IP Fundamentals & 22nd Annual Rocky Mountain IP Institute Bundle
The 22nd Annual Rocky Mountain Intellectual Property Institute is the premier forum for bringing together intellectual property professionals from across the US and beyond. This year, we’ll be looking at how the state of global regulation is impacting patent practice, and how those same regulatory bodies might affect AI innovation. Additionally, we’ll be looking at how AI is changing the way that creative content is made, as well as how we practice law. Topped off with ethics presentations and breakout tracks focused on your area of practice, this is sure to be an entertaining and enlightening event for anyone interested in patents, IP law, or emerging technologies.
- Choose from four tracks: Patents/Patent Litigation, Trademarks/Copyrights, Technology Law and Licensing, and In- House
- Learn from local, national, and international IP experts
- Catch up with old friends, expand your network, and rub shoulders with some of the brightest minds in IP and technology law
IP Fundamentals | May 29, 2024
Dig into the nuts and bolts, or get a refresher on patent, trademark/copyright, and licensing. The basics are taught by best-in-class instructors. Register for the day on its own or bundle with the institute curriculum.
Hotel Information
The Westin Westminster, 10600 Westminster Boulevard Westminster, CO 80020
CBA-CLE has reserved a block of rooms for attendees. Room rates start at $209.00 plus applicable taxes and fees.
To receive the group room rate, please indicate that you are a guest of the Colorado Bar CLE 2024 Intellectual Property & Tech Institute when you make your reservation.
Based on availability, rooms are being held at the conference rate until May 14, 2024.
Reservations will be accepted online at: https://www.marriott.com/event-reservations/reservation-link.mi?id=1707418624491&key=GRP&app=resvlink
All reservations will require a credit card guarantee, and a deposit equal to one night of lodging is due at time of booking. The balance is due at check-in. Reservations cancelled after Tuesday, May 14, 2024 will forfeit the deposit equal to one night’s room and tax.
Cancellations: If you are unable to attend, please notify CBA-CLE by Friday, May 17, 2024, and we will gladly refund your tuition in full or apply your tuition to home study. Cancellations after May 17, 2024, will be refunded less a $150 cancellation fee.
Home studies will be available 2-3 weeks following the live program.
CBA-CLE is committed to providing access, equal opportunity, and reasonable accommodation in its services, programs, and employment. To request an accommodation please contact [email protected] at least 14 business days in advance.
The program is accredited in Colorado. CBA-CLE staff can provide a Uniform Certificate of Attendance, and it is the attendee's responsibility to complete the accreditation outside of Colorado.
Thank you to our 2024 Sponsors!
Platinum
CBA IP Section
Faegre Drinker
Holland & Hart
Kilpatrick Townsend & Stockton LLP
King & Spalding
Perkins Coie LLP
Quarles & Brady LLP
Shook, Hardy & Bacon
Gold
Arnold & Porter
Dorsey & Whitney LLP
FTI Consulting
Haynes and Boone, LLP
Merchant & Gould P.C.
Polsinelli
Sheridan Ross PC
WilmerHale
Young Conaway Stargatt & Taylor, LLP
Silver
Armstrong Teasdale LLP
Brownstein Hyatt Farber Schreck
Cooley
Dennemeyer & Co., LLC
EIP US LLP
Greenberg Traurig, LLP
Holzer Patel Drennan
Kutak Rock
Patterson Intellectual Property Law
Smart & Biggar
Sun IP
Sun IP
Wilson Sonsini
Conference
Davis Graham & Stubbs LLP
PatPro, Inc.
PatPro, Inc.
IP Fundamentals
Wednesday, May 29, 2024
9:15 am
Registration and Coffee
9:30 – 9:35 am
Welcome Remarks
Presented by Mollybeth (Molly) R. Kocialski, Esq., Director, Rocky Mountain Regional Office, U.S. Patent and Trademark Office, Denver, CO
9:35 – 9:50 am
Invention Disclosure Scenario Introduction and Description
- IP fundamentals from IP counsel perspective
- IP counsel client consultation best practices
- Going from a client’s invention disclosure to IP protection
Presented by Mollybeth (Molly) R. Kocialski, Esq., Director, Rocky Mountain Regional Office, U.S. Patent and Trademark Office, Denver, CO
9:50 – 10:50 am
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 Amanda Marston, Esq., Holland & Hart LLP
10:50 – 11:00 am
Break
11:00 am – 12:30 pm
Basics of Claims Drafting and Prosecution, and Patent Application Drafting
- Why Are Patents Important?
