IP Fundamentals & 18th Annual Rocky Mountain IP & Technology Law Institute

IP Fundamentals & 18th Annual Rocky Mountain IP & Technology Law Institute - VIRTUAL

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Intellectual Property Fundamentals (July 17 & 24) and 18th Annual Rocky Mountain Intellectual Property & Technology Law Institute (July 16, 23, 30 and August 6) - VIRTUAL

Co-sponsored by the Intellectual Property Law Section of the Colorado Bar Association, Stanford Law School, Stanford Program in Law, Science and Technology, the Copyright Society of the USA, and the ABA Section of Intellectual Property Law, and in cooperation with the Rocky Mountain Regional Office of the U.S. Patent and Trademark Office

18th Annual Rocky Mountain Intellectual Property & Technology Law Institute

Thursdays | 1-4 pm | July 16, July 23, July 30, August 6

Fundamentals

Fridays | 1-4 pm | July 17, July 24

By its very nature, the IP Institute has always been about innovation and discovery. And this year, we continue to reinvent ourselves with IP+, featuring critically acclaimed original live programming and on-demand sessions. Watch, stream, discuss, absorb, master, connect, and network across all devices.

Join us on Fridays for Fundamentals to deepen and build your skills and strategies.

Hear the latest on patent, trademark, copyright, licensing, trade secret, data privacy, and PTAB updates from top attorneys, judges, government officials and thought leaders.

- Live Sessions on four consecutive Thursday afternoons & Fundamentals on two consecutive Friday afternoons

- 10-12 On-Demand Sessions dropped every week

- Small group video "table-top" workshops

- Themed chat rooms for further conversations

- Dynamic social networking events

- 60+ CLEs

CLE Credits: Only 16 General and 1 Ethics Credits can be submitted as LIVE CLE credit for this course. For the remaining 45 credits worth of content, please submit online using the Course ID given for the home study product.

SPECIAL THANKS TO ALL OF OUR 2020 INSTITUTE SPONSORS!

PRESENTING
Cooley LLP
Hogan Lovells
Holland & Hart LLP
Kilpatrick Townsend & Stockton LLP
King & Spalding LLP
Merchant & Gould P.C.
Perkins Coie LLP

PLATINUM
Arnold & Porter
Baker Botts
Dennemeyer
Dorsey & Whitney LLP
Goodwin
Murgitroyd
Setter Roche LLP
Sheridan Ross PC
WilmerHale

GOLD
Armstrong Teasdale LLP
Cyopsis-Digital Forensics, Investigations & eDiscovery
Faegre Drinker
KUTAK ROCK LLP
Michael Best & Friedrich LLP
Polsinelli
Seed Intellectual Property Law Group LLP
Young Conaway Stargatt & Taylor, LLP

SILVER
Baker Tilly Virchow Krause, LLP
CBA-CLE Books
CBA-CLE Pass
Corsearch
Haynes and Boone, LLP
PatPro, Inc.
Patterson Intellectual Property Law, P.C.

BRONZE
Colorado Attorneys for the Arts
Cardinal Intellectual Property
Forensic Pursuit, LLC
MDD Forensic Accountants
Rider Goodwin Law
Thomson Reuters
WebTMS

Sponsorship opportunities are still available! Please contact Melissa Higham, [email protected] or Barbara Hollingsworth, [email protected] for more information.

IP Institute Fundamentals - VIRTUAL CONFERENCE

(Submitted for 6 General LIVE CLE Credits)

Friday, July 17

12:00 - 1:00pm
Visit Your Sponsors and Check Out the Virtual Platform
Virtual Platform Sponsored by Cooley, Hogan Lovells, Holland & Hart, Kilpatrick Townsend, King & Spalding, Merchant & Gould and Perkins Coie

1:00-1:10pm

Virtual Check-in

1:10-1:15pm

Welcoming Remarks

Mollybeth (Molly) R. Kocialski, Director, Rocky Mountain Regional Office U.S. Patent and Trademark Office, Denver, CO

1:15-2:30pm

LIVE: Basics of Claims Drafting and Prosecution, and Patent Application Drafting

- Increased importance of performing good “prior art” searches

- Patentable subject matter (In Re Bilski and 2019 Patent Eligibility Guidance)

