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Why You Should Attend:
IP Discussions with Joshua Simmons is a series of conversations hosted by nationally recognized intellectual property litigator, Joshua Simmons. Each month, Josh is joined by a panel of IP luminaries, leading scholars, and industry insiders. Together, they examine major topics and events in a civil, roundtable format.
The U.S. Constitution gives Congress the power to promote progress through intellectual property laws. Since the inception of the United States, Congress has done so through federal statutes that the Supreme Court has recognized balance the need to encourage innovation and the creation of new works and the avoidance of monopolies over them. It must determine not only what is protected, but also what is free for all to use. As a result, state regulation of intellectual property sometimes must yield to the federal statutes when it clashes with the balance struck by Congress. Likewise, the Supreme Court has at times held that federal statutes must be construed to avoid misuse or overextension into patent or copyright law.
What You Will Learn:
- What are the statutory and common law preemption doctrines?
- When do federal and state law claims conflict with other intellectual property disciplines?
- Why have courts allowed claims to proceed despite the preemption doctrines?
Who Should Attend:
IP lawyers and practitioners confronting preemption issues should find this program to be informative.
PLI’s Studio Briefings are on-demand video CLE programs that feature an intimate and engaging round table discussion format with legal and industry experts addressing a range of topics. Visit our landing page for our library of PLI Studio Briefings.