IP Fundamentals & 21st Annual Rocky Mountain IP Institute Bundle
IP Institute | June 1-2, 2023
The 21st 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 will feature The US Chamber of Commerce's Brad Watts on Innovation, Policy, and the Future of IP; World Economic Forum AI Global Council member Karen Silverman on the explosion of easy-to-access AI tools; tips from founders on how to protect your IP in the early stages; as well as ethics presentations and breakout tracks focused on your area of practice. Covering the spectrum of IP, attend to hear updates from national and international IP and tech law experts .
- Choose from four tracks: Patents/Patent Litigation, Trademarks/Copyrights, Tech Transactions 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 31, 2023
Dig into the nuts and bolts, or get a refresher on patent, trademark/copyright, and licensing. The basics, taught by best-in-class instructors. Register for the day on its own or bundle with the institute curriculum.
Hotel Information
Westin Westminster Hotel, 10600 Westminster Blvd. 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 CBA 2023 Intellectual Property & Tech when you make your reservation.
Based on availability, rooms are being held at the conference rate until May 22, 2023.
Reservations will be accepted online at: https://www.marriott.com/event-reservations/reservation-link.mi?id=1673481582793&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 DATE will forfeit the deposit equal to one night’s room and tax.
Cancellations: If you are unable to attend the institute, please notify CBA-CLE by May 24, 2023, and we will gladly refund your tuition in full or apply your tuition to the webinar or home study. Cancellations after May 24, 2023, will be refunded less a $150 cancellation fee.
Home studies will be available approximately 2-3 weeks following the live program.
If disability accommodations or special assistance are needed, please contact us at [email protected]. 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.
Thank you to our 2023 Sponsors!
Presenting
Holland & Hart
Holland & Hart
Kilpatrick Townsend & Stockton, LLP
King & Spalding
Merchant & Gould P.C.
Perkins Coie
Shook, Hardy & Bacon L.L.P.
Platinum
Arnold & Porter
Berg Hill Greenleaf Ruscitti LLP
Cooley
Dorsey & Whitney LLP
Faegre Drinker Biddle & Reath LLP
Sheridan Ross P.C.
WilmerHale
Gold
Armstrong Teasdale LLP
Baker Botts LLP
EIP US LLP
Haynes and Boone, LLP
Holzer Patel Drennan
Kutak Rock
Lewis Roca
Messner Reeves LLP
Patterson Intellectual Property Law
Polsinelli
Setter Roche Smith & Shellenberger LLP
Smart & Biggar
Wilson Sonsini
Young Conaway Stargatt & Taylor, LLP
Silver
FTI Consulting
Greenberg Traurig
Greenberg Traurig
PatPro, Inc.
Seed Intellectual Property Group LLP
IP Fundamentals
Wednesday, May 31, 2023
9:15 am
Registration and Coffee
9:40 – 9:45 am
Welcome Remarks
Presented by Mollybeth (Molly) R. Kocialski, Esq., Director, Rocky Mountain Regional Office, U.S. Patent and Trademark Office, Denver, CO
9:45 – 11:00 am
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, Primary Patent Examiner, United States Patent and Trademark Office, Sara Patak, Esq., Wilson Sonsini Goodrich & Rosati, and Yashita Sharma, Primary Patent Examiner, United States Patent and Trademark Office.
11:00 am – 12:15 pm
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 H. Michael (Mike) Drumm, Esq., Drumm Law LLC and David Ratner, Esq., Creative Law Network, LLC
12:15 – 1:30 pm
Lunch on your own
1:30 – 3:00 pm
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 Victoria "Tori" Donovan, Esq., Kutak Rock LLP, Kate Havey, Esq., Venture Partners at the University of Colorado Boulder and Richard Magid, CSU Ventures
3:00 – 3:10 pm
Networking and Refreshment Break
3:10 – 4:00 pm
Trade Secrets
Presented by James Beard, Esq., Merchant & Gould, P.C.
IP Institute
Thursday, June 1, 2023
7:45 – 9:15 am
Continental Breakfast
Sponsored by Sheridan Ross P.C.
