nc bar ip section annual meeting

7/25/2019 NC Bar IP Section Annual Meeting

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2016 Intellectual Property LawSection Annual Meeting

Intellectual Property Law

Planned by the NCBA Intellectual Property Law Section

SUMMARY Learn about the latest developments in patent,

trademark and copyright law, including panel discussions on theinterplay between the Patent Trial and Appeal Board, District Courtsand the Federal Trade Commission, and on issues facing North Carolinabrewers and distillers.

Hear about The Slants case In re Tamfrom the lawyer whosuccessfully argued that the disparagement provision of the LanhamAct violates the freedom of speech clause of the U.S. Constitution

Gain insights into patent litigation from sitting judges

Receive updates in copyright law and policy from a representative of

the U.S. Copyright Oce Learn practical lessons gleaned from recent cases in patent law,

including prosecution tips for PTAB appeals

Become familiar with recent developments in design patent law

Consider the implications for both trademark and patent practiceof the Supreme Courts decision in B&B Hardwareregarding thepreclusion eects of administrative agency rulings

Obtain substance abuse/mental health credit through an attorney

wellness session geared toward achieving health physically, mentallyand professionally

LIVE

Friday, March 18, 2016

Greensboro Marriott Downtown,Greensboro

CLE CREDIT: 6.75 Hours

Includes 1.0 Hour Substance Abuse/Mental Health


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2016 Intellectual Property Law Section Annual Meeting

#481IPM | Friday, March 18, 2016

FOUR WAYS TO REGISTER

ONLINE* www.ncbar.org/CLE PHONE* 800.228.3402 FAX* 919.677.1774MAIL** Attn: Accounting, NCBA Foundation, P.O. Box 3688, Cary, NC 27519-3688

*Credit cards only. **Please make checks payable to the NCBA Foundation.

TUITION | LIVE | Select format and tuiton rate below.

REGISTRANT TYPE EARLY BIRD TUITIONReceived one week prior to

program date.

REGULAR TUITIONReceived less than one week prior

to program date.

NCBA Intellectual Property LawSection Member

$285Live

$345Live

NCBA Member$305Live

$365Live

NCBA Paralegal Division Member$195Live

$255Live

Non-member

$365

Live

$425

Live

Full-time LANC Attorney (NCBA Member)

These categories do not

qualify for Early Bird tuition.

$195Live

1st Year Licensed in NC(NCBA Member)

$99Live

CLE Passport Holder6 TokensLive

SELECT ONE Judge (NCBA Member) Clerk of Court(NCBA Member) Law Professor(NCBA Member) Law Student DivisionMember Paralegal StudentMember

These categories do notqualify for Early Bird tuition

or include any MCLE fees.

$25Live

REGISTRANT INFORMATION | Please print clearly. 481IPM-B

Print Full Name:

Firm/Organization Name:

Address:

City, State and ZIP:

Daytime Phone Number:

Email Address:

NC State Bar No. (Required for MCLE Credit):

PAYMENT | Registration is processed only after payment is received. Please print clearly.

Enclosed is a check, payable to the NCBA Foundation. Please charge my credit card.

Card Number: Expiration Date:

Total Amount: Signature:


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Program Agenda

Friday, March 18, 2016, 7:45a4:50p

7:45a Registration and Continental Breakfast

8:15 Welcome and IntroductionsEd Timberlake

8:30 General SessionIntellectual Property Year in ReviewRachel M. Blunk, JiNan Glasgow George andRobert A. MonathIntellectual property experts review the latest developments in patents, trademarksand copyrights.

10:15 Break

10:30 Track 1: PatentsInterplay Between PTAB and District Court/ITCLitigationAlton L. Absher III, Lance A. Lawson andRichard T. MatthewsTe America Invents Act (AIA) revised and expanded the nature o post-grantpatent proceedings including interpartes review (IPR), covered business method(CBM) and post grant review (PGR), all o which are brought beore the Patentrial and Appeal Board (PAB). Tis panel presents and discusses current trends

and statistics, recent rule amendments, perspectives and practice tips related to IPR,CBM and PGR. Te panel also examines the interplay between the PAB and patentlitigation in both district courts and beore the International rade Commission.