- Drafting the specification and claims

- Overview of the patent prosecution process

- Disclosure obligations and IDS management

- Examiner interview

- Accelerated prosecution

- Related applications and genealogy issues

Presented by Mollybeth (Molly) R. Kocialski, Director, Rocky Mountain Regional Office, U.S. Patent and Trademark Office, Denver, CO, and Matthew Avery, Baker Botts LLP, San Francisco, CA

2:30-2:35m

Visit Your Sponsors; On-line Chat Break

2:35-3:40pm

LIVE: Basics of Trademark Protection and Policing

- Trademark function and types of marks

- Trademark clearance obligations, methods and strategies

- Acquisition of trademark rights through use and registration

- Overview of the trademark registration process

- Maintaining registration rights

- Enforcing trademark rights

Presented by Mike Drumm, Drumm Law LLC, Denver, CO, and Dana P. Jozefczyk, Associate General Counsel, US Olympic & Paralympic Committee, Colorado Springs, CO

3:40pm

Live Remote Presentations Conclude

Visit Your Sponsors!

Check out the Institute video on demand presentations!

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Friday, July 24

1:00-1:10pm

Virtual Check-in

1:10-1:15pm

Welcoming Remarks

Mollybeth (Molly) R. Kocialski, Director, Rocky Mountain Regional Office U.S. Patent and Trademark Office, Denver, CO

1:15-2:30pm

LIVE: Anatomy of Technology Licenses

- Defining the scope of the license – usage, territory, time and updates

- Royalties – different structures and audits

- Warranties in licensing – implied and express

- Protecting the exchange of confidential information – employee issues and trade secrets

- Remedies on breach – financial liability and specific performance

- Indemnity – scope of obligation, exclusions, mechanics, remedies/triggers

- Limitation of liability – forms liability and failure of essential purpose

Presented by Matt McKinney, Koenig, Oelsner, Taylor, Schoenfield & Gaddis PC, Denver, CO and Victoria L. Donovan, Kutak Rock LLP, Denver, CO

2:30-2:35pm

Visit Your Sponsors; On-line Chat Break

2:35-3:25pm

LIVE: Copyright Law

- Understand what copyright is and its important benefits

- Discuss defenses to copyright infringement

Presented by Leigh Augustine, Esq., EIP, Denver, CO and Dave Ratner, Esq., Creative Law Network, Denver, CO

3:25pm

Live Remote Presentations Conclude

Visit Your Sponsors!

Check out the video on demand presentations!

________________________________________________________________

July 16, 23, 30 and August 6

18th Annual Rocky Mountain Intellectual Property & Technology Institute - VIRTUAL CONFERENCE

(Submitted for 10 General and 1 Ethics LIVE CLE Credits)

Thursday, July 16

1:00-1:10pm

Virtual Check-in

1:10-1:15pm

Welcoming Remarks

Nathaniel T. Trelease, Program Chair, WebCredenza, Inc., Denver, CO

1:15-2:05pm

LIVE: A Conversation with Federal Circuit Judge O’Malley and USPTO Director Iancu

Honorable Kathleen M. O’Malley, Circuit Judge, Court of Appeals for the Federal Circuit, Washington, D.C. and Andrei Iancu, Director, United States Patent and Trademark Office, Washington, DC

With Host Sarah Guske, Baker Botts, San Francisco, CA

2:05-2:10pm

Visit Your Sponsors; On-line Chat Break

2:10-3:00pm

LIVE: 2020 Patent Law Update

- Everything you need to know about the last year

Presented by Mark Lemley, Stanford University Law School, Durie Tangri, LLP, San Francisco, CA

3:00-3:05pm

Transition to Tabletop Discussions

Discussion Tables sponsored by Cooley, Hogan Lovells, Holland & Hart, Kilpatrick Townsend, King & Spalding, Merchant & Gould and Perkins Coie

3:05-3:30pm

Tabletop Discussions (for Patent Law Update)

Topics Include:

Developments in obviousness
Prosecutor view of statutory subject matter
PTAB procedural developments
In-house topics
Life sciences topics
Litigator view of statutory subject matter

