On-Demand Learning

Intellectual Property

Transcripts

Recorded on: Jan. 24, 2013

SPEAKER: So we're about ready to get started. Well, this has been a great day, and we've had some great speakers. But in many respects, we've saved the best for last. At a class action litigation conference the last word really should be from a judge, because all of the cases and everything that we do really is determined by the judge in the case. And in the area of data privacy class action litigation, there's really no better judge to speak to ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: Hi, everybody. Welcome back. We're down to the last hour of our first day, and it's my pleasure at this point to introduce John Steele. I think many of you know John from over the years. John is currently a solo practitioner, but he's an expert in the ethics area. He represents clients in matters of legal ethics, professional liability, risk management, and the law of lawyering. For over 15 years, John has served as the top internal ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: Good morning. Welcome back. Good morning. At this point, it's my pleasure to introduce Bob Stankey, sitting to my right, who will be speaking to us about international licensing. Bob is a partner at Davis Wright firm in Washington, DC, so he's come out to join us from the Eat Coast where his practice areas include technology licensing, data protection, and electronic communications regulatory law. Bob is a graduate of the University ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: Thanks very much. I think with that, I would like to introduce our first speaker. It's my pleasure to introduce Sally Abel to my immediate right. Sally is a partner and chair of the 20 plus member of the trademark group at Fenwick & West, in Mountain View. Sally is really preeminent in the trademark field, and in fact was recently named the top trademark lawyer in the United States, and among the top seven in the world by Who's Who ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: Hi everybody. We're ready to continue with our last talk of the morning before lunch. At this point it's my pleasure to introduce Lillian Stenfeldt. She's a partner in the Creditor's Rights and Bankruptcy practice group. And in fact, she chairs that practice group at the Cedric firm here in San Francisco. Her practice areas and her expertise include bankruptcy and insolvency, creditor's rights, receivership matters, and complex commercial ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: Hi, everybody. Welcome back. At this point we're going to have a presentation on Rights of Publicity Licensing, and I'm pleased to introduce Kristina Dinerman Cooper and Brian Thompson as our panelists. Kristina's Vice President and Associate General Counsel at Yahoo, where she heads Legal Services for Media and Commerce, overseeing the legal work for Yahoo's consumer facing properties such as news, finance, sports, entertainment, shopping, ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: Thanks, Ira. So we're getting into the home stretch now. Just two more presentations. At this point, I'd like to introduce two gentlemen who will be speaking to us on government contracting. The first is-- Jim, are you going first? JAMES McEWEN: Yeah, I'll be first. DAVID BLOCH: Jim is going first. JOSEPH YANG: OK. First is Jim McEwen. He's a senior attorney at Sikorsky Aircraft Corporation. Before that, he was a partner at Stein ...

Recorded on: Dec. 12, 2012

JOSEPH LANG: Hello, welcome back. Hope everybody had a good lunch, and with that I'd like to start the afternoon session. And I will be talking about patent and technology licensing. For anybody that wants to follow along, my materials are on page 573 of the course handbook, and you're welcome to look at that. It's a word outline that, basically, follows the slides that are on the screen. Up until now we've had some great presentations by the copyright ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: Thanks, Bob. Lots of great practical tips about the licensing in Europe. So one of last topics that Bob mentioned was competition law. That's the European term for antitrust law. So that's actually a perfect segue into our next segment. And Jose Esteves, to my right, is going to be speaking to us on antitrust law. Jose is a partner at Skadden, Arps, Meagher & Flom-- and my old colleague-- in its New York office, where he focuses ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: So now we're going to switch gears a little bit. Are you going first? Are you doing the panel? CLIFFORD ALLEN: Adam's going to go first, then I'll go second. JOSEPH YANG: OK. Certainly welcome to sit up here as well. CLIFFORD ALLEN: OK. JOSEPH YANG: We're now going to talk about open source licensing, and we have two panelists joining us. To my far right is Clifford Allen. Cliff is a senior attorney at Microsoft, where he's the lead ...

Recorded on: Dec. 12, 2012

JOSEPH LANG: At this point I'd like to introduce Cydney Tune. Cydney is the first of our two sort of content and entertainment related speakers. And Cydney is counsel at Pillsbury's San Francisco office and leads the firm's copyright, media and entertainment practice in the industry team. The Daily Journal's name Cydney one of 2008's top 10 copyright lawyers in California and listed her among California's top 25 portfolio managers, prosecutors, and ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: Hello, and welcome back to the afternoon session of the second day. Joining us for the session on Drafting Tips for Litigation is Ira Levy, who's a partner at Goodwin Proctor, out of their New York office. Ira specializes in IP Litigation involving patents, trademarks, copyrights, false advertising, and unfair competition. He's tried multiple cases to verdict, including having argued a number of cases to the Court of Appeals for the ...