Or

Track 2: TrademarksOn the (Un)Constitutionality of Section 2(a) ofthe Lanham ActRonald D. Coleman

In December, the Court of Appeals for the Federal Circuit held the disparagement

provision of Section 2(a) of the Lanham Act unconstitutional under the freespeech clause of the First Amendment. Hear from the lawyer for the appellant, RonColeman, on disparagement, freedom of speech, trademark examination and somelikely effects of the ruling.

11:30 Intellectual Property Law Section Annual MeetingLaura M. Kelley, Myers Bigel, Raleigh, presiding 2015-2016 Section Chair

11:45 Networking Lunch(included at Live program only)

12:30p Track 1: PatentsViews from the Bench(es) and BarModerator: George F. Pappas

Panel: Judge Robert J. Conrad, Judge Kathleen M. OMalley andErin C. WillsGain perspective and insights into patent litigators rom sitting ederal judges,patent litigators, and patent preparation and prosecution attorneys.

Or

Track 2: TrademarksCurrent Issues in North Carolinas Brewery &Distillery IndustryLaura Collier, Erik Lars Myers andJohn R. SzymankiewiczMaking a name or yoursel (while staying in business) has never beeneasy,especially in rapidly growing fields such as brewing and distilling. Lawyers LauraCollier and John Szymankiewicz discuss a number o the branding, labelling andlicensing challenges acing small businesses in these industries. Erik Lars Myersshares his perspective as brewer, small business owner and author o North CarolinaCraf Beer and Breweries, as well as President o the NC Craf Brewers Guild.

1:30 Transition Break


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1:35 Track 1: PatentsThe End of the Line: Prosecution Strategies forAppealing to the PTAB and (if needed) to the Federal CircuitPeter D. Siddoway echniques or drafing appeal bries to preserve arguments or the

Federal Circuit Recent proposed changes to the rules and how they impact appeals

Strategies or appealing PAB decisions in post-grant proceedings to theFederal Circuit

Or

Track 2: CopyrightsKimberley Isbell

2:35 Break

2:45 Track 1: PatentsDesign Patents UpdateGlenn EdwardsandDarius C. GambinoOnce a sleepy jurisprudential backwater, there has been renewed interest indesign patents with a corresponding surge in both filings and litigation. In thistalk, which should be o interest to patent & trademark practitioners alike,Darius Gambino (co-author o Trade Dress: Evolution, Strategy and Practice)guides attendees through recent developments in this exciting area o law.

Or

Track 2: TrademarksIssue Preclusion and the USPTOPamela S. Chestek

In 2015, the U.S. Supreme Court held that courts should give preclusive effectto AB decisions i the ordinary elements o issue preclusion are met. Gobeyond the basic holding o B & B Hardwareto review how it has been appliedso ar and where courts might take it, including whether patent practitionersneed to be worrying about issue preclusion in PAB proceedings.

3:45 Transition Break3:50 General SessionAttorney Wellness: Achieving Health Physically,

Mentally and ProfessionallySarah E. Nagae

In this session, lawyers learn: Why attorneys are vulnerable to weight gain, heart disease, depression,

anxiety, substance abuse and chemical dependency Te ways stress and substance abuse are connected, in order to identiy

health behaviors which may be contributing to less-than-optimal jobperormance

o pinpoint the skills they need to learn or adjustments they need to maketo change these behaviors

o develop realistic, achievable short-term and long-term wellness goals o ormulate a plan or reaching their short-term and long-term wellness

goals; why accountability is vital to achieving these goals and how tostructure accountability into your wellness plan

*Indicates portion providing Substance Abuse/Mental Health credit

Step-By-Step Download Instructions1. Go to www.ncbar.org/CLE.

2. Click on Your Course Materials. (on right-side navigation)3. Log in. (For assistance, call 800.228.3402.)4. Click on the CLE program title.