Moderated by Adam Pivovar, Cooley, David Hsu, Kilpatrick Townsend & Stockton LLP, Rich Christiansen, Kilpatrick Townsend & Stockton LLP, Scott Karren, Holland & Hart LLP, Tim Scull, Faegre Drinker, Matt Avery, Baker Botts LLP, Sarah Guske, Baker Botts LLP, Dr. Lisa Flanagan, Regeneron Pharmaceuticals, Joe Drayton, Cooley, and Allison Altersohn, King & Spalding LLP

3:30 - 3:35pm

Transition to Networking Event

3:35pm

Mix it Up with Mixologist Jason Randall and Friends

Sponsored by Cooley, Hogan Lovells, Holland & Hart, Kilpatrick Townsend, King & Spalding, Merchant & Gould and Perkins Coie

4:30pm

Live Remote Activities Conclude

Visit Your Sponsors!

Check out the video on demand presentations in today’s drop!

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Thursday, July 23

1:00-1:10pm

Virtual Check-in

1:10-1:15pm

Welcoming Remarks

Nathaniel T. Trelease, Program Chair, WebCredenza, Inc., Denver, CO

1:15-2:05pm

LIVE: The Rise of Big Data and What It Means for Everyone and Everything

- Strategic commercial and regulatory considerations of Big Data

- How it is collected (including IoT) and practically used to predict behavior

- How Big Data is used to enhance consumer experience and increase efficiency

- Privacy considerations, including disclosures and public law restrictions

Presented by Brian Kuhn, Elevate Services, Boston, MA, David W. Tollen, Sycamore Legal, San Francisco, CA, Matti Neustadt Storie, Director, Evangelist Privacy and Data Security, NetApp, Bellevue, WA, and Lucky Vidmar, Associate General Counsel, Head of IP Litigation, Microsoft, Redmond, WA

2:05-2:10pm

Visit Your Sponsors; On-line Chat Break

2:10-3:00pm

LIVE: 2020 Licensing Update

- Everything you need to know about the last year

Presented by Jeff C. Dodd, Hunton Andrews Kurth, Houston/Austin, TX

3:00-3:05pm

Transition to Tabletop Discussions

Discussion Tables Sponsored by Cooley, Hogan Lovells, Holland & Hart, Kilpatrick Townsend, King & Spalding, Merchant & Gould and Perkins Coie

3:05-3:30pm

Tabletop Discussions (for Licensing Update)

Moderated by Len Jacoby, Cooley, Michelle Tyde, Kilpatrick Townsend & Stockton LLP, Lindsay Silber, Holland & Hart LLP

3:30 - 3:35pm

Transition to Networking Event

3:35-4:30pm
The IP Cooking with Chef Michael - Learn How to Make Risotto from What You Have in Your Pantry
Sponsored by Arnold & Porter, Baker Botts, Dennemeyer, Dorsey, Goodwin, Setter Roche LLP, Sheridan Ross, and Wilmer Hale

4:30pm

Live Remote Activities Conclude

Visit Your Sponsors!

Check out the video on demand presentations in today’s drop!

________________________________________________________________

Thursday, July 30

1:00-1:10pm

Virtual Check-in

1:10-1:15pm

Welcoming Remarks

Nathaniel T. Trelease, Program Chair, WebCredenza, Inc., Denver, CO

1:15-2:05pm

LIVE: Changes to Patent Examiner Work – How this Impacts You?

Drew Hirshfeld, Commissioner for Patents, USPTO, Washington, DC

2:05-2:10pm

Visit Your Sponsors; On-line Chat Break

2:10-3:00pm

LIVE: Trademark 2020 Year in Review

- Everything you need to know about the last year

Presented by David H. Bernstein, Debevoise & Plimpton, New York, NY

3:00-3:05pm

Transition to Tabletop Discussions

Discussion Tables Sponsored by Cooley, Hogan Lovells, Holland & Hart, Kilpatrick Townsend, King & Spalding, Merchant & Gould and Perkins Coie

3:05-3:30pm

Tabletop Discussions (for Trademark Update)

Topics Include:

- Advanced Discussion

- Fundamentals/Intermediate Discussion

Moderated by Brendan Hughes, Cooley, Brian O'Donnell, Kilpatrick Townsend & Stockton LLP, Matt Abell, Holland & Hart LLP, Richard Groos, King & Spalding LLP, Elizabeth Rucki, Baker Botts LLP. and Chris Stanton, Merchant & Gould

