Thursday, May 29, 2025
7:45 – 9:00 am
Continental Breakfast
Sponsored by Venable LLP
8:30 – 8:35 am
Welcoming Remarks
Extended by Nathaniel T. Trelease, Esq., Program Chair, WebCredenza, Inc.
8:35 – 9:50 am
Big Picture IP 2025: Back to the Future (LIVE Only)
Presented by Peter-Anthony Pappas, U.S. Senate Committee on the Judiciary (invited), Vaishali Udupa, Esq., Immediate Past Commissioner for Patents, United States Patent and Trademark Office, and Lucky Vidmar, Esq., Microsoft.
Moderated by Wayne Stacy, Esq., Executive Director, Berkeley Center for Law & Technology.
9:50 – 10:05 am
Networking Break
10:05 – 10:55 am
Breakout Sessions
Track A: Patents & Patent Litigation
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
Data Mining and Machine Learning: Fair Use or Violation
- Anthropic class action.
- Use of The Pile dataset.
- Licensing of trademarked/copyrighted works for training purposes.
- How have the courts ruled on matters involving AI?
Presented by Miriam Lord, Esq., United States Copyright Office (Invited), and David Mattern, Esq., King & Spalding LLP
Track C: Technology Law
Data Licensing
- Master the intricacies of data ownership: Gain clarity on who owns what—and the legal boundaries of using licensed data.
- Avoid common pitfalls: Learn how to structure agreements to minimize disputes and ensure compliance with privacy regulations.
- Emerging trends in data licensing: Stay ahead with insights on licensing in AI, big data, and cross-border transactions.
Presented by Emily Keimig, Esq., Venable LLP, Ayman Haq, Esq., Senior Legal Counsel, Xero, and James E. Nelson, Esq., Venable LLP
Track D: Technology Law
Contracting in a World of AI Chaos
- Tame the chaos: Learn how to draft contracts and policies that address unpredictable risks posed by generative AI and machine learning systems.
- Adapt to new challenges: Explore how AI impacts intellectual property, liability clauses, and confidentiality provisions in your agreements.
- Stay ahead of the curve: Gain insights into how courts and regulators are approaching AI-related disputes and how to future-proof your drafting.
Presented by Laila Paszti, Esq., Polsinelli, and Cheri Walker, Esq., Transamerica
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 Katherine D. Cappaert, Esq., Steptoe LLP, and Mikaela
Stone, Esq., King and Spalding, LLP
Track B: Trademarks/Copyrights
Digital Replicas and the Fake Right to Publicity
- Detection, identification, assessment, and counter-strategies.
- Boom in state laws (e.g., CA: AB 1836; AB 2602; NY: Digital Replica Contracts Act; Tennessee: ELVIS Act)
- Proposed: NO FAKES Act, No AI Fraud Act
Presented by Pamela Hirschman, Esq., Davis Graham & Stubbs LLP and Airina Rodrigues, Esq., Brownstein Hyatt Farber Schreck, LLP
Track C: Technology Law
Beyond Earth: The Future of Space Law
Intellectual property protection, cyber security, and regulation in space.
Presented by Jerry McIntyre, Esq., Orbit Fab, Colonel Lee Rosen, USAF, Retired, Think Orbital, and Michael Wilson, Astro Digital.
Moderated by Curt Blake, Esq., Wilson Sonsini Goodrich & Rosati
Track D: Technology Law
Domestic Privacy Update
Everything you need to know about the last year in domestic privacy law.
Presented by David Navetta, Esq., Troutman Pepper Locke
11:55 am – 1:25 pm
Luncheon
Sponsored by Kilpatrick Townsend & Stockton LLP
Lunch is included with your registration. Please indicate during registration if you plan to attend. CBA-CLE can provide vegetarian, vegan, and gluten-free options if requested.
12:35 - 1:25 pm
Lawyer Ethics and AI: What to Know and What Not To Do -- For Now
- Examine the ethical implications of using artificial intelligence in legal practice, including adherence to confidentiality, competence, and duty of supervision.
- Discuss the risks of relying on AI tools for legal research, drafting, and decision-making, and how to avoid common pitfalls.
- Review recent guidance from bar associations and regulatory bodies on the ethical use of AI in the legal profession.
- Identify practical strategies for integrating AI into legal workflows while maintaining compliance with professional responsibility standards.
