax Reg. Form | 
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For more information, see Tips and Tricks for IP Practitioners.

 

Interest Group Calls

January 4 Copyright Interest Group Call

Time: 12 noon – 1 p.m.

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, we will discuss current cases and developments in copyright law. Each month a presenter will lead the discussion.We will also discuss opportunities to write articles, coordinate webinars, speak on webinars, and participate in the IP section in other ways. Please note: Our monthly calls are the 1st Wednesday of every month.

January 13 Licensing Interest Group Call

Time: 12 noon – 1 p.m.

To participate in the call, 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.

IP Teleconference Call

The White House Office of the U.S. Intellectual Property Enforcement Coordinator To Discuss IPEC and the Recently Released Joint Strategic Plan

January 10, 2017, from 12:00 p.m. - 1:00 p.m. free to all members of the Intellectual Property Law Section. Call in information is as follows: Telephone: (855) 520-7605; Conference Code: 1211276419.

The White House Office of the U.S. Intellectual Property Enforcement Coordinator (“IPEC”) is charged with developing the Federal Government’s intellectual property enforcement strategy, and is the primary office responsible for coordinating the efforts of the criminal, national security, and economic agencies engaged in intellectual property policy and enforcement. IPEC’s goal is to minimize illegal and damaging intellectual property theft. IPEC works with relevant federal agencies, law enforcement organizations, foreign governments, private companies, public interest groups, and others to develop and implement the best strategies to conduct this fight. IPEC aims to foster and protect invention and creativity by reducing infringement at home and abroad.

On December 12, 2016, IPEC released its Joint Strategic Plan on Intellectual Property Enforcement (FY 2017-2019) titled "Supporting Innovation, Creativity & Enterprise: Charting a Path Ahead." The plan is a blueprint for the work to be carried out over the next three years by the federal government in support of a healthy and robust intellectual property enforcement policy environment. See: https://www.whitehouse.gov/sites/default/files/omb/IPEC/2016jointstrategicplan.pdf

We are very honored that Daniel (Danny) Marti, the U.S. Intellectual Property Enforcement Coordinator, and Philippa Scarlett, the Deputy Intellectual Property Enforcement Coordinator, will be speaking to members of the Intellectual Property Law Section on a teleconference on January 10, 2017, from 12:00 p.m. - 1:00 p.m. PST about IPEC and its ongoing efforts in the field of intellectual property rights enforcement, as well as to answer any questions about the Joint Strategic Plan.

Daniel Marti currently serves as the White House Intellectual Property Enforcement Coordinator within the Executive Office of the President. Mr. Marti was nominated by President Barack Obama in August 2014, and unanimously confirmed by the United States Senate on March 9, 2015. As the Intellectual Property Enforcement Coordinator at the White House, Mr. Marti leads the Administration’s efforts to develop a strategic plan on the enforcement of intellectual property rights—including trade secrets, trademarks, copyrights and patents—and is responsible for coordinating the efforts of the U.S. Government criminal, national security, and economic agencies engaged in intellectual property policy and enforcement.

Prior to joining the Administration, Mr. Marti was a partner at a large international law firm, where he specialized in the protection, management and enforcement of intellectual property assets in the United States and abroad. Mr. Marti received his J.D. from Emory University School of Law, and his undergraduate degree from Georgetown University.

Philippa Scarlett is the Deputy Intellectual Property Enforcement Coordinator in the Executive Office of the President. Before joining the White House, she served as Deputy Associate Attorney General at the U.S. Department of Justice, where she oversaw and managed litigation and policy matters of the Antitrust Division, Civil Rights Division, Access to Justice Office, as well as intellectual property matters. Before her current service in government, Ms. Scarlett was a litigation partner at the law firm Kirkland & Ellis LLP, where she was recognized as among the top "Minority 40 Under 40" in the country by the National Law Journal. Earlier in her career, she also served as an associate at Boies, Schiller, & Flexner LLP. She was a law clerk for Justice Stephen Breyer on the U.S. Supreme Court and for Judge Ann C. Williams on the U.S. Court of Appeals for the Seventh Circuit. Ms. Scarlett holds a B.A. from Stanford University, an M.A. from Harvard University, and her J.D. from Columbia Law School. She has lived in Africa, Asia, Europe, and South America. She is proficient in French and German and conversant in Spanish and Portuguese.

Webinars

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.

REGISTER TODAY

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

Therese Lawless is a partner in the law firm of Lawless & Lawless where she practices employment and civil rights law on behalf of employees and individuals. Ms. Lawless is a former president of the San Francisco Trial Lawyers Association. She is a member and past board member of the Consumer Attorneys of California and is a member of the National Employment Lawyers Association and the California Employment Lawyers Association.  In 2015, Ms. Lawless represented Ellen Pao in a landmark gender discrimination case against venture capital firm Kleiner, Perkins Caufield and Byers.

Denise Trani-Morris is Counsel at Sedgwick, LLP, San Francisco, and practices exclusively in the area of employment law.  She is a member of the Firm's Inclusion & Diversity Committee and San Francisco Chair and a member of the National Employment Law Council. She speaks frequently on issues concerning inclusion and diversity, and provides management training on how unconscious biases, that impact the workplace, can be avoided.

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.