Recorded on: Dec. 12, 2012

JOSEPH YANG: For this segment, it's the agreement that the panel's going to using for the mock negotiation. It is outside on the table. Everybody have the handout? Good. JOHN ELOVSON: Not to be relied on in real practice. [LAUGHTER] JOSEPH YANG: So welcome back. This is the last session of our two days, and we've saved the most interactive part toward last. This is a mock negotiation of a license agreement, and I'm delighted to introduce our panel ...

Recorded on: Dec. 6, 2012

LAWRENCE ROSEN: Well, let me introduce two people that told me, after I invited them, that they really don't know that much about open source. But they do know a lot about open standards. And one of the things that I was particularly anxious to get a presentation on this year is about the relationship between the standards organizations that mostly worry about patents, although they ought to think about copyrights as well, and open source, and the ...

Recorded on: Dec. 6, 2012

LARRY ROSEN: Good afternoon everyone. I welcome you back for the second half of our program on open source and free software. I'd like to introduce this afternoon two people who are going to talk to you about ethics. And if last year's and the previous year's presentations are an example, I think you'll find this interesting, challenging, and quite useful for the practice that you're going to be doing with open source and with engineers. So let me ...

Recorded on: Dec. 6, 2012

LARRY ROSEN: PLI tells me I have an obligation to keep us precisely on time, to the minute. So, can I have a cane to pull people off if they go long? OK, welcome back after the break. I wanted to introduce the two speakers for our final presentation of the morning, but before I do that, let me preliminarily give you a clue as to who's going to be speaking this afternoon to make sure that you come back for that, because there are some really important ...

Recorded on: Dec. 6, 2012

LAWRENCE ROSEN: Welcome back everyone. We have one more presentation this afternoon, and this time, even though I've asked questions on the previous ones, I'm going to sit-in on this one and perhaps even more vocal. Particularly when I hear something I disagree with. But I want to introduce two really wonderful attorneys and really experts in the field of open source. Karen Copenhaver I've known for god knows how many years now. She is a partner ...

Recorded on: Dec. 6, 2012

LAWRENCE ROSEN: What an excellent introduction to our next talk. Clearly now that we understand what the licenses are available, and what the issues are with those licenses, we need to understand what companies need to do to minimize their risks, and to analyze what they're doing. And so we've brought along two people, let me briefly introduce them. They're welcomed to say what they want about themselves, as well. Daniel Berlin is from Google, and ...

Recorded on: Dec. 6, 2012

SPEAKER 1: It's now my pleasure to introduce the chair of today's program, Lawrence Rosen. Larry's both an attorney and a computer specialist. He's founding partner of Rosenlaw & Einschlag, a technology law firm that specializes in intellectual property protection, licensing, and business transactions for technology companies. He often publishers and speaks around the world on open source and intellectual property issues. And it's my pleasure ...

Recorded on: Nov. 28, 2012

BRUCE P. KELLER: Welcome back, everybody. We are now going to turn to what I like to refer to as the entertainment portion of the program, on intellectual property law. And I think what I'll do first is simply briefly introduce Mary, who is reprising her role as the speaker, and will take us through a tour of some of the interesting cases that have evolved since last time we met. Mary, a 23-year veteran at Microsoft, leads the work of over 200 lawyers ...

Recorded on: Nov. 28, 2012

JEFFREY P. CUNARD: Welcome back to the last panel of the first day. And now for something really special and different. So for those of you who were here this morning, you heard me talk about how we've been doing this for first 35 years with Jim Goodale, and then for the next five years with Lee Bruce and myself. But what we've never done before, as we move into the 21st century, is have a panel on social media. So we thought we would try that this ...

Recorded on: Nov. 14, 2012

REED FREEMAN: All right. I think we're ready to get started again. That all right? All right. Well, welcome back from lunch, and nothing is a better post-lunch topic of discussion than European privacy law. This is a test. If you can remain attentive through this, we'll all be very impressed. We are fortunate and really, actually, quite fortunate to have two of the world's experts on privacy law and the European Union and in Canada as it relates ...

Recorded on: Nov. 14, 2012

REED FREEMAN: Well, welcome back. And we are on the home stretch here. But another benefit of being the chair of a program is other than only having to speak for half of a session, which is great, is you get to decide the order of the program. And we intentionally had this last. Not just because it made sense and was kind of tying together everything we've talked about today, but because it's just a really spectacular panel. And this is based on the ...

Recorded on: Nov. 14, 2012

D. REED FREEDMAN, JR: We are next going to be joined by-- one of the pleasures of getting to chair a program at PLI is that you get an opportunity to invite some of the real leaders in the bar worldwide to present to the audience. And in a lot of cases, particularly today, you get to invite some of your good friends as well, and they say, yes, which is especially pleasing to me. And so with that introduction, let me please introduce you to my friend ...

Recorded on: Nov. 14, 2012

REED FREEMAN: We are ready to move on to class action risk. This is a one hour presentation that will be followed by the most productive part of the day, which will be lunch. I'm delighted again this year to be joined by my partner and friend, Dave McDowell of Morrison Foerster. Dave is a member and a former co-chair of Morrison Foerster's Consumer Litigation and Class Action practice group. He's defended about a million putative class action claims ...