8:45 – 9:00 am
Welcoming Remarks
Extended by Nathaniel T. Trelease, Esq., Program Chair, WebCredenza, Inc.
9:00 – 9:50 am
Innovation, Politics, and the Future of IP
Presented by Wayne Stacy, Esq., Executive Director, Berkeley Center for Law & Technology and Brad Watts, Vice President for Patents and Innovation Policy, US Chamber of Commerce Global Innovation Policy Center
Moderated by Mikaela Stone, Esq., King & Spalding, LLP
9:50 – 10:05 am
Networking Break
Sponsored by Berg Hill Greenleaf Ruscitti LLP
10:05 – 10:55 am
Breakout Sessions
Track A: Patents & Patent Litigation
101 & Spec Drafting: Preparing Your Patents for a 101 Attack
- 101 Eligibility Framework
- Analogizing to Eligibility Guidelines and Caselaw
- Examples of Practical Application/ Non- Routine or Conventional Features
Presented by James W. Beard, Esq., Merchant & Gould, P.C., Kendria Pearson, Esq., Sheridan Ross, PC, and Karam Saab, Esq., Kilpatrick Townsend & Stockton, LLP
Track B: Trademarks/Copyrights
Enforcing your Trademark and Expressive Works
- Interplay between trademarks and expressive works
- Trademark and expressive works protection strategies
- Trademark and expressive works enforcement strategies
Presented by David S. Kerr, Esq., Berg Hill Greenleaf Ruscitti LLP, and Ian L Saffer, Esq., Quarles & Brady LLP
Track C: Tech Transactions
AI: Understanding Applications, Training, and Datasets
- What kind of problems can AI solve- or not solve?
- Dataset creation and acquisition
- How big companies are using datasets
Presented by Scott McKinney, Esq., Wilson Sonsini Goodrich & Rosati
Track D: In-House
The Creator Economy 2.0: Yours, Mine, or Ours?
- Relationship between creator and platform
- Online policing of content
- Monetization – what does the economic model look like
- Fair Use issues
Presented by Sarah Abelson, Esq., YouTube, and Will Hanisch, Esq., GreenRoom, Inc.
Moderated by H. Michael (Mike) Drumm, Esq., Drumm Law LLC
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 Scott R. Boalick, Chief Judge, Patent Trial and Appeal Board; and Mikaela Stone, Esq., King & Spalding, LLP
Track B: Trademarks/Copyrights
Trademark Modernization Act, Two Years On
- Take-aways in the last two years of Trademark Modernization
- Impact moving forward
Presented by Maria Baratta, Esq., Kilpatrick Townsend & Stockton LLP, Amy Cotton, United States Patent and Trademark Office, and Jolly Northrop, Esq., Holland & Hart, LLP
Track C: Tech Transactions
AI: Production Development and Technology Transfer: Legal Issues
- Emerging regulatory framework of AO
- Evaluating and training on datasets
- Evaluation and diligence on effectiveness of algorithms
Presented by Kristin Leavy, Esq. Cooley LLP, and Brandie Nonnecke, PhD, CITRIS Policy Lab
Track D: In-House
Ransomware Response
Presented by Eric Bodkin, CrowdStrike, Christian Lee, Esq., Cooley LLP and Erin Locker, Esq., Koenig, Oelsner, Taylor, Schoenfeld & Gaddis PC
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.)
12:25 – 12:35 pm
CBA/DBA Leadership Remarks
12:35 - 1:25 pm
ChatGPT and How AI Is Changing the Face of Everything
Presented by Karen Silverman, Esq., The Cantellus Group.
Moderated by Sara Patak, Esq., Wilson Sonsini Goodrich & Rosati and Nathaniel T. Trelease, Esq., Program Chair, WebCredenza, Inc.
1:30 – 2:20 pm
Breakout Sessions
Track A: Patents & Patent Litigation
The Supreme Court & Amgen: What Could Possibly Go Wrong?
- What is at stake?
