19th Annual Rocky Mountain Intellectual Property & Technology Law Institute - 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
The premier forum for bringing together intellectual property professionals from across the US and beyond. Hear updates from our faculty of national and international IP and tech law experts from across the spectrum of the IP practice.
Not just another endless series of Zoom meetings, our dynamic online conference is refreshingly engaging with online discussions, real-time speaker interface, and interactive networking events — all from the comfort and convenience from your home or office.
- Choose your own track: Patents/Patent Litigation, Trademarks/Copyrights, Licensing, and Transactional/E-Commerce
- Learn from Colorado’s premier IP and tech experts from across the country such as Circuit Judge Raymond Chen and Colorado Attorney Phil Weiser
- Network with other IP professionals at interactive virtual social events
Fundamentals | June 2, 2021
Dig into the nuts and bolts, or get a refresher with patent, trademark/copyright, and licensing basics, taught by best-in-class instructors. Register for the day on its own or bundle with the institute curriculum.
If special accommodations are needed, please contact us at clereception@cobar.org. Requests must be made at least two weeks prior to the scheduled program.
The program will be submitted for CLE accreditation in Colorado. If you need to seek accreditation in another state, please review the process and requirements for that individual state. CBA-CLE staff can provide a Uniform Certificate of Attendance, and it is the attendee’s responsibility to complete the accreditation outside of Colorado.


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

Arnold & Porter
Baker Botts
Greenberg Traurig, LLP
Setter Roche Smith & Shellenberger LLP
Sheridan Ross PC

Armstrong Teasdale LLP
Dorsey & Whitney LLP
Faegre Drinker
Haynes and Boone, LLP
Seed Intellectual Property Law Group LLP
Sherman & Howard, L.L.C.
Smart & Biggar
Young Conaway Stargatt & Taylor, LLP

Baker Tilly
PatPro, Inc.

Brownstein Hyatt
MDD Forensic Accountants
J A Kemp
Thomson Reuters
TT Consultants

Sponsorship opportunities with exciting benefits are still available; contact Melissa Higham at mhigham@cobar.org

