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Thursday Daily Schedule

​7:30-9:30 am 
Continental Breakfast​ Sunset Court, Second Floor ​
​7:30 am-5:30 pm​ Registration, Exhibits, CLE Information Booth, Cyber Café and Technology Center ​ ​Sunset Court, Second Floor ​
​7:30 am-5:30 pm​​

Spouse/Guest Hospitality Suite

State Suite #238​
​8:00-9:00 am Committee Meetings
​8:00-9:00 am​
Electronic and Computer Law (Committee Members Only)​
Marina, Second Floor
​8:00-9:00 am​
Fellows
Mendocino, Second Floor
8:00-9:00 am​​
International Trade Commission

The committee focus will be on three issues: (1) finalizing the agenda for the committee’s educational program at AIPLA’s Annual Meeting; (2) discussion regarding proposed CBP inter partes procedures; and (3) providing comments regarding proposed CIT legislation, in conjunction with ITCTLA. The committee will also discuss ways it can assist the ITC and CBP in the upcoming year.

California Parlor, Second Floor
8:00-9:00 am​​
IP Law Associations (Committee Members Only)
Napa, Second Floor
8:00-9:00 am​​
Professional Programs

The committee will meet to discuss planning issues and committee business, including status of speaker selection, topics and titles for the 2011 AIPLA Annual Meeting.

Sea Cliff, Second Floor
8:00-9:00 am​​​
Professionalism and Ethics (Committee Members Only)
Sonoma,
Second Floor
8:00-9:00 am​​
Special Committee on Genetic Resources, Traditional Knowledge,

and Folklore

We will discuss the upcoming 2011 Annual Meeting and our tentative plans of having a two-hour joint meeting to regard the global treatment of genetic resources in both law and practice.

Telegraph Hill, Second Floor
8:00-9:00 am​​
Trademark Leadership Group
Presidio, Second Floor
8:00-9:00 am​​
US Bar/JPO Liaison Council (Council Members Only)

The Council will meet to make final plans for meeting with JPO in early June in Tokyo.

Pacific Heights, Second Floor
​8:00-12:00 noon 
​Board of Directors Meeting ​Twin Peaks, Second Floor
​9:00 am-1:00 pm ​Spouse/Guest Tour:  Alcatraz: Experience "The Rock" Meet at the Jessie St. Palace Hotel Entrance at 8:45 am.​
Morning Tracks​:  9:00 am-12:00 noon ​   ​

​Track 1

Download MP3 for this track.

Get Microsoft SilverlightDetermining, Demonstrating and Defending Patent Damages: Developments, Do’s and Don’ts
Determining, Demonstrating and Defending Patent Damages:  Developments, Do’s and Don’ts 
Moderator: David P. Ruschke, Medtronic CardioVascular, Santa Rosa, CA​ (Bio)
 
Patent Damages 101 – A Refresher Course
Amy L. Landers, McGeorge Law School University of the Pacific, Sacramento, CA (Bio, Paper)
 
​Selecting the Right Expert to Put on (or Poke Holes in) the Patentee’s Case
Philip Green, Hoffman Alvary & Company, LLC, Newton, MA (Bio, Green_Thackray_paper.pdfGreen_Thackray_paper.pdf)
 
Gillian Thackray, Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, CA (Paper)
 
The Royal Flush: Recent Developments Concerning Royalties and the Entire Market Rule
Victoria Maroulis, Quinn Emanuel Urquhart & Sullivan, LLP, Redwood Shores, CA (Bio, Paper)
 
Jan M. Conlin, Robins Kaplan Miller & Ciresi, LLP, Minneapolis, MN (Bio, Paper)
 
Good to the Last Drop: Squeezing the Most from Damage Awards
Wei Wei Jeang, Andrews Kurth, LLP, Dallas, TX (Bio, Paper)
 
Keep Your Winnings:  Preserving Your Damage Award on Appeal
Michael Ladra, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA (Paper)
 
Now You See It, Now You Don't: The Disappearing Damages Legislation Reform Trick
Richard Cauley, Wang Hartmann Gibbs & Cauley, PLC, Mountain View, CA (Bio)
 
From the Trenches:  Lessons Learned and Best Practices
Panel Discussion
​Concert Ballroom, Lobby Level

​Track 2

Click here to download the MP3 for this track.