- Let’s talk about the bench
- Forecasts and conclusions
Presented by Nathaniel Leachman, Esq., Pfizer, and Allison Schmitt, Esq., Berkeley Law
Track B: Trademarks/Copyrights
Warhol, the Supreme Court, and the Future of Copyright Law
- The basics of fair use and its impact on commercial activity
- The impact of fair use on artistic creativity
- The benefits and limits of licensing in the management of fair use
Presented by Ian Ballon, Esq., Greenberg Traurig, LLP
Track C: Tech Transactions
IP Licensing & Settlements – Troublesome Terms
- Red flags in scope of use and coverage of future and derivative products
- Transferability and renewals in M&A
- Audits, reporting, and royalties – domestic and international
Presented by Rachel MacGuire, Esq., Oracle, and Mary “Mindy” Sooter, Esq., Wilmer Cutler Pickering Hale and Dorr, LLP
Track D: In-House
In-House and Law Firm Partnerships in DEI
- Evolving from theater to real progress
- What should you measure to understand progress?
- Corporate mentoring practices that law firms can learn from
Presented by Sumedha Ahuja, Esq., Perkins Coie, LLP, Melissa Jobe, Esq., T-Mobile, and Elena McFarland, Esq., Shook, Hardy & Bacon, LLP
Submitted for 1 EDI Credit
2:20 – 2:40 pm
Networking Break
Sponsored by WilmerHale
2:40 – 3:30 pm
Breakout Sessions
Track A: Patents & Patent Litigation
European Patent Strategy Under the Unitary Patent System
- Pros and cons of UPS (considerations for whether companies should “opt out”)
- How the UPC will operate
- UPC injunctive powers and defensive considerations for UP license demands
- Opportunities and challenges for companies subject to the UPC
Presented by Bethan Hopewell, Esq., Powell Gilbert, LLP, W. Matthew Pierce, Esq., Perkins Coie, LLP, and Marianne Schreiber, Esq., Medtronic
Track B: Trademarks/Copyrights
Copyright Updates
Everything you need to know about the last year in copyright law.
Presented by Miriam Lord, Esq., United States Copyright Office, and Evan Rothstein, Esq., Arnold & Porter, LLP
Track C: Tech Transactions
2023 Trade Secret Update
Everything you need to know about the last year in trade secret law
Presented by Jim Pooley, Esq., James Pooley, PLC, and Quyen Ta, Esq., King and Spalding LLP
Track D: In-House
IN-HOUSE: Practical Approaches to Online Enforcement of Trademarks
- Leveraging platform's takedown programs
- When to cease and desist
- Creative Options
Presented by Evan Everist, Esq., Dorsey & Whitney, LLP, and Airina Rodrigues, Esq., Brownstein Hyatt Farber Schreck, LLP
3:35 – 4:25 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Inventorship and Inclusiveness: Best and Worst Practices (DEI)
- Legal framework for inventorship determinations
- Institutional frameworks for inclusiveness in inventorship
- Managing outside counsel to support inclusiveness objectives
Presented by Mary Fuller, Esq., Santa Clara Law, Jessica Meyers, Esq., Microsoft, and Tiffany Parcher, Esq., Medtronic Moderated by David Le, Esq., USPTO
Submitted for 1.0 EDI Credit
Track B: Trademarks/Copyrights
The Legal Sound of Music: The Doe, Re, Mis of Compliance
Compliance landscape in the music industry
Presented by Jim Jesse, Esq., Rock N’ Roll Law
Track C: Tech Transactions
Trade Secret Protections Through Contract
- Integrating trade secrets protections in commercial agreements
- Essential trade secret considerations in employment agreements
- Trade secret considerations in the evolving area of non-competes
Presented by Jim Pooley, Esq., James Pooley, PLC; and Laurie Rasmussen, Esq., Lockheed Martin
Track D: In-House
Hot Topics in Ad Tech
- Recent developments in the U.S. ad tech legal landscape
- How state privacy laws that take effect in 2023 and updates to existing law are impacting advertising practices
- Update on relevant activity at the federal level, particularly at the FTC
- Best practices and updates among self-regulatory organizations
Presented by Katherine Cramer, Esq. and Meredith Halama, Esq., Perkins Coie, LLP
4:25 pm – 5:25 pm
IP Institute Cocktail Hour Reception Sponsored by King & Spalding LLP
Take this time to network with distinguished faculty and colleagues. Included in your registration!
