Intellectual property matters discussed

Trends in patenting as well as the Anti-Counterfeiting Trade Agreement will be among the topics up for discussion at the American Bar Association Section of Intellectual Property Law Conference April 6-9 at the Crystal Gateway Marriott Hotel in Arlington, Va.

Organizers say the conference is international in scope, bringing together judges, government officials, in-house counsel, academics and private practitioners.

The April 7 luncheon speaker is Randall R. Rader, chief judge of the U.S. Court of Appeals for the Federal Circuit. The following day, Robert Stoll, commissioner for Patents at the U.S. Patent and Trademark Office, will deliver luncheon remarks.

The following programs are among hot topics of the conference:

• “Reform Inside and Outside the USPTO” — This program features PTO and congressional representatives providing reports on the progress of patent reform initiatives inside and outside the Patent Office.

• “The DMCA – Is it Broken?” — Is section 512 unfair to content owners, allowing service providers to profit from infringing content on their services? Panelists will discuss the DMCA’s limitation of liability for service providers and how the courts have interpreted section 512 in Viacom v. YouTube and other cases.

• “Tips from TTAB” — Two Trademark Trial and Appeal Board judges and an interlocutory attorney will provide guidance on how the new procedural rules are being interpreted, how to best litigate a case before the board, the role of interlocutory attorneys and how to best utilize interlocutors.

• “ACTA: What Will it Mean for the IP Practitioner?” — The Anti-Counterfeiting Trade Agreement — now final — aims to establish an international framework for combating global proliferation of commercial-scale counterfeiting and piracy, and includes provisions for international cooperation and the promotion of strong enforcement practices. This panel will look at whether ACTA is likely to provide any near-term benefits or change practices in international IP enforcement.

• “Trademark Prosecution Best Practices” — Panelists will focus on discrete challenges and solutions for navigating the trademark application process.

• “Open Source Licensing: A Review of Significant Decisions” — Presenters will provide an overview of litigation and licensing issues involving open-source software, including patent, trademark and copyright cases.

• “Termination Rights – Coming Soon to a Theater Near You. Are You Ready?” — With copyright terminations under section 203 of the 1976 Copyright Act quickly approaching in 2013, this panel will look at the main challenges of which lawyers need to be aware.

• “Monetizing the News: The Role of IP in Assuring the Future of Media and Democracy” — Panelists will discuss questions that have arisen about the proper interpretation of fair use under copyright law, and whether remedies such as the “hot news” misappropriation doctrine have a place in policing the distribution of highly valued news content available online and via mobile devices and through social media.

• “The New gTLDs: What Trademark Owners and Their Attorneys Need to Know” — The panel will discuss legal and practical issues related to the Internet Corporation for Assigned Names and Numbers’ expansion of generic top-level domains.

• “Session 1: Legal Protection of Personal Information Acquired by Internet and Software Companies” — Panelists will discuss who owns the rights to geospatial data such as GPS cell phones, Onstar, vehicle GPS and others as well as what service providers can do with information such as where individuals are and where they have been.

• “Session 2: Hot Topics in Patent Litigation” — Several federal judges will discuss recent developments in patent litigation, with a focus on current issues of interest to the bar.
Additional information as well as a link to the full agenda can be found online at www2.americanbar.org/calendar/.
 

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