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Intellectual Property

Past Month

Released on: Apr. 25, 2013

Taken from the briefing Kirtsaeng v. John Wiley & Sons, Inc.: First Sale Doctrine Applies to Goods Made Abroad and Imported Without the Permission of the Copyright Holder recorded April, 2013.On March 19, 2013, the United States Supreme Court in Supap Kirtsaeng v. John Wiley & Sons, Inc. reversed the Second Circuit Court of Appeals and held (6-3) that the first sale doctrine set forth in 17 U.S.C. § 109(a) of the Copyright Act applies to goods ...

From the program: Advanced Copyright Law Annual Review 2013

Recorded on: Apr. 24, 2013

Taken from the Web Program Advanced Copyright Law Annual Review 2013 recorded April, 2013 in New York.Lecture Topics  [00:59:57]Arbitration and Mediation of Copyright Disputes  [00:59:57] Arbitration Mediation Other ADR procedures and strategies Before litigation During litigation The purchase price of this segment includes the following article from the Course Handbook available online: Mediation and Arbitration of Copyright ...

From the program: Advanced Licensing Agreements 2013

Released on: Apr. 4, 2013

Licensing transactions are more complex than ever. The constantly evolving legal, regulatory and technical landscape drives the need to stay current in all of these key areas. Whether utilized to develop technology, expand or create market opportunities, or generate returns from existing assets, managing complex licensing transactions requires a broad and varied toolkit. Additionally, whether licensing patents, copyrights, trade secrets or trademarks, ...

From the program: Advanced Trademark Law Annual Review 2013

Recorded on: Apr. 18, 2013

Taken from the Web Program Advanced Trademark Law Annual Review 2013 recorded April, 2013 in New York.Lecture Topics  [00:57:47]Advanced Trademark Prosecution  [00:57:47] Potential implications of and practical tips to address the new rule regarding specimens of use for U.S. trademarks Recent TTAB decisions with potential impact on trademark prosecution practice Registering/protecting color as a mark: implications of the Christian ...

Recorded on: Apr. 18, 2013

KIERAN DOYLE: We're into the home stretch. For the next hour, what we'll be hearing about is trademark prosecution. And I guess there's three perspectives, at least three perspectives on trademark prosecution. There's the brand-owners' perspective. There's the practitioners' perspective, and there's the perspective of the examining attorney, the PTO perspective. And our next two speakers will be able to shed light from all three perspectives. Tricia ...

Recorded on: Apr. 17, 2013

JOSE A. ESTEVES: OK. We're going to go ahead and get started with the afternoon portion of the program. [SIDE CONVERSATION] JOSE A. ESTEVES: Yes. [SIDE CONVERSATION] JOSE A. ESTEVES: All right. So we've got the first of three panels of the afternoon program. And in this panel we're going to have presentations exploring new and emerging models related to patent monetization. And we have four speakers lined up for you. Our first is Cheryl Malone. ...

From the program: IP Monetization 2013: Maximize the Value of Your IP Assets

Released on: Apr. 30, 2013

The rapidly evolving field of Intellectual property ("IP") monetization has become a core strategic consideration for many companies.  On an increasingly regular basis, companies are considering, among other strategies, (i) the carve-out of IP assets in M&A and other strategic transactions, for sale in separate transactions, (ii) IP litigation financing, (iii) financing partners and vehicles for technology and IP development, (iv) international ...

Recorded on: Apr. 3, 2013

ROBERT GREENE STERNE: Well, welcome again, and now we're going to be addressing the very important subject of appeals from the Board to the Federal Circuit, something that I think a lot of us are woefully deficient in our appreciation of the task at hand, and we need to get up to speed on this very important piece of the puzzle. So as we start this panel discussion, first of all, let me introduce John Dragseth, who is our other faculty member, in ...

From the program: USPTO Post-Grant Patent Trials 2013

Released on: Apr. 10, 2013

Post-grant patent proceedings were pursued in record number at the USPTO in 2012. The substantial costs and uncertainty of patent litigation require the development of alternative case management strategies, which at least require consideration of challenging patents at the USPTO. To this end, patent reexamination remains a viable alternative to costly litigation or parallel path to enhance litigation positions. Yet due to the public outcry for even ...

Recorded on: Apr. 24, 2013

SPEAKER 1: The last leg-- Alida Camp. ALIDA CAMP: It's probably the end of a long day, but this is a bit different. What I'm here to do is try to encourage you to use mediation and arbitration as alternatives to litigation in not only copyright, but really any disputes. But it makes a lot of sense in copyright. Is it always appropriate? No. But do I think it's something that you ought to discuss with your clients with the parties to the case with ...

Recorded on: Apr. 24, 2013

RICHARD DANNAY: OK. Welcome back. I hope everyone had a good lunch. We have a great panel for this afternoon. Unfortunately, the moderator's voice is barely in play, but I'm going to introduce all three of our speakers as I did in the morning. And then Simon will begin. To my right and our first speaker in the afternoon is Simon Frankel, who is a litigation partner in the San Francisco office of Covington & Burling and chair of his firm's intellectual ...

Recorded on: Apr. 2, 2013

DANIEL L. REISNER: It's my pleasure to introduce the speakers for our last topic today. Grace Pan is a partner at Kay Scholer in our New York office. She is a graduate of Northwestern University School of Law, where she graduated Phi Delta Phi and Iota Sigma Phi. Grace speaks Chinese and Japanese, travels often to Asia, and represents numerous Asian clients with intellectual property and commercial issues. Grace is a member of numerous professional ...