Presented by David Hricik, JD, Mercer University School of Law
Submitted for 1 Professional Responsibility Credit
1:30 – 2:20 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Public Use and The On-Sale Bar: Making Sense of a Complicated Doctrine Six Years After Helsinn v. Teva
- What conduct amounts to an offer for sale triggering the on sale bar? A discussion on recent developments regarding the on-sale bar with takeaways on how to minimize the risk that commercial activity that triggers it.
- Does certain conduct rise to a “public use” prior art event? Metallizing Engineering “forfeiture doctrine” and recent case law seeking to overturn this long-standing principle.
- Similarities and differences between these doctrines and “public disclosures” that can disqualify certain types of prior art under AIA 35 U.S.C. § 102(b).
Presented by Justin Krieger, Esq., Kilpatrick Townsend & Stockton, LLP, and Karam Saab, Esq., Kilpatrick Townsend & Stockton, LLP
Track B: Trademarks/Copyrights
Copyright Updates
Everything you need to know about the last year in copyright law.
Presented by Evan Rothstein, Esq., Arnold & Porter, LLP
Track C: Technology Law
Licensing and E-Commerce
- Continuing obligations for brands and IP holders
- Copyright, AI, privacy
- Less considered side effects of exploitation directly or through using an e-commerce provider
Presented by Will Hanisch, Esq. GreenRoom, Inc.
Track D: Technology Law
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
Death By Design Patent: Ignore At Your Own Risk
- Understand the power of design patents: Learn how these often-overlooked patents can lead to devastating litigation outcomes.
- Avoid costly missteps: Discover best practices for evaluating design patent risks in product development and enforcement strategies.
- Case studies of failure and success: Analyze real-world examples of businesses impacted by design patent litigation—and how they recovered.
Presented by James Beard, Esq., Merchant & Gould, P.C., and Margaret Polson, Esq., Polson Intellectual Property Law, P.C.
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
Life Sciences Edition: Post-Chevron World and What to Expect
- USPTO in Post-Chevron World
- Trends in drug pricing
- Challenges to FDA regulations (is it going to be more expensive to do clinical trials? what's going to happen in orphan indications, vaccine space)
- Practice tips for attorneys in life sciences space
Presented by James Ravitz, Esq., McDermott Will & Emery, Jodi Scott, Esq., Hogan Lovells, and Eva Temkin, Esq., Arnold & Porter
Track D: Technology Law
AI and IP Issues in Major Corporate Transactions (Part 1)
- Legal considerations (IP, licensing, freedom to operate) when acquiring an AI asset or company developing an AI product
- Due diligence & valuation for digital assets (e.g., NFTs, AI, blockchain, anything non-tangible)
- How to assemble the right legal team
- Buyer beware - lessons learned from past deals
- Patent-specific issues in M&A Transactions
Presented by Elizabeth Manno, Esq., Venable LLP, and Camila Tobon, Esq., Shook Hardy Bacon
Moderated by Keith Berets, Esq., Cooley
3:35 – 4:25 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Emerging Defense Tactics: Prosecution Laches, Unclean Hands, Inequitable Conduct
- Leverage cutting-edge defenses: Learn how to deploy prosecution laches, unclean hands, and inequitable conduct as powerful tools in patent litigation.
- Spot vulnerabilities: Identify weaknesses in opposing patents and build a robust defense strategy tailored to these doctrines.
- Real-world applications: Analyze recent cases where these defenses turned the tide in litigation and how to replicate those successes.
Presented by Tiffany Cooke, Esq., Haynes Boone, LLP, Max Gratton, Esq., Dish Network, and Lee F. Johnston, Esq., Haynes Boone, LLP
Track B: Trademarks/Copyrights
The Use of Content, Data and Informaion for Machine Learning and Training Algorithms for Generative Artificial Intelligence
- The latest AI case law, trends, and strategy;
- Data reuse and AI - the law and liability issues surrounding machine learning and generative AI;
- The smorgasbord of remedies potentially available depending on what data is accessed, how it is accessed, how long it is kept, and what it is used for; and,
- Best practices for attorneys.
Presented by Ian C. Ballon, Esq., Greenberg Traurig, LLP
Track C: Technology Law
IP Issues in Cultural Heritage
- Collective, non-commercial cultural expressions v. IP ownership
- Limitations of copyright/trademarks to adequately protect cultural heritage
- Potential for misappropriation
- Online use of heritage materials
- WIPO/UNESCO efforts.