Get Microsoft SilverlightNavigating the USPTO: Best Practices for Effective Patent Prosecution
Navigating the USPTO: Best Practices for Effective Patent Prosecution
Moderator: Yasser M. El-Gamal, Dickstein Shapiro, LLP, Los Angeles, CA 
 
Streamlining and Expediting the Patent Examination Process: Taking Advantage of New USPTO Rules and Programs to Manage Costs, Improve Quality and Reduce Pendency
 
Effective Examiner Interviews
Ernest Beffel, Haynes Beffel & Wolfeld, LLP, Half Moon Bay, CA (Paper)
 
Accelerated and Track 1 Examination
Thomas A. Ward, Fliesler Meyer, LLP, San Francisco, CA (Bio, Paper) 
 
Eeny, Meeny, Miny, MOVE! – Taking the Guess Work Out of Selecting From the Plethora of Accelerated Patent Prosecution Options​
​​Paul Kitch, Nixon Peabody, LLP, Chicago, IL (Paper)
 
Recent and Upcoming Cases Affecting Patent Prosecution
Carl Moy, William Mitchell College of Law, Saint Paul, MN​
 
Inequitable Conduct and Other Ethics Issues Facing Prosecutors
 
Making Sense of Therasense
Thomas L. Irving, Finnegan Henderson Farabow Garrett & Dunner, LLP, Washington, DC (Bio, Paper)
 
Subject Matter Conflicts from the In-House Perspective​
​Erik M. Metzger, Intel Corporation, Santa Clara, CA (Paper)
​Rose Ballroom, Lobby Level
​Track 3
​Copyright and Trademark Law:  Current Trends in Secondary Liability and a Best Practices Primer for the In-House Trademark Lawyer 
Moderator: Jonathan Hudis, Oblon Spivak McClelland Maier and Neustadt, LLP, Alexandria, VA  
 
Secondary Liability in Trademark and Copyright and the Aftermath of Costco​
 
Secondary Liability in Trademarks
Jefferson F. Scher, Carr & Ferrell, LLP, Menlo Park, CA  (Bio, Paper)
 
Secondary Liability in Copyright
Nancy J. Mertzel, Donovan & Yee, LLP, New York, NY (Bio, Paper)
 
Costco Redux: Why Both Sides Got it Wrong
Kevin Tottis, Law Offices of Kevin Tottis, Chicago, IL (Bio, PaperPaper 1, Paper 2. Paper 3, Paper 4, Slides)
 
Best Practices for the In-House Trademark Practitioner
 
In-House Trademark Counsel - A Day in the Life
Dan Poliak, Adobe Systems Incorporated, Seattle, WA  (Bio, Paper
 
Managing the In-House/Outside Counsel Relationship
Christopher Chaudoir, Chevron Corporation, San Ramon, CA (Bio, Paper)
 
Managing Your Brand in the Cost Conscious Environment
Patrick M. Flaherty, Verizon Corporate Services Corp., Arlington, VA  (Bio, Paper)
 
​Ralston Room, Lobby Level
​12:00 noon-
12:30 pm
​Lunch Reception (Open to all attendees)
Sponsored by: 
 
​Regency Foyer, Lobby Level
​12:30-2:00 pm
​Thursday Luncheon (Tickets required)
Veta Richardson (Bio)
Executive Director
Minority Corporate Counsel Association
​Gold Ballroom, Lobby Level
​Afternoon Tracks 2:00-3:30 pm
​Track 1

What’s in a Name and What’s in the Bottle?—Appellations of Origin and AVAs in Relation to Trademarks in the Wine Industry
Moderator: Robert H. Sloss, Oracle Corporation, Redwood Shores, CA

What is an AVA and What Does the Wine Market Tell Us About AVAs?
Ray Johnson, Wine Business Institute at Sonoma State, Rohnert Park, CA  (Bio, Paper, Slides)

US Regulation of Geographic Names for Wine
Jay M. Behmke, Carle Mackie Power & Ross, LLP, Santa Rosa, CA (Bio, Paper, Slides)

Appellations of Origin: A European View
Jérôme Agostini, Comité National des Interprofessions des Vins à Appellation d’Origine (CNIV), Paris, France (Bio, Paper, Paper2, Slides)

Panel Discussion: How Should Geographic Names Be Protected? 

