2023 Spring Meeting
In This Section
Over 400 intellectual property practitioners joined AIPLA in Seattle for the 2023 Spring Meeting for three days of CLE, networking, and celebration. We were joined by USPTO Director Kathi Vidal, who addressed a wide range of issues from the recent ANPRM and harmonization, to DOCX, the patent Pro Bono Program, and more. Executive Vice President and General Counsel for the Seattle Kraken, Lance Lopes, and former Vice President and Chief Litigation Counsel at Apple, Noreen Krall, were our keynote luncheon speakers. Our top-notch CLE sessions covered hot topics in IP, including diversity in the wine industry, fair use in filmmaking, non-competition covenants in the age of remote and hybrid work, trademark and the use of AI tools, and more.
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Brian H. Batzli
Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, Kathi Vidal, addressed AIPLA’s 2023 Spring Meeting in Seattle.
The Spring Meeting’s Diversity Plenary showcased the Washington State wine industry and barriers to inclusion that exist for minority winemakers. The plenary was moderated by Elizabeth Dougherty, the Eastern Regional Outreach Director for the U.S. Patent and Trademark Office, and featured three experts in the industry, Melissa Hansen, who serves as the Research Program Director for Washington State Wine; Katja Loeffelholz, an IP Attorney at Dickenson Peatman & Fogarty in Napa, CA; and Phil Long, the Founder and Winemaker at Longevity Wines, and President of the Association of African American Vintners.
Hansen opened by painting a picture of the current state of the wine industry in Washington. She noted that 90% of wineries in the state are small, family-owned businesses, and that much of the focus at Washington State Wine is around research, be it sustainable pet control, climate change, water usage, or recycling.
Loeffelholz walked the group through the intellectual property ramifications and requirements for producing wine, explaining that trademarks, copyrights, trade dress, and design patents all play a role in bottling wine. A winemaker must seek trademark protection for the brand name, vineyard designation, tagline or slogan, and certification and service marks. Loeffelholz noted that wineries will often hire an independent contractor to design the label and bottle, and while the winery has a license to use the copyrighted design on the bottle, the intricacies of copyright law come into play if the winery wants to produce branded merchandise, such as a t-shirt or hat.
Long closed noting the importance of IP in the business, stating that, had he not done the “correct things with IP, I wouldn't be here today doing what I do.” Long then put his product and expertise on display with a wine tasting during the Diversity Committee’s business meeting.
The takeaway from the ethics plenary- be a good, upstanding practitioner who abides by the morals and ethics of law and practice before the U.S. Patent and Trademark Office. Dahlia George from the Office of Enrollment and Discipline (OED) at the USPTO, and Judge Jacqueline Wright Bonilla of the PTAB outlined requirements for ethical practice before the USPTO and PTAB and the consequences for failure to do so.
George opened by explaining what constitutes practice of law before the PTAB and the mission of the OED, which is to not to go after practitioners for every misdemeanor or infraction, a point she emphasized throughout the hour. The goal of OED in George’s words is about “protecting the profession and the public,” because if you have a practitioner who isn't up to snuff, the public gets hurt.” On how an investigation gets opened, George explained that most complaints come to them externally, meaning the OED is not on a witch hunt for unethical practitioners. Most cases, she explained, come from opposing counsel, clients, or from within the subject's firm. Investigations begin with a Request for Information (RFI)- something George cautioned against ignoring because it allows for fact gathering from all sides. Many complaints either go away after examination or the subject will receive a confidential warning. Only serious misconduct results in going before a panel. George also noted the high standard of proof the OED must provide- clear and convincing, and cases face a one-year statute of limitations, per the AIA.
George also touched on the OED Diversion Pilot Program, noting that rehabilitation is always the first step for someone coming before the OED.
Upcoming Events
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World IP Day 2024
May 1, 2024 4:00 PM to 7:00 PM
Join AIPLA and partner organizations on May 1 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2024. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and the SDGs: Building Our Common Future With Innovation and Creativity.” -
17th Annual Design Day
May 9, 2024 10:00 AM to 5:00 PM
Join us for an in-person or virtual day of lively and thought-provoking discussion about various aspects of design patents, hosted at the United States Patent and Trademark Office (USPTO). Get insights from USPTO design managers, design patent practitioners, and industrial designers. No CLE credit is offered for attendance. -
2024 Advanced Chemical Patent Practice Institute
May 14 to 15, 2024
This advanced course is designed for patent attorneys and patent agents actively practicing in the chemical and related arts and will be presented from both prosecution and litigation perspectives and equips practitioners to prepare and prosecute patent applications, withstand challenges from PTAB and district courts, including such hot button issues as advanced claim drafting, claim construction, written description, enablement, and legislative proposals. Attendees will be armed with strategies and best practices to maximize the scope of patent protection while minimizing challenges to the validity and enforceability of the patents. The program also offers information that will assist in client counseling and making strategic portfolio and business decisions. -
2024 Spring Meeting - Austin, TX
May 16 to 18, 2024
Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2024 Spring meeting will take place in downtown Austin, at the Hilton Austin. Leadership Meetings on Wednesday, May 15. Programming scheduled May 16-18. -
2024 Legal Secretaries & Administrators Conference
May 21 to 22, 2024
It can be hard to stay on top of the latest news, procedures, and tools. The Legal Secretaries and Administrators conference can assist. This conference is designed for paralegals, administrators, and other office specialists to hear directly from the United States Patent and Trademark Office (USPTO). This two-day virtual program provides a comprehensive overview of new features and services, best practices for streamlining procedures, and opportunities to ask questions and hear directly from the USPTO.