Wednesday, June 2, 2021
4:00-5:30 pm  
Wine Tasting with Blanchard Family Wines
Sponsored by Cooley, Holland & Hart, Kilpatrick Townsend, King & Spalding, Merchant & Gould, Perkins Coie and Polsinelli
Kick off your IP Odyssey with a virtual wine tasting, led by Colorado’s Blanchard Family Wines. Whether you are a seasoned oenophile or rarely dabble in wine, you will enjoy a casual tasting of Sonoma County wines, and learn to listen to your own palate.
Our virtual networking lounge is the perfect place to catch up with old friends and meet new ones. Sit in small groups, visit 1:1, or table hop around the room. Be sure to sign in ahead of time, and upload your photo, contact info and socials to maximize your networking.
Thursday, June 3, 2021
8:45-9:00 am
Welcome and Introduction
Presented by Nathaniel Trelease, Esq., WebCredenza, Inc., Program Chair
9:00-9:50 am
Fireside Chat with Hon. Raymond Chen, United States Court of Appeals, Federal Circuit
Presented by Hon. Raymond T. Chen, United States Court of Appeals, Federal Circuit
Moderated by Lauren Dreyer, Esq., Baker Botts, LLP, and Wayne Stacy, Esq., Executive Director, Berkeley Center for Law & Technology
9:50-10:05 am
Stretch Break
10:05-10:55 am
Breakout Sessions
Track A: Patents/Patent Litigation
Patent Law Update
A review of patent law hot topics from the last year.
Presented by Mark Lemley Esq., Stanford University Law School
Track B: Trademarks/Copyrights
What is your Intent? Bona Fide Intent to Use
A discussion of best practices for showing bona fide intent, based on case studies. Determine when your intent is bona fide, and when less can be more.
Presented by Amy Kramer, Esq., Greenberg Traurig, LLP; and Hon. Mark Thurmon, Deputy Chief Administrative Trademark Judge, Trademark Trial and Appeal Board
Track C: Licensing
SEP Licensing in the Automotive Sector
- Review of emerging issues in mobility space
- 5G battles in autonomous vehicle space
- Updates on key cases and litigation around the world
Presented by Richard Vary, Esq., Bird & Bird
Track D: Transactional/E-Commerce
Commercial Drafting for Privacy and Information Security: Balancing Data-Rights with Regulatory Compliance
Presented by Chuck Schwab and Kelsey Velemirovich, Catalyst Law Group
11:00-11:50 am
Breakout Sessions
Track A: Patents/Patent Litigation
Patent Prosecution Update
Update of Patent and Trade Office Case Law.
Presented by Karam Saab, Esq., Kilpatrick Townsend, LLP; and Michele Washington, Esq., Snell & Wilmer, LLP
Track B: Trademarks/Copyrights
2020 Trademark Update
A review of trademark hot topics from the last year.
Presented by David Bernstein, Esq. Debevoise & Plimpton, LLP
Track C: Licensing
Data Localization – Cross-Border Data Transfer in a Post-Schrems II World
- Update on Schrems II developments
- Using model clauses
- Transfer impact assessments
Presented by Liz Harding, Esq., Polsinelli, P.C.; and Patrick Van Eecke, Esq., Cooley LLP
Track D: Transactional/E-Commerce
Data Breach – A War Game
- Scenario-based breach response exercise
- Multi-disciplinary perspective
- Audience participation and decision-making
Presented by Erin Locker, Esq., Koenig, Oelsner, Taylor, Schoenfeld & Gaddis PC; and David Navetta, Esq., Cooley, LLP
11:50am -12:10 pm
Lunch Break (Grab your lunch)
12:10-12:20 pm
Remarks from CBA Leadership
12:20 – 1:10 pm
Ethics Potpourri
Presented by David Hricik, J.D., Mercer University School of Law
Submitted for 1 Ethics Credit
1:10 – 1:30 pm
Networking Break
Connect with colleagues and expand your professional circle in our virtual
networking lounge where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
1:30-2:20 pm
Breakout Sessions
Track A: Patents/Patent Litigation
PTAB Update
Presented by Ethan Bell, Esq., Faegre Drinker Biddle, LLP, Lori Gordon, Esq., King & Spalding, LLP, and Kirstin Stoll-DeBell, Esq., Faegre Drinker Biddle, LLP
Track B: Trademarks/Copyrights
Trademark Bullies: Taking Enforcement Too Far
- The Difference Between Bullying and Enforcement
- Recent Examples of Bullying Practices
- Best Practices for Dealing with Trademark Bullies
Presented by Stephen J. Horace. Esq., Michael Best & Friedrich LLP; Ryan Levy, Esq., Patterson Intellectual Property Law, PC; and Chad Nitta, Esq., Kutak Rock, LLP
Track C: Licensing
Telehealth Pre and Post Public Health Emergency
- Telehealth Pre and Post COVID-19
- Regulatory requirements, including technology requirements