Presented by Channah Norman, Esq., Shook Hardy & Bacon L.L.P.
Submitted for 1 EDI Credit
Track D: Technology Law
AI and IP Issues in Major Corporate Transactions (Part 2)
- Legal considerations (IP, licensing, freedom to operate) when acquiring an AI asset or company developing an AI product
- Due diligence & valuation for digital assets (e.g., NFTs, AI, blockchain, anything non-tangible)
- How to assemble the right legal team
- Buyer beware - lessons learned from past deals
- Patent-specific issues in M&A Transactions
Presented by Elizabeth Manno, Esq., Venable LLP, and Camila Tobon, Esq., Shook Hardy & Bacon L.L.P.
Moderated by Keith Berets, Esq., Cooley
4:25 pm – 5:15 pm
Cocktail Reception
Sponsored by the Intellectual Property Section of the Colorado Bar Association
Take this time to network with distinguished faculty and colleagues. Included in your registration! Please indicate if you plan to attend during the registration process.
5:15 pm – 6:00 pm
After Hours Happy Hour
Sponsored by Steptoe LLP
The networking continues! Stay right where you are and enjoy our extended reception.
Friday, May 30, 2025
7:45 – 9:00 am
Continental Breakfast
Sponsored by Quarles & Brady LLP
Continental Breakfast is included with your registration. Please indicate if you plan to attend during the registration process.
8:30 – 8:35 am
Welcome Back Remarks
Extended by Nathaniel T. Trelease, Esq., Program Chair, WebCredenza, Inc.
8:35 – 9:50 am
Regulating Big Tech: Antitrust and Competition Law--Global, National, and Local
- Who owns the copyright for works created by AI systems—the developers, the users, or the AI itself?
- How should existing IP law adapt to AI-generated inventions, music, art, or literature? What are the implications for patent law and copyright infringement in an age of AI creativity?
- Intellectual Property and AI Creations
Presented by David Emanuelson, Esq., Arnold & Porter LLP and Jennifer Milici, Esq., Wilmerhale, LLP
Moderated by James Brogan, Esq., Steptoe, LLP.
9:50 – 10:05 am
Networking Break
10:05 – 10:55 am
Breakout Sessions
Track A: Patents & Patent Litigation
UPC Update: One Year Later
Everything you need to know about the last year at the UPC
Presented by Bethan Hopewell, Esq., Powell Gilbert, David D. Hsu, Ph.D., Esq., Polsinelli, and Eric Whitaker, Esq., 10x Genomics
Track B: Trademarks/Copyrights
How to Address Functionality Refusals/What's New In Trade Dress
- Acting as identification of goods/services but not functioning that way.
- Trade dress hot topics
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: Technology Law
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
11:00 am – 11:50 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Subject-Matter Eligibility and Advanced Patent Prosecution Techniques
- Crack the eligibility code: Navigate the complex landscape of §101 subject-matter eligibility with clarity and confidence.
- Innovative prosecution strategies: Master advanced techniques to overcome examiner rejections and secure stronger patents.
- Stay informed on the latest trends: Get updates on key court rulings and legislative efforts shaping subject-matter eligibility standards.
Presented by Callum Docherty, Esq., EIP, John “J.T.” Lomenick, Esq., Holland and Hart, LLP, and Michele Washington, Esq., Ph.D., Quarles & Brady LLP
Track B: Trademarks/Copyrights
The Survey Says (Trademark Surveys)
- The power of consumer surveys: Discover how well-designed surveys can provide critical evidence of consumer confusion or secondary meaning in trademark cases.
- Best practices for survey design: Learn how to create surveys that meet judicial standards and effectively support your trademark claims.
- Case law insights: Explore recent rulings that highlight the growing importance of consumer surveys in trademark and trade dress litigation.
Presented by Jared Briant, Esq., Faegre Drinker
Track C: Technology Law
Trademark Licenses & Accidental Franchisee
- Avoid costly mistakes: Learn how improperly structured licensing agreements can inadvertently create a franchise—and the legal headaches that follow.
- Key legal distinctions: Understand the fine line between licensing and franchising, and how to stay on the right side of the law.
- Protect your clients: Gain strategies for drafting agreements that safeguard against unintentional franchise designations.
