Continuing Legal Education (CLE)
AIPLA CLE Webinar: The Experimental Use Defense to Patent Infringement in the U.S. and Canada
September 23, 2020 12:30 PM to 2:00 PM
1.5 CLE Credits
Throughout history, most scientific innovations have been made possible by building upon the prior discoveries of others, a reality that was perhaps most famously encapsulated in the words of Sir Isaac Newton: “If I have seen further it is by standing on the shoulders of giants.” But what if those giants have giant patent portfolios, and don’t particularly like the idea of their competitors climbing up their backs to admire the view? To what extent can researchers make or use a patented invention for the purpose of scientific research or experimentation, without the patentee’s consent? This webinar explores the current boundaries between fair game and patent infringement, in the context of both the experimental use exception to infringement at common law, and the statutory exceptions that permit certain activities for parties seeking regulatory approval to market their products, in both the United States and Canada.
Presented by: Stephen Ferance of Carbon Patent Group and Stephen Larson of Knobbe Martens
In response to Covid-19, AIPLA has put in-place a new process for Multiple Attendee Site registrations that allows each site registrant to participate in the webinar independently.
Special rate for AIPLA SOLO PRACTICE/SMALL FIRM MEMBERS: $65
Special rate for AIPLA STUDENT MEMBERS: $10
- For multiple-attendee sites, each registered participant will receive individual logins due to Covid-19 social distancing requirements.
- CLE certification/processing for applicable states. Reference CLE Information below for complete details.
- Webinar materials, including complete CLE processing information, accessible 24-48 hours before webinar date.
To get full refund, registrant must request refund five (5) days prior to live event. If less than five (5) days, registrant is transferred to product.
Webinar access is compatible with any Windows 7 or later computer, Android OS devices, or Apple/iOS devices. Check system compatibility here.
Accessibility for hearing impaired:
AIPLA’s webinars are available and accessible to individuals who are hearing impaired. If anyone at your location would like to know more about accommodations, please contact email@example.com. We ask that you let us know at least 7 business days out from the webinar, to ensure that we can identify and deploy the solution that best fits our registrants needs.
AIPLA is a pre-approved CLE provider with the following states:
- New Hampshire
- New Mexico
- New York
AIPLA has applied for CLE accreditation in the following states:
ATTENTION attorneys in Louisiana, Ohio, Pennsylvania and Utah
These states mandate attorneys can only view a webinar independently at their own computer to receive CLE credit. Multiple attendees prohibited.
ATTENTION attorneys in Arizona
Arizona does not certify courses or providers. Arizona lawyers are required to independently review AZ's regulations and make their own determination that it qualifies for credit towards their MCLE requirements. MCLE Regulation 104(A) identifies the standards to apply. AIPLA will email an attendance affidavit to registrants requesting AZ CLE credit after the webinar.
ATTENTION attorneys in New Hampshire
New Hampshire attendees must self-determine whether a program is eligible for credit, and self-report their attendance according to NH Supreme Court Rule 53. The New Hampshire Minimum Continuing Legal Education (NHMCLE) Board does not approve or accredit CLE activities for the NH Minimum CLE requirement. AIPLA will email an attendance affidavit to registrants requesting NH CLE credit after the webinar.
Disclaimer: AIPLA is a nonprofit national bar association. The sole purpose of this CLE program is to provide educational and informational content. AIPLA does not provide legal services or advice. The opinions, views and other statements expressed by contributors to this CLE program are solely those of the contributors. These opinions, views and statements of the contributors do not necessarily represent those of AIPLA and should not be construed as such.
USPTO fee changes effective October 2, 2020
September 22, 2020The USPTO published a Final Rule on August 3, 2020 in a Federal Register Notice, announcing fee changes that take effect October 2, 2020. The Final Rule includes an approximate 5-10% increase to most fees impacted by the rule, with some larger increases, notably in issue and maintenance fees, maintenance late fees, and PTAB fees. Four fees were discontinued.
Shira Perlmutter Is Named Register of Copyrights
September 22, 2020AIPLA congratulates Shira Perlmutter on her appointment as the 14th Register of Copyrights. Her extensive experience in intellectual property law will be a tremendous benefit to the Office.
Employees’ Access to Files Thwarts Claim Under Anti-Hacking Law
September 11, 2020The US Court of Appeals for the Sixth Circuit on September 9, 2020, held that two former Royal Truck & Trailer Sales & Service Inc. employees didn’t violate the anti-hacking Computer Fraud and Abuse Act by forwarding and misusing confidential company information because they had permission to access it.
‘Jersey Boys’ Makers Defeat Copyright Claims at Ninth Circuit
September 9, 2020The US Court of Appeals for the Ninth Circuit on September 8, 2020, held that the musical “Jersey Boys” doesn’t infringe the copyright in a Four Seasons band member’s autobiography because any similarities between the works are based on historical facts.
Beauty Sales Rep Misled CVS Vendor Over Trademark, Court Affirms
September 8, 2020The US Court of Appeals for the Seventh Circuit on August 31, 2020, held that a beauty and personal care sales rep deceived a CVS Pharmacy distributor about her rights to use Carol’s Express as a trademark. Beauty Enters. v. Gregory, 2020 BL 328390, 7th Cir., No. 19-3491, 8/28/20.