- Global Patent System
- Requirements for Patentability in the United States
- Preparation of a Patent
- Leveraging the Patent Process to Protect Your Franchise
- Related Applications and Managing Families
Presented by Sean Dougherty, Rocky Mountain Regional Office, U.S. Patent and Trademark Office, Emma Graham, Esq., Mewburn Ellis, Cathleen Hutchins, Rocky Mountain Regional Office, U.S. Patent and Trademark Office, Emily Morgan, Rocky Mountain Regional Office, U.S. Patent and Trademark Office, and Stephanie Vu. Esq., Sheridan Ross
12:30 – 1:30 pm
Lunch on your own
1:30 – 2:30 pm
Anatomy of Technology Licenses & Trade Secrets
- 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, and remedies/triggers
- Limitation of liability – forms liability and failure of essential purpose
Presented by Victoria “Tori” Donovan, Esq., and Heather Tilley, Esq., Kutak Rock LLP, and Patricia Ho, Esq., FisherBroyles, LLP
2:30 – 3:30 pm
Employment Law
Presented by William J. Kelly III, Esq., Kelly Law Partners, LLC
3:30 – 3:40 pm
Break
3:40 – 4:30 pm
Copyright
Presented by David Ratner, Esq., Creative Law Network, LLC
4:30 – 4:35 pm
Closing Remarks
Presented by Mollybeth (Molly) R. Kocialski, Esq., Director, Rocky Mountain Regional Office, U.S. Patent and Trademark Office, Denver, CO
IP Institute
Thursday, May 30, 2024
Day 1 - Thursday, May 30, 2024
7:45 – 9:00 am
Continental Breakfast
Sponsored by the CBA Intellectual Property Section
8:30 – 8:35 am
Welcoming Remarks
Extended by Nathaniel T. Trelease, Esq., Program Chair, WebCredenza, Inc.
8:35 – 9:50 am
The Future of Global Innovation Protection
- A paradigm shift and revolution in patent grant and enforcement under the European Unified Patent Court / Unitary Patent System
- Global intellectual property strategy considerations under the Unitary Patent regime
- Informing global litigation strategy from lessons learned at the Unified Patent Court
Presented by Chris de Mauny, Esq., Bird & Bird; Tilman Müller-Stoy, Esq. Bardehle Pagenberg; and Kim Schmitt, Esq., VP and Director of Patent Litigation, Intel
Moderated by Jim Brogan, Esq., King & Spalding, LLP
9:50 – 10:05 am
Networking Break
10:05 – 10:55 am
Breakout Sessions
Track A: Patents & Patent Litigation
2023 Patent Law Update
Everything you need to know about the last year in patent law.
Presented by Mark Lemley, Esq., Stanford Law School
Track B: Trademarks/Copyrights
Hot Topics in Advertising: Pay-For Clicks, Social Media, Brand Comparisons
- Recent enforcement actions and priorities at the Federal Trade Commission
- Challenges in advertising through social media
- How to manage common advertising issues
- AI and advertising- what are the pitfalls?