Recorded on: Apr. 4, 2013

Taken from the Web Program Developments in Pharmaceutical and Biotech Patent Law 2013 Recorded April, 2013 in New YorkBiotech and Pharma Licensing in Asia [01:00:22] This session will discuss the legal aspects of optimizing a patent portfolio by licensing in Japan, Taiwan and other Asian countries.The purchase price of this segment includes the following article(s) from the Course Handbook available online: Pharmaceutical and Biotechnology Licensing ...

Recorded on: Apr. 24, 2013

PETER JASZI: In fact, I actually am going to give a presentation today that will at least initially be a little more upbeat than the title suggests, the title being, Can Fair Use Be Fixed, implying, I think, that it needs to be fixed. And I actually would like to throw into doubt or open up for argument the question about whether any fix is required or, indeed, whether any fix is likely to do more good than harm. So let me start by going in at the ...

Recorded on: Apr. 24, 2013

LATEEF MTIMA: OK. This is like that Bette Davis line, "Fasten your seat belts, this is going to be a bumpy ride," not only because this is DMCA, but, literally, talk about up-to-the-minute developments. Some of the latest key decisions on the DMCA have been happening over the last couple of weeks. And in fact, we had a decision just yesterday. So last night I'm tinkering getting this stuff in. OK. So I'm going to talk about the DMCA. And ...

Recorded on: Apr. 2, 2013

DANIEL L. REISNER: Morning, everyone. I'm going to start with the first topic of the day, which is claim construction. Judge Holderman, about five years ago, wrote, something has to change when your boss, upon reviewing your work, continues to tell you, year after year, that you are doing your job incorrectly about 1/3 to 1/2 of the time, and your customers continue to tell you their costs are too high. Judge Holderman was speaking about the Federal ...

Recorded on: Apr. 18, 2013

SPEAKER 1: Welcome back, everybody to our afternoon session of this advanced trademarks program. We are going to hear this afternoon from Jonathan Hudis, Vanessa Soman, and Joseph Drayton. Jonathan will address the topic of dual ownership of a trademark. And then Vanessa and Joe will address the topic of contributory infringement. I'll introduce all three of them now. Jonathan Hudis is a partner in the trademark and copyright practice group of Oblon, ...

Recorded on: Apr. 24, 2013

PETER JASZI: OK. The contractualization of copyright. In my view, one of the most interesting and important topics. Listen up. GLORIA C. PHARES: All right. So I have the daunting task of being the last thing that stands between you and lunch. And before getting to my presentation, though, I want to explain the copyright licensing materials in your handbook. The outline and the cut off for the outline is January 18. And the table of contents, which ...

Recorded on: Apr. 10, 2013

Taken from the briefing Cybercrime: A Multi-Faceted Legal Challenge recorded April, 2013.Every day, more and more of our lives and our business is conducted online. It should come as no surprise, therefore, that savvy criminals are increasingly looking to the digital world as well. Each day brings new headlines about the growing threats posed by cybercriminals, ranging from thefts of personal information and intellectual property, to disruptive ...

Recorded on: Apr. 3, 2013

SCOTT: Welcome back, everybody. We're going to get started so we can get everybody to lunch on time. So the next module is focusing on discovery, which is a new component of these PTAB mechanisms. There was, as we all learned recently thanks to the federal circuit case last week, there's certainly no discovery in inter partes reexamination. And that was pointed out by Congress, that patent owners, in particular, wanted to challenge some of these declarations ...

Released on: Apr. 5, 2013

Taken from the briefing Email and the End of Privacy as We Know It: How to Protect the Privilege for Electronic Communications Actions recorded March, 2013. The increasing use of email to replace written correspondence, memos, and even phone calls raises questions about attorney-client confidentiality, particularly where clients choose to send emails from public venues or their place of employment. Attorneys and clients alike must be aware of potential ...

From the program: Ethics in Social Media 2013

Released on: Apr. 1, 2013

Ethics permeates all areas of today's legal practice.  With the proliferation of social media, what types of personal information are companies permitted to access without the consent of their employees or applicants?  How is privacy and security addressed?  The New York City Bar Association, the New York State Bar Association and the New York County Lawyers' Association have all issued ethics opinions on "pretexting" and "social engineering" ...

Recorded on: Apr. 10, 2013

Taken from the briefing Foreign Filing Best Practices: An Update on the Patent Cooperation Treaty recorded April, 2013.With today’s global industries and markets, foreign patent protection is an essential part of IP strategy. Since entering force in 1978, the Patent Cooperation Treaty (PCT) has been a popular route for applicants acquiring patent rights in different countries because of the distinct advantages that the PCT offers versus ...

Recorded on: Apr. 18, 2013

SPEAKER 1: We're going to continue right here from the table since we've shifted. Our next speaker is Kristina Rosette. Kristina is of counsel in the Washington office of Covington & Burling. Her practice focuses on domain name, internet, and trademark matters. She has unique expertise in domain name issues, including drafting the ICANN policy recommendations for new gTLDs, developing and implementing trademark protections in new gTLDs, drafting ...

Recorded on: Apr. 2, 2013

DAVID BARR: Everyone just a brief change in our schedule. We're going to be going forward with the in-house panel on pharma and biotech litigation for the 3:00 slot. And the panel on biotech and pharma licensing in Asia will take place at 4:00. So same subject matter, just flipping those two panels. So we're pleased and privileged to have today with us three in-house counsel to discuss a lot of the issues-- maybe in more depth than we were discussing ...