3:30 - 3:35pm

Transition to Networking Event

3:35pm

Take a Tour of Odyssey Beerwerks and Make IP Brews - Voir Dire Beer, Infringement IPA, Attorney Ale, Lawyer's Lager

Sponsored by Cooley, Hogan Lovells, Holland & Hart, Kilpatrick Townsend, King & Spalding, Merchant & Gould and Perkins Coie

4:30pm

Live Remote Activities Conclude

Visit Your Sponsors!

Check out the video on demand presentations in today’s drop!

________________________________________________________________

Thursday, August 6

12:00 - 1:00pm
Visit Your Sponsors and Check Out the Virtual Platform
Virtual Platform Sponsored by Cooley, Hogan Lovells, Holland & Hart, Kilpatrick Townsend, King & Spalding, Merchant & Gould and Perkins Coie

1:00-1:10pm

Virtual Check-in

1:10-1:15pm

Welcoming Remarks

Nathaniel T. Trelease, Program Chair, WebCredenza, Inc., Denver, CO

1:15-2:05pm

Ethics Atfer the Pandemic with Tom Spahn

Thomas Spahn, McGuireWoods LLP, Tysons, VA

2:05-2:10pm

Visit Your Sponsors; On-line Chat Break

2:10-3:00pm

LIVE: 2020 Data Privacy Update

- CCPA and other state law updates

- Prospect of a federal law

- Significant litigation, enforcement actions and guidance

- International developments

Presented by Beth M. Magnuson, CIPP/E, CIPP/US, Senior Legal Editor, Privacy & Data Security, Practical Law-Thomson Reuters, Denver, CO, and Camila Tobón, CIPP/E, CIPP/US, CIPM, FIP, PLS, Davis Graham & Stubbs, Denver, CO

3:00-3:05pm

Transition to Tabletop Discussions

Discussion Tables Sponsored by Cooley, Hogan Lovells, Holland & Hart, Kilpatrick Townsend, King & Spalding, Merchant & Gould and Perkins Coie

3:05-3:30pm

Tabletop Discussions (for Data and Privacy Update)

Topics Include:

- Advanced Discussion

- Fundamentals/Intermediate Discussion

Moderated by Dave Navetta, Cooley, Sameer Vadera, Kilpatrick Townsend & Stockton LLP, Tracy Gray, Holland & Hart LLP, Eric Chad, Merchant & Gould, Cynthia Cole, Baker Botts LLP, Anne Voigts, King & Spalding LLP

3:30pm-3:35pm

Online Chat Break - Visit Your Sponsors!

3:35pm-3:50pm

It's a Wrap! Prize Winners Announced and More

Presented by Nathaniel T. Trelease, Program Chair, WebCredenza, Inc., Denver, CO, Mollybeth (Molly) R. Kocialski, Planning Committee Member, Director, Rocky Mountain Regional Office U.S. Patent and Trademark Office, Denver, CO, and H. Michael Drumm, Planning Committee Member, Drumm Law LLC, Denver, CO

3:50pm

Live Remote Presentations Conclude

Visit Your Sponsors!

Check out the video on demand presentations in today’s drop!

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On-Demand Sessions

(Submitted for 45 General Home Study Credits)

Drop Date: Thursday, July 16

2020 PTAB Update

Everything you need to know about the last year

Presented by Benjamin S. Fernandez, WilmerHale, Denver, CO and Lori A. Gordon, King & Spalding LLP, Washington, DC

Reexams and Reissues: Sharpening the Issues and the Next Wave of IPRs

- Timing considerations

- Impact on damages

Presented by Robert Greene Sterne, Sterne Kessler Goldstein & Fox, P.L.L.C., Washington, D.C., and Peter P. Chen, Covington, Palo Alto, CA

Moderator: Michael Dulin, Polsinelli, Denver, CO

Cloud Atlas: Red Flags, Offramps and Indemnification in Contracting

- Most important issues in cloud contracts

- How contracts go wrong – spotting red flags

- Essential drafting issues in indemnification agreements

Presented by Peter J. Kinsella, and Elizabeth (Banzhoff) Manno, Perkins Coie LLP, Denver, CO

Open Source Software 201: Myths and Realities of OSS Licenses

- How OSS licenses work

- OSS in SaaS and other cloud computing services

- Debunking myths surrounding OSS

- Addressing OSS in software contracts

Presented by David W. Tollen, Sycamore Legal, San Francisco, CA

How Did My License Become a Franchise?