Presented by Lesley Fair, Esq., Federal Trade Commission, Bureau of Consumer Protection; Philippe Johnson, Esq., Vail Resorts; and Marc C. Levy, Esq., Stone Levy LLC
Track C: Technology Law
Need to Know- What Data is my Organization Collecting and Storing
- How everything – people, machine, software, processes – generate data
- Understanding the economics of data
- Engineering the collection or non-collection of data
- Use of data internal to improve products and processes
- Sales of data and privacy concerns
Presented by Jack L. Hobaugh, Jr., Esq., Brownstein Hyatt Farber Schreck, LLP and Airina Rodrigues, Esq., Brownstein Hyatt Farber Schreck, LLP
Track D: In-House
Evolution of Ransomware
- Can't keep up with evolution
- Russian state-sponsored ransomware development
- New level of protection for data is growing
- Intelligence of hacking improved
- Liability for not defending against ransomware attacks
Presented by Randy Sabett, Esq., Cooley LLP
11:00 – 11:50 am
Breakout Sessions
Track A: Patents & Patent Litigation
PTAB Update
Everything you need to know about the last year at PTAB.
Presented by The Honorable Melissa Haapala, Vice Chief Judge, USPTO; and Jessica C. Kaiser, Esq., Perkins Coie
Track B: Trademarks/Copyrights
Online Reviews
- Handling negative reviews on the various platforms
- Spotting actionable libel in reviews
- Balancing free speech with online criticism
- Effective response strategies for businesses
Presented by Aaron Schur, Esq., Yelp! and Mike Drumm, Esq., Drumm Law, LLC
Track C: Technology Law
Data Rights: A Private Matter
- Sources of personally identifiable information
- How we unknowingly share our data
- Who has rights to personal data?
- Emerging legal regimes for the protection and ownership of data
Presented by Matthew Coleman, Esq., Orrick Herrington & Sutcliffe LLP
Track D: In-House
2024 Domestic Privacy Update
Everything you need to know about the last year in domestic privacy law.
Presented by Christian Lee, Esq. and David Navetta, Esq., Cooley LLP
11:55 am – 1:25 pm
Luncheon Sponsored by Kilpatrick Townsend & Stockton LLP
(Lunch is included with your registration. Please indicate on the registration form if you plan to attend.)
12:35 - 1:25 pm
Ethics Update with David Hricik
Everything you need to know from the last 12 months, with emphasis on duty of competence in the age of AI.
Presented by David Hricik, JD, Mercer University School of Law
Submitted for 1 Ethics Credit
1:30 – 2:20 pm
Breakout Sessions
Track A: Patents & Patent Litigation
A Litigator's Perspective: Hot Topics in Patent Drafting
- Express definitions and lessons learned in litigation for patent drafters
- How to enable the full scope of patent claims in the life sciences and high technologies post- Amgen v. Sanofi (2023)
- The written description requirement post- Juno v. Kite (Fed. Cir. 2021) and what it means for inventors and patent drafters to show “possession”
- Functional claiming under 35 U.S.C. 112(f)
Presented by Justin Krieger, Esq., Kilpatrick Townsend & Stockton, LLP; and Timothy B. Scull, Esq., Faegre Drinker Biddle & Reath LLP
Track B: Trademarks/Copyrights
Copyright Updates
Everything you need to know about the last year in copyright law.
Presented by Miriam Lord, Esq., Associate Register of Copyrights and Director of Public Information and Education, United States Copyright Office, and Sean Callagy, Esq., Arnold & Porter, LLP
Track C: Technology Law
Data Licensing
- Exploring the definition, context, and importance of data licensing, along with its fundamental principles
- Examining critical components of data licensing, including data ownership, usage scope, and sharing agreements, with practical insights into negotiating and drafting licensing agreements
- Assessing the legal considerations surrounding data licensing, including contractual agreements, intellectual property rights, data protection, liability, and compliance with regulatory frameworks
Presented by George Ngengwe, Esq., Shook, Hardy & Bacon, LLP
Track D: In-House
2024 Global Privacy Update
Everything you need to know about the last year in global privacy law.
Presented by Austin T. Chambers, Esq., Dorsey & Whitney, LLP
2:20 – 2:40 pm
Networking Break
2:40 – 3:30 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Deep Dive on Post-Amgen Enablement / Written Description
- Key take-aways from recent case law on the enablement requirement post-Amgen v. Sanofi (2023)
- Implications of new guidelines from the US Patent and Trademark Office for assessing enablement in view of the Supreme Court’s decision in Amgen
- Practice tips for handling enablement post-Amgen
Presented by Angelica Andreoli, Esq., Shook Hardy, Bacon, LLP; William Barrett, Esq., Wilson Sonsini Goodrich & Rosati, Lee F. Johnston, Esq., Haynes & Boone, LLP
Track B: Trademarks/Copyrights
Trademark Updates
Everything you need to know about the last year in trademark law.