Concert, Lobby Level
​Track 2
Mock Hearing on Unsettled Issues of Pleading, Jurisdiction, and Venue That Can Hurt Your Case (Featuring US District Judge Jeremy Fogel)
Moderator: Robert Payne, LaRiviere Grubman & Payne, LLP, Monterey, CA
 
Speakers:
The Honorable Jeremy Fogel, United States District Court for the Northern District of California, San Jose, CA (Bio, Paper)
Bobbie Wilson, Perkins Coie, San Francisco, CA (Bio)
Ragesh Tangri , Durie Tangri, San Francisco, CA
Karen Boyd, Turner Boyd, Mountain View, CA
James Pistorino, Perkins Coie, East Palo Alto, CA
 
Following this track, the Patent Litigation/Trademark Litigation Committees will meet.  Click here for more information. 
​Rose, Lobby Level
Track 3
Patent Licensing Post Quanta and Transcore—Floating on Quicksand
Moderator: Naomi Abe Voegtli, SAP, Palo Alto, CA
Overview of Quanta and Transcore
Nainesh Shah, STMicroelectronics, Coppell, TX (Bio, Paper)
 
Specific Tips for Patent Licenses in General
JoAnna M. Esty, Lewis Brisbois Bisgaard & Smith, LLP, Los Angeles, CA (Bio,Paper)
 
Impact of These Cases on Standards Related Patent Licenses and OSS Licenses
Pryor Garnett, IBM Corporation, Beaverton, OR
 
Sarah Guichard, Research in Motion, Irving, TX (Bio)
 ​
​Ralston, Lobby Level
Committee Educational Sessions 3:30 - 5:30 pm ​  ​  ​
Electronic and Computer Law/Special Committee on Standards and Open Source 
(Joint Session)
(120 minutes of CLE requested)​
Moderator: Paik Saber, IBM Asia Pacific, San Jose, CA (Bio)
 
Advanced Topics in Open Source Software: Business Models, Deal Due Diligence and Patent Licensing and Litigation
 
OSS Business Models
McCoy Smith, Intel Corporation, Hillsboro, OR (Bio, Paper)
 
OSS Transactional Due Diligence I
Michael Atlass, Qualcomm Inc., San Diego, CA (Bio, Paper)
 
OSS Transactional Due Diligence II
Christopher Palestro, Hewlett-Packard Company, Berkeley Heights, NJ  (Bio, Paper)
 
Patent Licensing Issues in OSS
Michele Herman, Davis Wright Tremaine, LLP, Seattle, WA (Paper)
 
Litigation in OSS
Heather Meeker, Greenberg Traurig, LLP, East Palo Alto, CA (Bio, Paper)
Seacliff, Second Floor
International and Foreign Law/Patent Agents/Patent Cooperation Treaty Issues/Patent-Relations with the USPTO
(Joint Session)
(80 minutes of CLE requested)​
PCT and Related Patent Practice Issues
Moderator: Rick Neifeld, Neifeld IP Law, PC, Alexandria, VA
 
Patent Cooperation Treaty Updates from the USPTO
Michael Neas, United States Patent & Trademark Office, Alexandria, VA (Bio, Paper, Slides)
 
PCT Developments
Matthew R. Bryan, WIPO, Geneva, Switzerland (Bio, Paper)
 
Law Firm Patent Practice Issues
Esther Kepplinger, Wilson Sonsini Goodrich & Rosati, Washington, DC (Bio, PaperSlides)
 
Panel Discussion
 
Brief Committee Report, PCT Issues
 
Brief Committee Report, International and Foreign Law
Concert Ballroom, Lobby Level
Education/Special Committee on the FDA 
(Joint Session)
(120 minutes of CLE requested)
Moderator: Stephen B. Parker, Westerman Hattori Daniels & Adrian, LLP, Washington, DC (Slides)
 
Intellectual Property Issues Confronted by Medical Device Companies
 
Discussion of Laws Worldwide
Bruce Sunstein, Sunstein Kann Murphy & Timbers, LLP, Boston, MA (Bio, Paper, Slides)
 
Robin Browne, Hepworth Browne, Leeds, United Kingdom (Slides)
 
Adrian Zahl, Ridout Maybee, Ottawa, Ontario, Canada (Slides)
 
Discussion of Corporate Issues
Deborah Kessler, BioGuidance, LLC, Bellevue, WA
Tyler Nsaiedlak, Boston Scientific, St. Paul, MN
David P. Ruschke, Medtronic CardioVascular, Santa Rosa, CA (Bio)
 