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Program Information

Planners Jeffrey W. Childers, Ward and Smith PA, Raleigh

Robert A. Schwartzman,Myers Bigel, Raleigh

Ed Timberlake, imberlake Law, Carrboro

Erin C. Wills, Jenkins Wilson aylor & Hunt, Durham

Speakers Judge Kathleen M. OMalley,Circuit Judge, U.S. Court o Appeals or the Federal

Circuit, Washington, DC

Judge Robert J. Conrad, U.S. District Judge, Western District o North Carolina,Charlotte Alton L. Absher III, Kilpatrick ownsend & Stockton LLP, Winston Salem Rachel M. Blunk, Sharpless & Stavola PA, Greensboro Pamela S. Chestek, Chestek Legal, Raleigh Ronald D. Coleman, Archer & Greiner PC, New York, NY Laura Collier, Strike & echel, Raleigh Glenn Edwards, Chie IP Counsel, Ingersoll Rand, Davidson Darius C. Gambino, DLA Piper, Philadelphia, PA JiNan Glasgow George, Neopatents, Durham Kimberley Isbell,Senior Counsel or Policy and International Aairs at United

States Copyright Oice, Washington, DC Lance A. Lawson, McNair Law Firm PA, Charlotte Richard T. Matthews, Williams Mullen, Raleigh Robert A. Monath, Raleigh Erik Lars Myers, Mystery Brewing Hillsborough Sarah E. Nagae,riangle rademarks, Raleigh

George F. Pappas, Covington & Burling LLP, Washington, DC Peter D. Siddoway,Myers Bigel, Raleigh John R. Szymankiewicz, Beer Law Center, Raleigh Erin C. Wills, Jenkins Wilson aylor & Hunt PA, Durham

Hotel InformationContact hotel(s) directly or reservations at the specialNCBA room rate. Rates are based on availability and

may sell out.Greensboro Marriott Downtown304 North Greene Street, GreensboroRate: $129 single/doubleReservations: 1.800.228.9290 or 336.379.8000Cut-off Date: February 25, 2016Group Code: NCB

FINE PRINT REGISTRATION Registrations are limited by space, and may include a live video broadcast overflow room.TRANSFERSRegistrants may transer rom a Live program, Video Replay, Webcast, Webinar or Phone/Audio Streaming Program without penalty within threebusiness days afer the program date. CANCELLATIONS Cancellations must be received by 9:00 a.m. the third business day prior to the program toqualiy or a reund (less $75 administrative ee). Tose not attending will receive the digital program materials in ull consideration o tuition paid.MCLE CREDIT Te North Carolina Bar Association Foundation is an accredited CLE sponsor under the MCLE Regulations promulgated by theNC State Bar Board o Continuing Legal Education. Tis program is approved (but not sponsored) by the Board or the designated number o CLEhours. Each attorney must maintain a record o his/her attendance or the NC State Bar annual report. MCLE credit is reported by NCBA Foundationonly i a NC State Bar number is provided. Your CLE tuition includes mandatory State Bar ees used to support the State Bars Mandatory ContinuingLegal Education program, the Chie Justices Commission on Proessionalism and the Chie Justices Equal Access to Justice Commission. Yourtuition also includes digital access to all program materials.DIGITAL PROGRAM MATERIALS You will receive a notification email when digitalmaterials are available to download. o retrieve digital materials, log in and select Your Course Materials on the CLE website. All o the materialsor this program will be available or download in advance o the program. A limited number o printed books will be available or purchase atthe Live program. VIDEO REPLAYS o qualiy or the Early Bird tuition, registration must be received one week prior to program date. NCState Bar rules require a minimum number o preregistered active State Bar members. Te NCBA Foundation reserves the right to cancel any

video program prior to the program date i registrations do not meet the NC State Bar requirement. Some sites require additional registrationor evaluation orms. Due to printing and shipping lead times we are unable to accommodate requests or print materials made ewer than seven(7) days prior to any video replay program.INCLEMENT WEATHER We make every effort to notiy registrants when a program is canceled ordelayed due to weather. I inclement weather is orecast, please check your local news listings or contact event venue. NCBA programs will ollow thework schedule o the hosting institutions, to include delayed openings.CLE SCHOLARSHIPS A limited number o scholarships are available tomembers in financial need. Contact Membership Services at 1.800.662.7407 or [email protected]. EVENT SPONSOR AND EXHIBITOROPPORTUNITIES d h d h h b h h


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