Inevitable Disclosures
November 30, 2015

Contents

Live Programs

More Photos From the IP Institute!

We've posted a new batch of photos (larger than these) from the IP Institute on our Facebook page. Check it out!

Vanguard Awards host Tsan Abrahamson ID Co-editor Barbara Friedman ID co-editor Aurelia Schultz dressed appropriately for the event Hannah Poteat and Erica Brisol
Executive Committee members Sharon Glancz and Erica Bristol at the drone demo Naomi Jane Gray speaking on copyright law Georgann Grunebach and Cydney Tune Former chair Sophie Cohen with Adam Nimoy

Intellectual Property Protection and Social Media Issues in the Workplace!

A group of leading intellectual property and employment attorneys from private industry, public agencies, private law firms, and distinguished law schools will focus on the following topics and offer practical advice to attendees from both the business world and the legal profession:

  • Ownership and Clearance of I.P. in the Workplace
  • I.P. Issues You Didn't Think You Had
  • Keynote: Professor Mark Lemley, Director of the Stanford Program in Law, Science and Technology
  • Testimonials and Endorsements: How to Properly Involve Employees
  • "Work Made for Hire" Clauses: Independent Contractor or Statutory Employee Under California Law?
  • Privacy Issues in the Workplace and the Internet of Things
  • Addressing I.P. Theft in the Workplace

Thank you to our sponsors, Silicon Forensics, Seyfarth Shaw, and Practical Law.

When: January 19, 2016
Where: State Bar Offices, 180 Howard Street, San Francisco
Time: 8:30-5:30, Luncheon and Networking Reception Included MCLE Credits: 7.25 hours

Stay tuned for registration info: www.ipsection.org

Webinars

Webinar Replay: Legal Ethics for Non-litigators in the Client Lifecycle: Part 1 -- Finding Clients

Wednesday, December 2, 2016, 12 noon - 1 p.m.

This program offers 1 hour of participatory MCLE credit in Legal Ethics.
Presented by the Intellectual Property Law Section, Licensing Interest Group

While all lawyers often face the same ethical issues, transactional lawyers often need guidance tailored to their non-litigation practice. Speakers James C. Roberts III and Megan Zavieh will go through a series of hypotheticals and ethical rules as they apply through the “life cycle” with clients, starting in this Part 1 on finding clients. More information

REGISTER TODAY

Webinar: Recent Developments in Biosimilars

Tuesday, December 8, 2015, 12 noon - 1 p.m.

This program offers 1 hour participatory credit.
Presented by the Intellectual Property Law Section, Patent Interest Group

This program will discuss recent developments in biosimilar case law, including the Amgen v. Sandoz and the Janssen Biotech v. Celltrion cases, which discuss the correct statutory construction of the ACA’s Biologics Price Competition and Innovation Act. The program will also include a discussion of the FDA’s draft guidance regarding naming biosimilars, as well as the institution of a recent IPR, and the resulting implications for patents on biosimilars. Speakers: Sarah Sheldon Brooks and Salil Bali. More information.

REGISTER TODAY

Webinar Replay: Legal Ethics for Non-litigators in the Client Lifecycle: Part 2 - Representing Clients

Wednesday, December 9, 2015, 12 noon - 1 p.m.

This program offers 1 hour of participatory MCLE credit in Legal Ethcics.
Presented by the Intellectual Property Law Section, Licensing Interest Group

While all lawyers often face the same ethical issues, transactional lawyers and corporate lawyers often need guidance tailored to their non-litigation practice. Through a series of hypotheticals, ethical rules as they apply through the "life cycle" with clients, now concentrating on representing clients -- e.g., conflicts will be explained. Speakers: James C. Roberts III and Megan Zavieh. More Information.

REGISTER TODAY

Webinar: Exploration of the Proprietary Information and Inventions Agreement

Tuesday, December 15, 2015, 12 noon - 1 p.m.

