Conference Schedule

Friday, November 2, 2018

7-8 a.m.
Breakfast & Registration

Morning sessions will be held at the Union League Club.

8-8:15 a.m.
8:15-8:30 a.m.


8:35-9:35 a.m.
Plenary Session I: Current Developments in Patent Law

Covering issues including subject matter eligibility—Federal Circuit developments, strategy for legislative fix and what it will look like, efforts by major bar associations—and prior art searching.

9:40-10:40 a.m.
Plenary Session II: Current Developments in IP & Antitrust Law

Covering issues including vexatious/sham litigation and regulatory abuses, SEP/FRAND, injunctive relief and remedies, collusion in standard setting organizations, and FTC Hearings on Competition and Consumer Protection in the 21st Century.

10:40-11 a.m.
11:05 a.m.-
12:05 p.m.
Plenary Session III: Current Developments in Copyright Law

Covering issues including copyright claims and the pending CASE Act, copyright trolls, AI and copyright, ISP liability for file sharing in the wake of the Cox settlement and BMG v. Grande, federalizing copyright in pre-1972 sound recordings, expert testimony and substantial similarity, and digital first sale.

12:10-1:10 p.m.
Plenary Session IV: Current Developments in Trademark Law

Covering issues including the Honey Badger case, Adidas America Inc. et al. and irreparable harm; laches in infringement and cancellation actions; paying PTO’s fees in disputes brought before the district courts; First Amendment (Rogers/Empire, Tam/Brunetti); territoriality and unfair competition (Belmora/Prolacto); registrability (Coke Zero/; developments in domain name law; and “genericness.”

1:20-2:35 p.m.
Luncheon at the Union League Club
2:35-3:35 p.m.
Concurrent Session I

Afternoon sessions will be held at The John Marshall Law School.


Covering issues including the Supreme Court’s trademark docket, abandonment and rebranding, the impact of B&B Hardware, Inc. on TTAB proceedings, implications of the IP chapter of the U.S.-Mexico-Canada Trade Agreement, litigation trends in China, how U.S. trademark owners should plan for Brexit with no agreement on trademarks, non-traditional trademarks and trade dress protection in the EU, and the Kit Kat case.

PATENTS I (Section 101)

Covering issues including Purpose/Function of Section 101, relevance of the nature of the claimed invention, is our approach too insular: the experience of other jurisdictions, timeline for fact development and claim construction, the influence of Sections 102/103, and whether or not judicial decisions should be retroactive or merely prospective in light of the reliance interests in patented inventions.


Covering cybersecurity legal risk and privacy-related issues, including what is reasonable cybersecurity?, GDPR vs. ICANN, 9th circuit’s TCPA, and trusting digital identity.

3:35-4 p.m.
4:10-5:10 p.m.
Concurrent Session II

Covering issues including appropriation art and fair use; graffiti, tattoos, and alternative art; substantial similarity issues in connection with works of visual art; copyright registration issues in infringement litigation and the Fourth Estate case; Oracle v. Google and fair use in the technology area; and resale royalties for works of art.


Covering patent litigation issues, including the on-sale bar, electronic discovery, patent privateers/NPEs, PTAB vs. District Court, SEP FRAND, arbitration, entire market value rule, and lost profit calculations.


Covering comparative and global issues in IP, including whether/how domestic developments are out of sync with global developments, China’s rise as software, fintech innovator, IP disruptor, AI and global competition, injunctive relief, FRAND, IP in trade agreements under Trump, investor state disputes, and relevance of the WTO.

5:15-6:15 p.m.
Concurrent Session III

Covering issues including the Music Modernization Act; copyright registration, fair use, and small claims; and performance rights organizations.


Covering issues including current trends in patent prosecution at the USPTO and EPO, post-SAS implications on IPR proceedings (including switch from BRI to Philips standard), and the impact of Howmedica v. Zimmer on prosecution misconduct used to find an exceptional case in subsequent litigation for attorney fees.


Covering IP management issues and concerns, including expenditures, potential lawsuits, business process/block chain patents, U.S. vs. other countries regarding desired technologies, and credit for indirect contributions to the public domain in developing countries.

6:20-8 p.m.
Closing Reception

Music by Chris Carani Jazz Trio