- Unintentional and intentional franchises

- Trademark licenses and franchises

- IP license agreements

- What happens if it is a franchise?

- Franchise and business opportunity states

Presented by Mike Drumm, Drumm Law LLC, Denver, CO and Elissa Deitch, Drumm Law LLC, Arvada, CO

Master Service Agreements: Are Your Terms Working for Your Organization?

- Making sure the MSA/PSA works in conjunction with the Statements of Work

- Understanding limitations on liability in the new world of confidentiality and privacy laws

- Making sure the agreement clearly addresses delivery and acceptance process so that you get paid

- Disputes – creative options to handle them

- Putting together your playbook to expedite time to revenue

Join us for an interactive session involving Service Agreements. We will dissect the structure, navigate negotiations, and dive into how to integrate cross-functional teams in a playbook format.

Victoria L. Donovan, Kutak Rock LLP, Denver, CO, Chuck Schwab Catalyst Law Group LLP, Boulder, CO and Kelsey Velemirovich, Catalyst Law Group LLP, Boulder, CO

Creative Ambiguity in Contracts

Stafford Matthews, Dentons, Palo Alto, CA

Getting It Fast, Getting It Right: Best Practices for Accelerated Prosecution in the USA, Europe and China

- Overview of the options, including benefits and drawbacks

- Practical realities of accelerated prosecution

- Best practices

Presented by Lee Osman and Gina Cornelio, Dorsey & Whitney, LLP

IP Protection During and After the Pandemic

Presented by Catherine Bonner and Anne Bashir, Murgitroyd

Internet, Mobile and Digital Law Year in Review

Litigator Ian Ballon, author of the 5-volume legal treatise, E-Commerce and Internet Law: Treatise With Forms 2d Edition (Thomson Reuters West 2008 & 2020 Cum. Supp., www.ianballon.net), will highlight some of the latest case law and trends relevant to both litigators and transactional lawyers looking for practical tips on how to mitigate exposure, including –

- Data protection, scraping and AI - the evolving legal landscape

- California Consumer Privacy Act litigation - and how to avoid it

- DMCA law: Reconciling divergent Second and Ninth Circuit opinions on scope and red flag awareness

- How new anti-SLAPP standards, CDA case law and fake news are changing the legal landscape

- Antitrust and platform liability in the era of Techlash

- Trade secret protection for platforms

- The impact of the Music Modernization Act on the DMCA and CDA

- CDA law - do the FOSTA/SESTA amendments to the CDA actually make any difference for your business (and if so, what you should do about it)?

- Important new Terms of Use, mobile and online contract formation, arbitration law, and privacy policy case law

- Strategies for defending data privacy and cybersecurity class action suits

- Trademark infringement suits based on the use of social media hashtags

- TCPA Text marketing law, circuit splits and trends

Ian C. Ballon, Greenberg Traurig, LLP, Palo Alto and Los Angeles, CA

Drop Date: Thursday, July 23

Anti-Counterfeiting and Online IP Infringement Strategies

- The toolbox: Building an IP portfolio and the components of an effective enforcement

- Program. The Game: Navigating the online counterfeit jungle and winning

- The fans: Building consumer education programs to help tackle the beast

Presented by Amy Kramer, Greenberg Traurig, Denver, CO, Patchen Haggerty, Perkins Coie LLP, Seattle, WA and Emily J. Cooper, IP Counsel and Global Brand Protection Director, PopSockets, Boulder, CO

3:35 pm – 4:25 pm

FTC Enforcement and False Advertising Law Updates

- Pre-release to do's to ensure FTC and truthful advertising compliance

- Online and mobile pitfalls

- This ad is endorsed by … disclosure best practices for endorsers and influencers

Presented by Lesley Fair, Federal Trade Commission, Washington, DC, and Lee Johnston, Haynes & Boone, LLP, Denver, CO