REGISTER TODAY

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, O’Melveny & Myers LLP

Speakers:  

Cheryl Johnson, California Department of Justice

Erika Lietzan, University of Missouri School of Law

Rosanna McCallips, Jones Day

Webinar Replay: What Works for Women at Work – Four Patterns Working Women Need to Know to Fight Gender Bias

Thursday, February 2, 2017, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit in Elimination of Bias in the Legal Profession and Society.
Co-sponosored by the IP Section Licensing Interest Group and the Labor and Employment Section.

REGISTER TODAY

Join us for a dynamic presentation led by Professor Joan C. Williams, one of the nation’s most cited experts on women and work, about her latest book – What Works for Women at Work: Four Patterns Working Women Need To Know.

The presentation offers savvy advice, based on extensive research and interviews with 127 highly successful women, to help women navigate office politics and thrive in high-powered careers. Drawing on hundreds of published studies, Williams pinpoints the ways office politics are trickier for women than men, and even trickier for women of color, identifying four distinct patters of gender bias:

•  Women have to prove themselves over and over (“Prove-It-Again!”);

•  They must navigate a tightrope between being too masculine and too feminine (“Tightrope”);

•  Having children just compounds both problems (“Maternal Wall”); and

•  Gender bias against women often fuels conflicts among women (“Tug of War”).

This presentation provides specific strategies used by highly successful women at the top of their fields to navigate workplaces shaped by subtle bias. Williams offers strategies beneficial to a wide range of women, be they timid or assertive, white or a woman of color, juggling a family or single, 20 or 60 years old. The result is a researched-based “how-to” manual for any woman trying to figure out what concrete steps she can take to advance her career and cope with bias. Please join us for an engaging discussion about the challenges women face in today’s workplace, and learn about data-driven strategies that will help women succeed.

Speaker:  Joan C. Williams

 

News

Call for Applications: Join the IP Section Executive Committee

Application deadline: January 27, 2017

Each year the IP Section offers attorneys in California an opportunity to contribute to the legal profession and the public by volunteering to serve on its Executive Committee. This gives IP Section members a great opportunity to get more involved with the Section, to network with colleagues, and to work on programs and other projects of interest. Our Executive Committee:

  • communicates recent developments and current issues in IP law and practice to its section membership and facilitates interaction among its members;
  • presents MCLE-accredited programs throughout the year;
  • holds retreats and networking receptions, among other exciting activities; and
  • publishes New Matter.

For more information and details on how to apply, click here.

Librarian of Congress Issues Online Survey

Librarian of Congress issues online survey for input on next Register of Copyrights. Click here to learn more.

The U.S. Copyright Office published three notices of proposed rulemaking on December 1, 2016

The U.S. Copyright Office today published three notices of proposed rulemaking, which are summarized below.

A) Supplementary Registration: The U.S. Copyright Office is seeking public comments on proposed amendments to its regulation governing supplementary registration. Under the proposed rule, most applicants will be required to submit an online application in order to correct or amplify the information set forth in a basic registration. In addition, the proposed rule will update and codify certain practices that are set forth in the Compendium of U.S. Copyright Office Practices, Third Edition, and improve the readability of the regulation. The Notice of Proposed Rulemaking and instructions on how to submit a comment in this proceeding are available here: http://bit.ly/2gGOpT.

B) Group Registration of Photographs: The Office is seeking public comments on proposed amendments to its regulation governing the group registration option for published photographs. In addition, the Office is proposing to create a new group registration option for unpublished photographs. Under the proposed rule, applicants will be required to submit an online application and will be allowed to include up to 750 photographs in each submission. The proposed rule will amend the deposit requirement for photographs and photographic databases by requiring applicants to submit their works in digital form. Finally, it will memorialize the Office’s longstanding position regarding the scope of a group registration of photographs. The Notice of Proposed Rulemaking and instructions on how to submit a comment in this proceeding are available here: http://bit.ly/2gpqYjY

C) Group Registration of Contributions to Periodicals: The Office is seeking public comments on proposed amendments to its regulation governing the group registration option for contributions to periodicals. Under the proposed rule, applicants will be required to file their claims through the electronic registration system and upload their contributions in a digital format. The proposed rule will modify some of the eligibility requirements for this group option. It will confirm that the Office may refuse registration or cancel a group registration if these requirements have not been met. And it will memorialize the Office’s longstanding position regarding the scope of a group registration for contributions to periodicals. The Notice of Proposed Rulemaking and instructions on how to submit a comment in this proceeding are available here: http://bit.ly/2hq241c

Written comments must be received no later than January 3, 2017, at 11:59 p.m. Eastern time.

MCLE Catalog

Featured CLE Program from Our Catalog!

Online
CLE

Did you miss it? All programs from IP Protection & Social Media Issues in the Workplace now available On-Demand

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

The following topics will be covered: 1. Current Status of Federal, State, and Local Marijuana Laws; 2. Trademarks: What Will (and Won’t) the PTO (and various state trademark offices) Allow When it Comes to Marijuana-related Trademarks?; 3. Discussion of the Recently-Issued Bar Association of San Francisco Opinion on Representation of Medical Marijuana Enterprises in California; 4. Cash from Marijuana Clients: Manageable or Radioactive?

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 Matt Neco.