(Please note on the registration form if you plan to attend the cocktail hour reception.)
5:30 – 7:30 pm
After Hours Reception Sponsored by Shook Hardy & Bacon L.L.P.
Join sponsors Shook Hardy & Bacon and other IP Institute attendees at the Kachina Restaurant at the Westin Westminster for food and more networking opportunities.
Friday, June 2, 2023
7:45 – 8:50 am
ChIPs Breakfast
(Chiefs in Intellectual Property: www.chipsnetwork.org)
Featuring remarks by Karen Silverman, Esq., The Cantellus Group and Berkeley Law on AI and leadership
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 Cooley 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
From the Founders: Key IP / Tech Law Challenges
- How should you think about (and pay for) IP protection?
- Developing v. in-licensing your technology
- How to think about defending your technology from competitors, vendors, and vendors
Presented by Ajay Khoche, PhD, Trackonomy, Lindsey Laurain, EZPZ, Maddison Masaeli, PhD, Deepcell, Inc., Jessica Trostel, ME, MSL, CSU STRATA
Moderated by Steve MacKenzie, Esq., Koch Disruptive Technologies.
10:00 – 10:15 am
Networking Break
Sponsored by Dorsey & Whitney LLP
10:15 – 11:05 am
Breakout Sessions
Track A: Patents & Patent Litigation
2022 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
Trademark Updates
Everything you need to know about the last year in trademark law.
Presented by David Bernstein, Esq., Debevoise & Plimpton, LLP
Track C: Tech Transactions
Licensing Update
Everything you need to know about the last year in licensing.
Presented by Jeff Dodd, Esq., Hunton Andrews Kurth, LLP
Track D: In-House
Beyond Personal Data: Data Regulations, Localizations, and Limitations
Presented by Austin T. Chambers, Esq., Dorsey & Whitney, LLP, Andrea C. Maciejewski, Esq., Greenberg Traurig, LLP, and Beth Magnuson, Esq., CIPP/US, CIPP/E, CIMP, Senior Legal Editor, Thomson Reuters
11:10 am – 12:00 pm
Breakout Sessions
Track A: Patents & Patent Litigation
A Litigator’s View of Claim Drafting
- The well-crafted specification
- Correlating breadth of claims to damages demands
- Ensuring enablement
- The post-Alice need for computational granularity
Presented by Benjamin S. Fernandez, Esq., Wilmer Cutler Pickering Hale and Dorr, LLP; Jessica C. Kaiser, Esq., Arnold & Porter Kaye Scholer LLP; and Kirstin Stoll-DeBell, Esq., Faegre Drinker Biddle & Reath LLP.
Track B: Trademarks/Copyrights
AI-generated Works: Can They Be Copyrighted?
- Copyright Office Policy on AI-Generated Works recently released
- Requirement of human authorship
- Joint authorship - human and AI
- Copyright Office “listening sessions” to explore issues relating to AI-Generated works
Presented by Janet Fries, Esq., Faegre Drinker Biddle & Reath LLP
Track C: Tech Transactions
2023 Privacy Update, Part 1 - The United States
Everything you need to know about the last year in domestic privacy law
Presented by David Navetta, Esq., Cooley LLP
Track D: In-House
Rightsizing Your IP
- Using Tech and Internal Resources to manage increasing workloads with reduced budgets.
- Managing OC Spend.
- Better analysis of risk & value.
Presented by Dave Howell, Esq., Bemis Manufacturing Company, Matt Linton, Esq., True Anomaly, and Naomi Obinata, Esq., KYOCERA SLD Laser
Moderated by Shane Percival, Esq., Neugeboren O'Dowd PC
12:05 – 1:10 pm
Luncheon Sponsored by Holland & Hart, LLP
(Lunch is included with your registration. Please indicate on the registration form if you plan to attend.)
12:20 – 1:10 pm
Ethics Hour with David Hricik
Presented by David Hricik, JD, Mercer University School of Law
Submitted for 1 Ethics Credit
1:15 – 2:05 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Ask a SPE: Here’s Your Shot- What’s On Your Mind?