Presented by David Bernstein, Esq., Debevoise & Plimpton, LLP
Track C: Technology Law
A Journey to the Dark Web
- What is the dark web? How do you get there? How do you get out?
- Risks in the workplace
- Trade secret risk
- Reputational risk
- Criminal liability risks
Presented by Elizabeth (Liz) Harding, Esq., Greenberg Traurig, LLP and Julia Martinez, Esq., Chief of the Cybercrime and National Security Section, U.S. Attorney's Office, District of Colorado
Track D: In-House
In-House: Negotiating with Counterparties in China
- The importance of geopolitical and due diligence knowledge in contract negotiations
- Harnessing geopolitical and due diligence knowledge to set reasonable expectations and negotiation strategies
Presented by Nelson Dong, Esq., Dorsey & Whitney LLP
3:35 – 4:25 pm
Breakout Sessions
Track A: Patents & Patent Litigation
From DNA to Digital Fingerprints: Evolution of Digital Evidence in IP Litigation
Advent of digital evidence in litigation with comparison to DNA.
Presented by The Honorable Andrew Hartman, 20th Judicial District, and Mindy V. Sooter, Esq., WilmerHale
Track B: Trademarks/Copyrights
AI Year in Review: Copyrights and Trademarks
- Use of AI in brand name and logo generation
- AI’s role in detecting trademark infringement
Presented by Sean Belding, Esq., Perkins Coie LLP, and Jess Miers, Esq., Chamber of Progress
Track C: Technology Law
Corporate Transparency Act Update
- Who must report under the Corporate Transparency Act?
- What is a beneficial owner?
- Lessons learned from the first months of reporting
- Challenges to constitutionality of Act
Presented by Victoria “Tori” Donovan, Esq., Kutak Rock LLP
Track D: In-House
Back of the Book Provisions
- When a boilerplate provision becomes a key element of a negotiation or dispute
- Force Majeure and how everything changed in the pandemic
- Don’t forget integration clauses- excluding parol evidence
Presented by Shannon Bell, Esq., Kelly Law Partners, LLC
4:25 pm – 5:25 pm
Cocktail Reception
Sponsored by King & Spalding
Take this time to network with distinguished faculty and colleagues. Included in your registration! Please indicate on the registration form if you plan to attend the cocktail reception.
5:30 pm - 7:30 pm
After Hours
Sponsored by Shook, Hardy & Bacon
Day 2 - Friday, May 31, 2024
7:45 – 8:50 am
ChIPs Breakfast
(Chiefs in Intellectual Property: www.chipsnetwork.org)
Featuring remarks by Emma Graham, Esq., Mewburn Ellis, Amy Kramer, Esq., Greenberg Traurig, LLP, and Angel Lezak, Esq., Polsinelli
Attend and further the ChIPS mission of advancing and connecting women in technology, law and government, and learn about the ChIPs Colorado Chapter. SPACE IS LIMITED. Sign up early!
Solo/Small Firm Breakfast
Attend and discuss common problems and solutions with your solo, small firm colleagues. SPACE IS LIMITED. Sign up early!
Continental Breakfast
Sponsored by Quarles & Brady LLP
Continental Breakfast is included with your registration. Please indicate on the registration form if you plan to attend.
9:00 – 9:10 am
Welcome Back Remarks
Extended by Nathaniel T. Trelease, Esq., Program Chair, WebCredenza, Inc.
9:10 – 10:00 am
AI Impact on the Creator Economy
- What is creativity- human genius vs. generative AI?
- How artists may leverage generative AI to aid their creativity?
- Moral rights of artists
- Commercial implications- recent example of screen writes’ contract negotiations.
Presented by Matthew A. Alsberg, Esq., United Talent Agency and Temima Shames, Next Step Talent
Moderated by Will Hanisch, Esq., GreenRoom, Inc.