Fashion Law Look Book: Copycats, Popups, Designs and Culture in the Age of Search

- How the landscape of Fashion Law has changed with the demise of traditional retail and the onslaught of social media

- Recent hurdles to achieve design protection and protect against suddenly overbroad rights

- Hyperreality: wearable technology, AI, augmented reality, and virtual fashion

- The protection of designs with deep historical or cultural significance

Presented by Megan K. Bannigan, Debevoise & Plimpton, New York, NY, Lisa Keith, General Counsel, Steve Madden, New York, NY, and Christine M. Hernandez, VP & General Counsel, VF Intellectual Property Services, Inc., Wilmington, DE

The Rise of Influencers and What They Mean for Marketing (and Law)

- How influencers are changing traditional marketing campaigns

- Impact of influencers on consumer behavior

- Key issues in contracts or arrangements with influencers

- Red flags, including disclosure and potential conflicts

Presented by Rayna S. Lopyan and Jordyn Eisenpress, Frankfurt Kurnit Klein & Selz PC, New York, NY

How to Choose a Trademark and Brand Strategy

- Key advice for selecting brand names and trademarks

- International considerations

- Developing strategy for enforcement and defense

Presented by Pamela N. Hirschman, Sheridan Ross P.C., Denver, CO, and Kara Zioba, Senior Paralegal, Intellectual Property, The Hershey Company, Denver, CO

Data Analytics for IP Practice

- What is Big Data and how is it collected?

- How is it refined to predict behavior?

- How can it be used in law departments and practice?

Presented by Brian Kuhn, GM & Vice President, Digital Strategy & Solutions, Elevate Services, Washington, DC

Patent Portfolio Management

- Strategies for mining IP and creating an IP value chain

- Tips for hardening patent portfolios from PTAB vulnerabilities

- Practical guidance for handling non-core assets and pruning your patent portfolio

Aaron Brodsky, Chief IP Counsel, Trimble Inc., Denver, CO and Dr. Michael Sartori, Baker Botts LLP

The PTAB: Post-grant Practice (ex parte reexam and reissue)

- Reviewing when exparte reexam and reissue are allowed, and which is better

- Tips for requesting reexam and narrowing claims

- Using reissue to correct the scope of a patent

John Cottingham, Director, Central Reexamination Unit, USPTO, Washington, DC, Mindy Sooter, WilmerHale, Denver, CO, and Justin Krieger, Kilpatrick Townsend & Stockton LLP, Denver, CO

How Gaming Gobbled Up Entertainment – Emerging Legal Issues

- Rise of video gaming and displacement of scripted entertainment

- Key legal issues in the gaming space

- IP and privacy law issues

- What the future holds for gaming

Presented by Ian C. Ballon, Greenberg Traurig, LLP, Palo Alto and Los Angeles, CA, and David Schulman, Greenberg Traurig, LLP Max Leitman, Survios, and Bryan Grayson, Lionheart Games

Keys to Successful Certification Programs and Registration of Certification Marks

Presented by Airina Rodrigues and Andrea LaFrance, Brownstein Hyatt Farber Schreck LLP, Denver, CO

Drop Date: Thursday, July 30

The Best Trademark Offense is Defense

- Pleading and proving affirmative defenses

- Striking affirmative defenses

- Beware of TTAB audibles

Presented by Charlene Krogh, Dorsey & Whitney LLP, Denver, CO, and Marc C. Levy, Seed IP Law Group LLC, Seattle, WA/Denver, CO

- Everything you need to know about the last year

Presented by Evan M. Rothstein, Arnold & Porter, Denver, CO, and Molly Van Houweling, BerkeleyLaw, University of California, and Co-Director, Berkeley Center for Law & Technology, Berkeley, CA

Protection of Consumer Products: Design Patents Versus Copyrights Versus Trademark Versus Trade Dress

- Structuring IP protection strategies for different types of consumer goods

- Takeaways from recent IP disputes over the design of consumer goods

- Filing strong patents for product designs to leverage brand recognition, value, and market share

- Protection for non-traditional trademarks, such as product packaging and trade dress