Presented by H. Michael (Mike) Drumm, Esq., Drumm Law, LLC
Track D: Technology Law
AI Update
Everything you need to know about the last year in artificial intelligence
Presented by Sean P. Belding, Esq., Perkins Coie, and Jess Miers, Esq., The University of Akron School of Law
12:05 – 1:10 pm
Luncheon
Sponsored by Holland & Hart
Lunch is included with your registration. Please indicate during registration if you plan to attend. CBA-CLE can provide vegetarian, vegan, and gluten-free options if requested.
12:20 – 1:10 pm
AI and Prompt Engineering in Law Practice
- Harness the power of AI: Learn how to craft precise prompts to optimize AI tools for legal research, drafting, and case analysis.
- Avoid ethical pitfalls: Understand the risks of AI-generated content and ensure compliance with confidentiality and professional standards.
- Practical applications: Explore real-world examples of how prompt engineering streamlines workflows and enhances legal decision-making.
Speakers to be named
1:15 – 2:05 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Mega Damages Awards in Patent Litigation
- The billion-dollar stakes: Explore the factors that lead to massive damage awards in high-stakes patent disputes.
- Maximize your strategy: Learn how to calculate damages effectively, present compelling evidence, and understand the role of willfulness.
- Lessons from the courtroom: Dive into marquee cases with mega damages awards and uncover key takeaways for your practice.
Presented by Trevor Bervik, Esq., Perkins Coie, and Kourtney Mueller Merrill, Esq., Perkins Coie
Track B: Trademarks/Copyrights
Name Image Likeness
Presented by Ryan D. Levy, Esq., Patterson Intellectual Property Law
Track C: Technology Law
Standards Essential Patents
- UPC impact on SEPs
- International decisions relating to SEPs.
Presented by David Kellis, Esq., Kellis IP Law
Track D: Technology Law
Colorado’s New AI Act
- Coming 2026--only state to implement an AI act.
- Concerns and criticisms from developers
- Likelihood of changes and amendments
Presented by Rich Spilde, Esq., Holland & Hart
2:10 – 3:00 pm
Breakout Sessions
Track A: Patents & Patent Litigation
Venue Comparison: IPRs, Reexams, and Litigation Venues
- Choose the right battleground: Compare the pros and cons of IPRs, reexaminations, and district court litigation for resolving patent disputes.
- Insights into venue trends: Understand recent statistics, judicial biases, and procedural differences across venues.
- Strategic decision-making: Learn how to align your case strategy with the strengths and weaknesses of each venue for optimal outcomes.
Presented by Michael Smith, Esq., Scheef & Stone, LLP, and Mary (Mindy) V. Sooter, Esq., WilmerHale
Track B: Trademarks/Copyrights
Quick Hits: Trademark Scams and Common Mistakes in Trademark Prosecution
- Common trademark scams
- Enforcement efforts
- Nuts, bolts, and ethics of trademark prosecution
- Obscure provisions of trademark law
Presented by Leigh Augustine, Esq., EIP, and David Le, Esq. (invited), United States Patent and Trademark Office
Track C: Technology Law
Quick Hit: Just Enough to Be Dangerous: Immigration Law and Commercial Real Estate Law
Presented by Marcela Mendoza, Esq., Mendoza Marquez Law, and Robin Nolan, Esq, Spencer Fane, LLP
Track D: Technology Law
IN-HOUSE: Guidance in Use and Development of AI Policy
- Guidance in Use and Development of AI Policy
- Navigate the future of AI: Learn how to craft policies that align with legal, ethical, and business standards in the rapidly evolving AI landscape.
- Mitigate risks: Understand the potential liabilities of AI implementation and how to proactively address compliance and governance challenges.
- Practical tools for policy creation: Get actionable templates and best practices to develop AI policies tailored to your organization’s needs.
Presented by Will Carter, Accenture, and Scott McKinney, Esq., Wilson Sonsini Goodrich & Rosati
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
Lawyer Ethics and Difficult Law, Facts, and Clients
- Navigate challenging scenarios: Get practical guidance on maintaining ethical integrity when dealing with complex cases and high-conflict clients.
- Balance advocacy and ethics: Learn how to manage contentious situations without crossing professional boundaries or compromising your duties.
- Master problem-solving strategies: Explore real-life examples and proven techniques for tackling legal, factual, and client-based difficulties.
Presented by Boyd Cloern, Esq., Steptoe LLP
Submitted for 1 Professional Responsibility Credit
4:20 pm
Adjourn