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

The PIIA is one of the most commonly used documents among tech ventures. This program will explore the document from an IP and employment law perspective. Topics include (1) the best definition of "Proprietary Information;" (2) ensuring preservation of the employer's work for hire status; (3) dealing with the double-patenting objection; (4) anti-raiding/anti-poaching clauses; (5) attack of the NLRB; and (6) employee indemnification. Speaker Sean Hogle. More information.

REGISTER TODAY

Webinar: Update on Canadian IP Legislation and Upcoming Changes

Wednesday, December 16, 2015, 12 noon - 1 p.m.

This program offers 1 hour of participatory MCLE credit
Presented by the International Interest Group

Intellectual Property Law Canada is undergoing significant change in its intellectual property laws in an effort to modernize Canadian legislation in order to participate in International Treaties such as the Patent Law Treaty and the Madrid Protocol. Keep abreast of the changes and hot topics in Canadian IP law with leading Canadian IP attorneys as they discuss current and proposed changes to Canadian trademark and patent practice, and how they affect foreign applicants. Speakers: Etienne De Villiersand and Kathleen Lemieux. More information

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

Thursday, December 17, 2015, 12 noon - 1 p.m.

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

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?
Speakers: David Branfman and Lance Rogers. More information

REGISTER TODAY

Webinar: The Ethical Considerations of Playing in the Social Media Sandbox

Thursday, January 7, 2016, 12 noon - 1 p.m.

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

Social networking is the hottest thing since email. It's fun, fast paced, interesting, and allows you to connect with friends, family, colleagues, and clients in an instant. For lawyers, it levels the advertising playing field. You can market your services, display your writing talent, and share knowledge in your practice area—all at a fraction of the cost of a big advertising campaign. But wait, there’s more! With all the benefits of social networking there are land mines to be aware of. Join the panel for an interesting and provocative session on what every California lawyer must know before stepping into the social media sandbox. In this session you will:

  1. Identify California rules of ethics that are most impacted by social media;
  2. Explore relevant ethics opinions; and
  3. Examine strategies for side-stepping the land mines.
Speaker: Francine Ward. More information.

REGISTER TODAY

Webinar: Drafting IP Agreements: Best Practices from a Litigator's Perspective

Thursday, January 26, 2016, 12 noon - 1 p.m.

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

Much can be learned from contracts gone awry. In this webinar, you’ll have a chance to learn some best practices for drafting IP and technology licensing agreements that will help keep your clients out of the courtroom. Key topics will include:

  • License scope: what restrictions can be placed on the scope of an IP license and how to protect downstream or upstream partners.
  • Dispute resolution and other “boilerplate” clauses of consequence: how seemingly boilerplate terms, such as choice of law clauses, can substantively impact the enforcement of IP license agreements.
  • Exclusive dealing and related incentives: understanding the relevant market and how to structure exclusive dealing license agreements to minimize antitrust liability.

Speakers: Eugene Mar and Eric Olson. More information. REGISTER TODAY

Interest Group Meetings

Copyright Interest Group Meeting

Thursday, December 10, 2015, 12 noon - 1 p.m.

Please join the Copyright Interest Group for a member call on Thursday, December 10, from 12 noon to 1 p.m. 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.

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

Licensing Interest Group Meeting

Friday, December 11, 2015, 12 noon

Monthly "All Hands" Licensing IG conference call. We’ll discuss upcoming webinars and conferences, opportunities for members to get involved and Hot Topics. This month we’ll also be discussing the role of feedback clauses in licensing and other types of agreements.

Please note: Our monthly calls are the 2nd Friday of every month.

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

News

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 Summer issue, you can earn credit for the article  A Closer Look at Section 1202 Litigation and the Developing Jurisprudence of Copyright Management Information by Austin Ray Phillips. 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
CLEDid you miss this program? It's available in our online catalog for CLE credit!

Tips for Effectively Searching the USPTO Database Using TESS

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
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 Aurelia Schultz.