Presented by Ryan Levy, Patterson Intellectual Property Law, Nashville, TN, and Sarah W. Matthews, Durham Jones & Pinegar P.C. Salt Lake City, UT

Diversity and Inclusion in the Patent World: Creating a Fair System That Allows for Equal Access to Inventors, Lawyers, and Others

- Bias, as discussed during the testimony to the USPTO, regarding the SUCCESS Act

- Recent studies show women only comprise 12% of all inventors in US patents

- Tracking and interrupting bias in inventorship contributions

Presented by Calvin E. Wingfield, Goodwin Proctor LLP, New York, NY, Charu Kurani, Associate General Counsel, Facebook, San Francisco, CA, and Sandra K. Nowak, Assistant Chief Intellectual Property Counsel, 3M, Minneapolis, MN

Moderator: Caren Ulrich Stacy, Founder and Chief Experimentation Officer, Diversity Lab, San Francisco, CA

Artificial Intelligence and Patent Prosecution

- Issues of obviousness

- Can a machine be an inventor?

- Issues of patent eligibility

Presented by David St. John-Larkin, Perkins Coie LLP, Denver, CO and Andy Pouzeshi, Faegre Drinker, Denver, CO

2020 Trade Secret Update

- Everything you need to know about the last year

Presented by Jyotin Hamid, Debevoise & Plimpton LLP, New York, NY

Patent or Trade Secret?

- Key Differences

- How should a company decide which to use for its IP?

- Strategic considerations for startups, maturing companies, large corporations

Presented by Jared B. Briant, and Brian D. LeFort, Faegre Drinker, Denver and Boulder, CO

Data Mapping - Why and How

- How to do it practically

- Legal requirements and how to include them

- Consultants, tools and guidance

Presented by Deborah Shinbein Howitt, Lewis Bess Williams & Weese P.C., Denver, CO

Drafting Petitions in Patent Prosecution

- Learn the ins and outs of petitions

- Types of petitions available and what’s worth filing

- Practical guidance for drafting petitions

Charles Kim, Director, Office of Petitions, USPTO, Washington, DC, and Hogene L. Choi, Baker Botts, San Francisco, CA

AI and the Law: Legal Impacts of Adopting New Technology

Nicholas Bunner, Senior Attorney, Argo AI, Pittsburg, PA and Phong T. Dinh, Patent Attorney, Corporate External and Legal Affairs (CELA), Microsoft, Redmond, WA

With Host: Orion Armon, Cooley LLP, Denver, CO

Drafting Claims in Light of Section 101 Court Rulings and PTO Guidance

- PTO Guidance on examination practices

- Factors in early court decisions

- Creating fact issues for the jury

Presented by Thomas D. Franklin, Kilpatrick Townsend & Stockton LLP, Denver, CO and Hogene L. Choi, Baker Botts LLP, San Francisco, CA

Drop Date: Thursday, August 6

International Trademark Potpourri

- Brexit: Did it really happen? And what now?

- One year later in Canada: How the June 2019 law changes have unfolded

- China: Pro-brand owner law changes versus the trade war

Presented by Nick Aries, Bird & Bird LLP, Ai-Leen Lim, CEO and Principal Counsel, AWA Asia, Beijing and Hong Kong, China, and Nathan Fan, Marks & Clerk Law, LLP, Ottawa, CA

Working with Foreign Counsel to Develop IP Portfolios

- Different trends and strategies for international portfolio development

- How to select and evaluate foreign counsel

- Best practices for collaboration between in house and outside counsel for international prosecution

Presented by Michael Drapkin, Holland & Hart, Boulder, CO, and Sylvia Chen, Patent Counsel, Head of Patent Operations, Google, Chicago, IL and Aaron Kraft, Patent Counsel, Micron Technology

Section 112: How Much is Enough?