Discussion of Regulatory Issues
AnnaMarie Daniels, Regulatory & Clinical Research Institute, Inc., Minneapolis, MN (Paper, Slides)
 
Hathaway Russell, Foley Hoag, LLP, Boston, MA
Ralston Room, Lobby Level
​3:30-5:30 pm​ Committee Meetings​
3:30-4:30 pm​
Alternative Dispute Resolution (ADR)
The committee will meet for a substantive meeting with invited speakers. Those speakers are:  Sean SeLegue, Howard Rice (San Francisco, CA); David Gauntlett, Gauntlett & Associates (Irvine, CA); and Anthony K. Greene, Herbert L. Jamison & Co., LLC (West Orange, NJ).  The topics these speakers will address include:  
(1) The 21st Century Meets the 19th Century: Avoiding unauthorized practice of law in jurisdictions in which an attorney is not admitted;
(2) Ethics in Negotiation (To Puff or Not to Puff?); and
(3) What are "suits" that trigger insurance coverage under a commercial general liability policy — ADR proceedings (e.g., mediation, arbitration)?
Twin Peaks South, Second Floor
3:30-4:30 pm​​
Diversity in IP Law
The committee will conduct a general committee meeting that will focus on our plans for the upcoming Annual Meeting and the remainder of the year. We want to create a reasonable schedule of events and activities that further the goals of the committee. Further, we will solicit volunteers to spearhead the various events and activities that we would like to plan.
Sonoma,
Second Floor
3:30-4:30 pm​​
IP Practice in the Far East
Napa,
Second Floor
3:30-4:30 pm​​
Public Education

We will continue to develop and refine its mission of communicating a message to the public about the long term benefits of patents, trademarks, copyrights and other intellectual property. The mission of this committee remains one of advocacy, to educate the public on the benefits and value of intellectual property through greater understanding of its meaning, and to promote cooperation on this effort with the rest of the IP community. In an effort to present this message cooperatively with other AIPLA committees, this committee was pleased to be part of two different presentations that were enthusiastically received at the Mid-Winter Meeting - one was with the Biotechnology Committee to provide a panel and roundtable discussion regarding how to communicate with laypersons about gene patents – the other was with the Patent Law, Patent-Relations with the USPTO, Education, and Patent Agents committees and geared toward the school-aged children in the audience, encouraging participation and teaching the importance of innovation and how it is protected by intellectual property rights. Sample presentations, as well as activity sheets, remain available on the Public Education Committee’s Creativity in Bloom website (http://www.creativityinbloom.org/). In addition, we have been invited to make a presentation for the librarians of the Patent and Trademark Depository Libraries in April at the USPTO as part of their public outreach on matters involving intellectual property. Finally, in an effort to duplicate the success of last year’s Joint Hill Day Event on World IP Day, and to further cooperation with other organizations, the committee on behalf of AIPLA, is planning to work with WIPO and the USPTO, to again present a program to Members of Congress in May 2011. We have many volunteers to thank for all of their ongoing contributions to committee’s many projects, in particular on the ongoing creativityinbloom site, and we continue to implement initiatives that educate the public about the value of intellectual property and respond to the press, as well as encourage IP education by our members in the schools. We invite the participation of anyone interested in furthering the goals of this committee.

Monterey,
Second Floor
3:30-5:30 pm​​​
Antitrust Law/Corporate Practice/Licensing and Management of IP Assets
(Joint Meeting)

The committees will present speakers to address current issues of interest. Specifically, speakers will address the recent petition for certiorari to the Supreme Court in the Princo case; developments relating to reverse payment litigation and legislation; and developments relating to antitrust enforcers’ focus on intellectual property, including with regard to the recently issued FTC IP Report and the EC’s Horizontal Collaborators Guidelines.

Pacific Heights,
Second Floor
3:30-5:30 pm​​​​
Biotechnology/Emerging Technologies/Patent Law
(Joint Meeting)

The topic of the joint committee meeting will be 35 U.S.C. § 112. Ken Nigon of RatnerPrestia will present on 35 U.S.C. § 112 as it applies to electronics and computer inventions. Mr. Nigon’s presentation will cover recent cases in Best Mode, Enablement, Written Description and Definiteness and the 112 guidelines issued by the USPTO on February 9, 2011. He will also discuss the implications of KSR, Ariad and Bilski on how patent specifications are drafted. Amy Hamilton of Eli Lilly and Company will give the bio/chem perspective, with an emphasis on the implications of the recent Ariad and Centocor cases on the burgeoning field of antibody therapeutics.