- Reimbursement criteria
- Risk factors
Presented by Joelle Wilson, Esq., Polsinelli PC
Track D: Transactional/E-Commerce
M&A: Understanding the IP Value Drivers & Executing the Deal
- Bridging Deal Objectives & IP Assets
- Optimizing Resources Across the Transaction Lifecycle
- Tips For Addressing Key IP Issues
Presented by Elizabeth (E.B.) McCusker, Esq., McKesson Corporation and Hao Wang, Esq., Holland & Hart LLP
2:20-2:40 pm
Networking Break
Connect with colleagues and expand your professional circle in our virtual
networking lounge where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
2:40-3:30 pm
Breakout Sessions
Track A: Patents/Patent Litigation
IP in China
What you need to know for today, what you should plan for tomorrow.
Presented by Ken Chang, Esq., Adsero IP, LLP, Amy Hsiao, Esq., Adsero IP, LLP, and Elaine Wu, Esq., United States Patent and Trademark Office
Track B: Trademarks/Copyrights
Behind the Curtain: How Does the PTO’s Trademark System Work?
- The 1’s and 0s behind the TESS and TSDR System
- More than just a name
- Practical uses of the trademark data
Presented by Mike Drumm, Esq., Drumm Law, LLC; and TBD, United States Patent and Trademark Office
Track C: Licensing
Patent Updates for a Non-Patent Practitioners
- Updates on Oracle v. Google and software
- Landscape of international SEP / FRAND enforcement and rate setting
- Other patent-focused issues you should be thinking about!
Presented by Gene Bernard, Esq., Kilpatrick, Townsend, & Stockton, LLP; and David Donoghue, Esq., Holland & Knight, LLP
Track D: Transactional/E-Commerce
IP Licensing – Innovation, Monetization and Protection
- Initial considerations in forming an IP license
- Ownership strategies
- Fee structuring
- Enforcement activities
Presented by Andy Whitehead, Esq., Armstrong Teasdale, LLP
3:35–4:25 pm
Breakout Sessions
Track A: Patents/Patent Litigation
Techniques for Drafting Patent Applications to Defend against 101
- Claim drafting techniques
- Specification drafting techniques
Presented by  Gina Cornelio, Esq., Dorsey & Whitney, LLP; and Roderick O’Dorisio, Esq., , Perkins Coie, LLP
Track B: Trademarks/Copyrights
Quick Hit Duo (25 minutes each)
Ornamental Trademarks
- What makes a mark ornamental?
- How to avoid an ornamental refusal
Presented by Taryn Elliott Esq., Polsinelli; and Brent Johnson, Esq., Berg Hill Greenleaf Ruscitti, LLP
Concurrent Use Registrations
- When to use a concurrent use registration
- What are the consequences if you don’t
Presented by Andrea LaFrance, Esq., Brownstein Hyatt Farber Schreck, LLP; and Airina Rodrigues, Esq. Brownstein Hyatt Farber Schreck, LLP
Track C: Licensing
Navigating the Evolving Deidentification and Anonymization Landscape: Perspectives from Three Privacy Professionals
Every business is holding onto some kind of data, and most are looking to unlock untapped value in it. However, not all data uses are equally feasible based on how the existing legal landscape overlaps with available technical solutions, and the definition of what is covered as “personal information” under various privacy laws is ever-growing. Because of these complexities, there is heightened focus on concepts such as anonymization and deidentification. This session will provide different perspectives from three privacy experts on how to navigate these issues, enabling legal professionals to more effectively navigate the data landscape.
Presented by Dr. Khaled El Emam, Replica Analytics, Mike Hintze, Esq., Hintze Law, PLLC, and Lindsey Schultz, Esq., Visa  
Track D: Transactional/E-Commerce
Cloud Atlas 2: How the Pandemic Has Changed Cloud Contracts
- How License Agreements Have Changed
- Revising Force Majeure, Impossibility and Impracticability Now That We Know They Can Happen
- How Supply Contracts Have Changed Post-Pandemic
- How Employee Handbooks Have Changed Now That Your Workforce Expects to Work From Anywhere
Presented by Peter Kinsella, Esq., Perkins Coie LLP
4:30-6:00 pm  
Virtual Broadway
Sponsored by Arnold & Porter, Baker Botts Goodwin, Greenberg Traurig, inventorship, Murgitroyd, Setter Roche, and Sheridan Ross
Grab your favorite beverage and join your colleagues in the virtual networking lounge for a live performance from Virtual Broadway. We’ll enjoy some classic songs, receive tips and tricks to improve our own virtual performance from a Hamilton cast member, and engage in lively Q&A with Broadway performers.