10:00 – 10:15 am
Networking Break
10:15 – 11:05 am
Breakout Sessions
Track A: Patents & Patent Litigation
The Patent Pipeline: What to Watch in 2024
- Agencies overstepping? Overturning Chevron.
- Patent policy on the hill.
- What’s the big deal about litigation funding?
Presented by Mollybeth (Molly) R. Kocialski, Esq. (invited), Director, Rocky Mountain Regional Office, U.S. Patent and Trademark Office, Denver, CO; Angela Tarasi, Esq., King and Spalding, LLP; and Lucky Vidmar, Esq., Microsoft
Track B: Trademarks/Copyrights
Right of Publicity
- Understand state-by-state differences in publicity rights laws.
- Navigate the challenges of social media and digital content in using personal identities.
- Legal strategies for defending against unauthorized use and leveraging First Amendment rights
Presented by Amy Kramer, Esq., Greenberg Traurig, LLP
Track C: Technology Law
Licensing Update
Everything you need to know about the last year in licensing.
Presented by Jeff C. Dodd, Esq., Hunton Andrews Kurth, LLP
Track D: In-House
UCC Article 9: IP in a Shifting Economic Environment
- Using forms of IP as collateral – financing interests and security agreements
- Special issues with licensing royalty fees
- Treatment of IP in bankruptcy proceedings
- Unresolved issues in secured transactions and IP
Presented by Steven O. Weise, Esq., Proskauer Rose LLP
11:10 am – 12:00 pm
Breakout Sessions
Track A: Patents & Patent Litigation
IP Lifecycle Management for FDA Regulated Products
- Overview of FDA regulatory pathways for regulated products
- Regulatory exclusivity and why it matters for patent strategy
- Tips for maximizing patent term throughout the lifecycle of a regulated product
Presented by Nathaniel T. Leachman, Esq., Pfizer, and Georgia C. Ravitz, Esq., Wilson Sonsini Goodrich & Rosati
Track B: Trademarks/Copyrights
Prime Time Protection: Mastering the Playbook of Sports Trademarks
- Update and status of trademarks for sports teams
- “Name the team” contests using section 44(e)
- Mascot protection
- Use of ® Marks in Name, Image and Likeness (NIL) deals
Presented by Leigh Augustine, Esq., EIP LS, LLP
Track C: Technology Law
Internet Law in Review
Everything you need to know about developments in the last 12 months
Presented by Ian C. Ballon, Esq., Greenberg Traurig, LLP
Track D: In-House
Trust & Estate Planning for Digital Assets
- Planning for soft digital assets- online pictures, airline and credit card reward points, social media profiles, login information, and much more
- Do you own these assets or merely license them? How do you transfer these assets? Can you?
- Counseling clients about these valuable but often overlooked assets
Presented by Louisa Ritsick, Esq., Ritsick Law LLC
12:05 – 1:10 pm
Luncheon Sponsored by Holland & Hart
Lunch is included with your registration. Please indicate on the registration form if you plan to attend.
12:20 – 1:10 pm
The Risks of AI
Risks posed by artificial intelligence related to privacy, governance, ethics, and the law.
Presented by Natalie Hanlon Leh, Esq., Chief Deputy Attorney General for the State of Colorado; Jason Harrier, Esq., Chief IP Counsel, Plaid; Peter Kinsella, Esq., Perkins Coie LLP; and Justin Silver, Esq., General Counsel, MAXAR Space Systems
Moderated by Nathaniel Trelease, Esq., WebCredenza, Inc.
1:15 – 2:05 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Global Strategies for Getting Patents Issued Quickly
- Prioritization pathways in US and abroad (which is fastest, cheapest, etc.?)