- Best strategies for moving cases to allowance
- When and how to conduct an effective interview
- Making use of after final procedures
Presented by Allison Bourke, ME., Supervisory Patent Examiner, USPTO and Bennett Sigmond, JD, Supervisory Patent Examiner, USPTO
Moderated by Lee F. Johnston, Haynes & Boone LLP
Track B: Trademarks/Copyrights
Almost Famous Marks: Delusion vs Dilution
- The high bar for proving fame
- Successful dilution claims
Presented by Leigh Augustine, Esq., EIP LLC and Charlene Krogh, Esq., Dorsey & Whitney LLP
Track C: Tech Transactions
2023 Privacy Update, Part 2 – EU, UK, China & India
Everything you need to know about the last year in global privacy law
Presented by Elizabeth (Liz) Harding, Esq., Polsinelli
Track D: In-House
Practical Issues for Employers with a Suddenly National Workforce
- Non-competes and trade secret protection
- Compensation when you’re competing with everyone
- Employee handbooks, compliance, and tax issues
- Productivity monitoring and measurements
Presented by William J. Kelly, Esq., Kelly Law Partners, LLC
2:10 – 3:00 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Patents v. Trade Secrets: Tech v. Life Sciences
- The value of trade secret protection in Tech v. Life Sciences
- Deciding whether to patent or keep trade secret
- Internal invention disclosure and trade secret processes to maximize protection
Presented by Michael Drapkin, Esq., Holland & Hart, LLP, and Lisa Zang, Esq. Wilson Sonsini Goodrich & Rosati
Track B: Trademarks/Copyrights
Name, Image, & Likeness: An Update
- An overview of federal legislative efforts
- NIL in the age of social media and streaming platforms
- Alt: Protection of trade names in social media and streaming platforms
- Proliferation of the Transfer Portal (and its potential for abuse)
Presented by Amy Kramer, Esq., Greenberg Traurig, LLP, and Ryan D. Levy, Esq., Patterson Intellectual Property Law, P.C.
Track C: Tech Transactions
Antitrust Worthy: Landscape of Tech & M&A
- Emerging frameworks for platform regulation
- Focus on emerging company activity
- Chill on new product development and M&A
Presented by Bryn Williams, Esq., Colorado Attorney General's Office, and Christopher H. Wood, Esq., Lewis Brisbois Bisgaard & Smith, LLP
Track D: In-House
QUICK HIT: Just Enough to Be Dangerous: Trust & Estate Law
Presented by Erica Johnson, Esq., Ambler Keenan Mitchell Johnson, LLC; Moderated by James Brogan, Esq., King and Spalding, LLP
QUICK HIT: Just Enough to Be Dangerous: Adolescent Law
Presented by Patrick Mulligan, Esq., Mulligan Breit McConnell, LLC; Moderated by James Brogan, Esq., King and Spalding, LLP
3:00 – 3:30 pm
Beer Tasting Sponsored by Merchant & Gould, P.C.
Voir Dire Beer®
Infringement IPA®
Attorney Ale®
Lawyer’s Lager®
3:30 – 4:20 pm
Ethics Rumble with Mike and Tom
Presented by Thomas Spahn, Esq., McGuireWoods, LLP, and H. Michael (Mike) Drumm, Esq., Drumm Law LLC
Submitted for 1 Ethics Credit
Location Information
Westin Westminster Hotel
10600 Westminster Blvd
Westminster, CO 80020
Get directions
10600 Westminster Blvd
Westminster, CO 80020
Registration Fees
| Non Member | $1066.00 |
| CBA Member | $800.00 |
| CBA Intellectual Property Law Section Member | $640.00 |
| Copyright Society of the USA Member | $640.00 |
| ABA Intellectual Property Section Member | $640.00 |
| CLE BASIC Pass Holder | $496.00 |
| New Lawyer Edge Member | $400.00 |
| Public Service/Government | $400.00 |
| Paralegal/Legal Suppot Staff | $400.00 |
| Active Military | $400.00 |
| Public Service/Government (CBA Member) | $400.00 |
| CLE ELITE Pass Holder | $362.00 |
| Student currently enrolled in Law School | $211.00 |
- General Credits: 20.00
- Ethics Credits: 2.00
- EDI Credits: 2.00
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