Twin Peaks North,
Second Floor
3:30-5:30 pm​​​​
Law Practice Management/Membership
(Joint Meeting and Solo Practitioner/Small Firm Reception)

Please join the committees for an interactive program on starting, managing, and growing an intellectual property law firm. The session will include a panel discussion regarding tools needed to start a practice, alternative fee arrangements with clients and collaborative agreements with other attorneys. We will also hold the biannual Solo Practitioner/Small Firm Reception, sponsored by Jameson IP Services, immediately after the panel discussion.

 
Solo Practitioner/Small Firm Reception sponsored by
French Parlor,
Second Floor
3:30-5:30 pm​​​​
Patent Litigation/Trademark Litigation (Joint Meeting)

The committees will present a panel of speakers to address current "hot topics" involving antitrust and intellectual property issues. The topics will specifically include current developments in connection with the Princo case, including the recent petition for certiorari to the Supreme Court; developments relating to reverse payment litigation and legislation; and developments relating to antitrust enforcers’ focus on intellectual property, including with regard to the recently issued FTC IP Reprot, The Evolving IP Marketplace, and the EC’s recently issued Horizontal Collaborators Guidelines.

 
The panelists will be:
  • Roy Hoffinger, Vice President, Legal Counsel, Qualcomm, Inc.
  • Naomi Voegtli, Vice President, Global Intellectual Property Strategy and Standards, SAP
  • George Gordon, Partner, Dechert, LLP
 
Rose Ballroom,
First Floor
3:30-5:30 pm​​​​
Trademark Law/Young Lawyers (Joint Meeting)

We will have a joint session on brief writing. Our distinguished panelists will discuss key elements of a successful brief at the District Court and Appellate Court levels, at the USPTO for re-examination and appeals, and at the Trademark Trial and Appeals Board for oppositions and cancellations.  The panelists will also identify common elements and differences between the briefs submitted to the different tribunals. All are welcome to attend.

Presidio,
Second Floor
4:30-5:30 pm​​​​​
Anti-Counterfeiting and Anti-Piracy/Copyright Law (Joint Meeting)

We will hold a roundtable discussion regarding legislation, the latest case-law decisions and pending litigation in the areas of online trademark and copyright infringement.

Twin Peaks South, Second Floor
4:30-5:30 pm​​​​​​
Online Programs

The committee will be reporting the results of completed online programs as well as developing and finalizing online programs for the second half of 2011. Ways in which the committee can perform lower cost programs in conjunction with other committees through our vendor Citrix will be explored. The committee appreciates the recent volunteers for coordinating programs and is seeking additional Program Coordinators to help with developing and overseeing the growing amount of content being provided online.

Sonoma,
Second Floor
4:30-5:30 pm​​​​​​
Special Committee on IP Practice in China

The committee will meet to discuss general committee business, including (1) planning for the Annual Meeting, (2) planning for a delegation to China, and (3) new IP developments in China. All are welcome to attend.

Napa,
Second Floor
4:30-5:30 pm​​​​​​
USPTO Inter Partes Patent Proceedings
Marina,
Second Floor
5:30-6:30 pm​

New Member/First-Time Attendee Reception

AIPLA President David Hill will host a special reception for all Spring Meeting attendees who participate in our Member-get-a-Member Campaign or are attending an AIPLA meeting for the first time.  The Officers and Board of Directors of the Association will be there to welcome and thank you for your recruiting efforts.

 

Recruit new members and save on your meeting registration fees:
  • Save $50 for each Regular, Patent Agent-Regular or Foreign Affiliate member recruited
  • Save $25 for each Junior, Patent Agent-Junior member recruited
  • Save $10 for each Student, Government, or USPTO Professional member recruited
 

To take advantage of this reduction in your registration, each new member must join using the special Member-Get-a-Member application.  Submit a copy of their new member application with your mailed or faxed meeting registration and take the discount directly on the registration form.  As new members, your recruits can attend the meeting at the member rates which provides a discount ranging from $320 to $670.  Each new member attending the meeting, and the member who recruited them will receive a special invitation to attend the reception.

 
Sponsored by:
 
 

 

 

French Parlor, Second Floor
7:00-8:30 pm​

Opening Night Reception "Streets of San Francisco"

(Tickets required)

 

 

Co-sponsored by:
 


 

 

Gold Ballroom, Lobby Level​