- Tips and tricks for getting patents issued quickly
Presented by Emma Graham, Esq., Mewburn Ellis, and Chirag B. Patel, Esq., Holzer Patel & Drennan. Moderated by Phil Harris, Esq., Holland & Hart
Track B: Trademarks/Copyrights
Trademarks in the Entertainment Industry
- Extension of traditional TM registrations to virtual goods (e.g., Nike)
- Video Game IP – licensing of trademarks to digital platforms
- Evolution of consumer marketing from static ads to interactive/immersive entertainment
Presented by Angelo Alcid, Esq., Xbox Game Studios, Carolyn V. Juarez, Esq., Neugeboren O’Dowd PC, and Sarah Staff, Xbox Game Studios
Track C: Technology Law
2024 Trade Secret Update
Everything you need to know about the last year in trade secret law.
Presented by James (Jim) Pooley, Esq., James Pooley, PLC
Track D: In-House
Indemnification and Open Source Issues
Presented by Elliot Miller, Esq., Chief Legal Officer, Wowza Media Systems; and John Ritsick, Esq., Guild Education, Inc.
2:10 – 3:00 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Trends in Litigation Funding
Recent trends in funding litigation
Presented by Adam Gill, Esq., GLS Capital and Jonathan Stroud, Esq., Unified Patents, LLC
Track B: Trademarks/Copyrights
Domain Name Enforcement and Jurisprudence
- UDRP proceedings and showing “bad faith” for cybersquatting
- ACPA jurisdiction and domain name litigation in U.S. courts
Presented by Ryan D. Levy, Esq., Patterson Intellectual Property Law, P.C. and James Juo, Esq., Thomas P. Howard, LLC
Track C: Technology Law
In-House: Regulatory Update
- Restrictions on Chinese-US Investments
- FDA Releases Animal and Veterinary Innovation Agenda
- FDA’s Threat of Lab-Developed Test Oversight is Back on the Table with Proposed Rule
Presented by Liz Lindquist, Esq., Arnold & Porter
Track D: In-House
Quick Hit: Just Enough to Be Dangerous: Personal Injury Law
Presented by Daniel J. Caplis, Esq., Dan Caplis Law
Moderated by James Brogan, Esq., King and Spalding, LLP
Quick Hit: Just Enough to Be Dangerous: Construction Law
Presented by Kate Strauss, Esq., Galvanize Law
Moderated by James Brogan, Esq., King and Spalding, LLP
3:00 – 3:30 pm
Beer Tasting
Sponsored by Faegre Drinker
Voir Dire Beer®
Infringement IPA®
Attorney Ale®
Lawyer’s Lager®
3:30 – 4:20 pm
How to Fix the Unintended and Unacceptable Consequences of Unmanaged Junior-Attorney Talent Practices
Join us to learn about the solutions that demographic data over a 20-year span — from recruiting through promotions — can teach us about better managing talent for the benefit of our attorneys, clients, and firms more broadly.
- Attrition is an expected element of the law firm talent lifecycle--especially at the junior-attorney level
- Attrition data, however, shows to be unacceptably skewed against underrepresented attorney groups
- Lock-step billing-rate increases combined with poor development in the junior years is a significant contributor to this problem
- Many firms have identified and successfully tested a partial solution--now they need to apply it more broadly
Presented Wayne Stacy, Executive Director, Berkeley Center for Law & Technology
Submitted for 1 EDI Credit
Location Information
Westin Westminster Hotel
10600 Westminster Blvd
Westminster, CO 80020
Get directions
10600 Westminster Blvd
Westminster, CO 80020
Registration Fees
| Non Member | $1119.00 |
| CBA Member | $839.00 |
| CBA Intellectual Property Law Section Member | $669.00 |
| ABA Intellectual Property Section Member | $548.00 |
| CLE BASIC Pass Holder | $521.00 |
| New Lawyer Edge Member | $419.00 |
| Public Service/Government/Non-Profit | $419.00 |
| Paralegal/Legal Suppot Staff | $419.00 |
| Active Military | $419.00 |
| Public Service/Government/Non-Profit (CBA Member) | $419.00 |
| CLE ELITE Pass Holder | $379.00 |
| Student currently enrolled in Law School | $219.00 |
- General Credits: 21.00
- Ethics Credits: 1.00
- EDI Credits: 1.00
To join the CBA or add a Section to your membership click