- Written description versus enablement

- PTO guidance

- Court and jury realities

Presented by Andrew Jagenow and Michael Wagner, Merchant & Gould P.C., Denver, CO

Audits and Tenders for Indemnity: Software, Misappropriation, and Best Practices

- Why this is a hot area

- Evaluation of risk – across an enterprise from employment to marketing

- Responding to demand letters

- Legal defenses

Presented by Chad T. Nitta and Heather McKee, Kutak Rock LLP, Denver, CO and Lauren Romer, Chief Legal Officer, Ping Identity Corp, Denver, CO

Asset Protection Strategies for IP

- Protecting IP from potential creditors of a company

- Protecting an equity holder’s interest in the IP or an entity that owns the IP

- Mixing high quality income tax planning with IP structuring in a manner that also makes sense for asset protection planning

- Utilizing estate planning strategies that also make sense when planning with IP

Presented by Jonathan E. Gopman, Akerman LLP, Naples, FL

My Client Wants to Use Music in Advertising, as Part of Their Business, or at an Event: What Do I Need to Do?

- Obtaining rights to use media in marketing, commerce, and events

- Third party organizations for obtaining rights

- Process, royalties, and red flags

- Fair use issues

Presented by Kenneth L. Steinthal, King & Spalding, LLP, Los Angeles and San Francisco, CA

The Future of Antitrust and IP Law After Recent Case Law

- The First Sale Doctrine after Kirtsaeng and Lexmark

- Review of other major case law developments

- What’s likely to come next?

Presented by Todd R. Seelman and William W. Mauke, Lewis Brisbois Bisgaard & Smith, Denver, CO

Commercial and Employment Contracts: The Workplace Post-Pandemic, BLM and #MeToo

- Workplace issues with heightened awareness of sex-based harassment

- Revising workplace policies and practices in response

- #MeToo & Anti-Discrimination clauses in business and commercial contracts

Presented by William J. Kelly III, Kelly & Walker LLC, Denver, CO and Niki Vinod Schwab, Moye White, Denver, CO

The PTAB: Appeals – A Practical Guide

- Practical Guidance for Considering If and When to Appeal

- Best practices for preparing appeal briefs

- Tips for oral arguments at the PTAB

Hon. Jessica Kaiser, Lead Administrative Patent Judge, USPTO, Denver CO, Nicoletta M. Kennedy, Kilpatrick Townsend & Stockton LLP, Denver, CO, Mollybeth (Molly) R. Kocialski, Director, USPTO Denver Regional Office, Denver, CO and Matthew Avery, Baker Botts LLP, San Francisco, CA; Moderated by: Hon. Georgianna Braden, USPTO, Denver, CO

Ethical Issues from Using (or Not) AI and Big Data (1 ETHICS CREDIT)

- Ethical issues arising in the short and medium term from AI and machine

learning innovations

- Ensuring you are competently using these technologies

- Using AI while complying with duties of confidentiality

- Avoiding unethical bias and other potential forms of discipline or malpractice

Presented by David Hricik, Mercer University Walter F. George School of Law

Overview and Strategy of Patent Invalidation in China

Presented by Hui Li, Beijing Sanyou Intellectual Property Agency Ltd., Beijing, China

AI & Machine Learning

Michael Natterer, Managing Director, Octimine, Dennemeyer &Co LLC, Germany

Intellectual Property Risks in Times of Crisis

Presented by Alexander Gangnus, Manager, IP Consulting and Burkhard Josuhn-Kadner, Senior Manager, IP Consulting, Dennemeyer & Co, LLC, Germany

Preservation and Spoilation in the Digital Age

Presented by Craig Bernard, Cyopsis and Jersey Green, Preeo Silverman & Egle, P.C.

The “State” of Blockchain and its IP Impact

- Current legislative initiatives in the blockchain arena

- Representative industry use cases for blockchain technology

Presented by Eric Kintner, Snell & Wilmer LLP, Denver, CO

Mark Your Calendar for Next Year's Institute, June 3-4, 2021

Location Information

CBA-CLE Virtual Conference

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Registration Fees

Non Member	$377.00
CBA Member	$357.00
CBA Intellectual Property Law Section Member	$332.00
Copyright Society of the USA Member	$332.00
ABA Intellectual Property Section Member	$332.00
CLE BASIC Pass Holder	$212.00
CLE ELITE Pass Holder	$202.00
New Lawyer Edge Member	$178.50

General Credits: 63.00
Ethics Credits: 2.00
EDI Credits:

To join the CBA or add a Section to your membership click

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Start Date - End Date

August 06, 2020

Start Time - End Time

1:00 pm - 4:40 PM

Event Location

CBA-CLE Virtual Conference

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