Patent Law CLE

Patent Law is a very complex and specialized area of the law. Regardless of whether the attorney is simply searching for existing patents for a client, applying for a patent, or litigating in a patent-infringement case, the attorney will encounter aspects of the law and specific requirements that are not found in any other area of the law. In this introduction to Patent Law, we cover some of the basic aspects of each of those tasks: searching for patents, applying for patents, and engaging in patent litigation. We also address two lesser known patent-related subject matters—Patent Misuse and Joint Inventorship—and analyze two recent federal district court cases that focus on the topics.

This course will provide an overview of fashion law and how it intersects with intellectual property. The course will touch on more commonly known areas of fashion including apparel, shoes, and accessories. This course also will address how fashion is going beyond just the clothes or the accessories themselves and now reaching more into technology including supply chain optimization, virtual fitting rooms, and wardrobe recommendations using artificial intelligence (AI).

Own a patent, now what? Only patent owners can enforce their right to exclude others from making, using, selling, or offering to sell their invention. In this introduction to patent litigation, we breakdown the major steps necessary to file and pursue a patent infringement complaint in U.S. district court. We also discuss the importance of claim construction and selecting the right forum. Participants in this course will gain a general understanding of the key step when enforcing a patent owner’s right to exclude.

This course will provide an overview of issues related to the gender gap and patents as well as patent law. The course will focus on the 2019 “Progress and Potential: A Profile of women inventors on U.S. patents” published by the United States Patent and Trademark Office (USPTO) as well as the 2020 update on women inventor-patentees. The course will then look at the gender gap and patent law, both in terms of practicing before the USPTO as well as attorneys involved in patent litigation. The course will also highlight efforts being made to close the gender gap when it comes to patents and what else may be done.

This course provides an overview of the essentials of Intellectual Property (IP) that all attorneys and entrepreneurs should know, including the types of IP, procurement basics and strategies, enforcement, defense, and how to mitigate IP litigation risk. The course further provides an overarching explanation of the full patent lifecycle as to enable participants to assess whether, why, how, and when obtaining patent protections might be worthwhile for a particular business endeavor.

This 60 minute CLE is geared towards registered patent practitioners and their support staff in understanding the obligations of patent lawyers. This IP Ethics CLE will cover topics including conflicts of interest, candor requirements, unauthorized practice of law, working with foreign associates, export control issues, and more.

In 2010, Congress passed the BPCIA, a law intended to spur the development of biosimilar drugs in the US, and to allow a biosimilar maker and a reference product maker to resolve their patent disputes prior to the commercial launch of the biosimilar. The BPCIA sets forth what was intended to be an orderly pre-launch patent litigation process, including a series of information exchanges between the biosimilar maker and reference product maker called the “patent dance.” Several recent BPCIA decisions, however, have introduced surprising variations to the canonical BPCIA litigation process. In this course, Christopher Loh will review how the canonical BPCIA litigation process is supposed to work, and then examine how recent case law has reshaped that process. Participants in this course will gain a general understanding of the process, what variations to the process the current case law allows, and how those variations affect litigation strategy.

Notwithstanding its illegality under federal law, cannabis is now legal for medical and/or adult recreational use in a majority of U.S. states. The cannabis industry is booming and participants want and need IP protections for their products, technologies, and brands. However, the perfection and enforcement of such IP rights is complicated by the continued federal prohibition of cannabis.

Section 337 investigations at the U.S. International Trade Commission (ITC) provide a fast and efficient forum to assert your intellectual property against imported goods. A successful ITC complaint can quickly lead to the ITC blocking future imports of infringing products, protecting market share, and stopping unfair competition. Because Section 337 investigations differ substantially from federal district court actions, success requires a nuanced understanding of the ITC’s unique requirements and procedures. In this course, Mr. Riley explains how to file a complaint at the ITC and examines the wide array of possible causes of action, including patent infringement, trade secret misappropriation, unfair competition, and breach of contract. Mr. Riley also discusses how to best utilize the ITC’s procedure and discovery rules to strategic advantage.

Intellectual property law is complex, but the ethics in practicing patent and trademark law can be even more difficult to understand.  This course aims to provide background that IP attorneys can take to ensure their conduct confirms to the USPTO Rules of Professional Conduct. The presenter, Emil J. Ali, is a registered patent attorney who focuses his practice on USPTO ethics and disciplinary matters. The course provides practical advice on how practitioners can spot issues and conform their conduct to best practice and the USPTO’s rules.  This course is aimed at experienced IP practitioners who practice before the USPTO.