Intellectual Property

AGENDA:

• 8:30 a.m. to 9:30 a.m. — Armstrong Teasdale LLP
• 9:30 a.m. to 10:00 a.m.  — BREAK
• 10:00 a.m. to 11:00 a.m. — Stradley Ronon Stevens & Young, LLP
• 11:00 a.m. to 11:30 a.m. — BREAK
• 11:30 a.m. to 12:30 p.m. — Akin Gump Strauss Hauer & Feld LLP

Session I - 2020 in Review: Shutdowns, Plexiglass, and the Return to Juries

The standstill of the Judicial System continues to send ripple effects through every Judicial District.  We will provide an operational update for each District Court and forecast the delay to trial likely to be experienced.  We will also review those key verdicts reached, the impact the WDTX has made on Plaintiff-side litigation, and best practice strategies for litigation for both plaintiff and defendant.

Session II - Recent Developments in Patent Law: Patentable Subject Matter and Definiteness

The contours of patent law are in flux with two relevant Supreme Court cases handed down just this year.  Join expert panelists as they discuss the conundrum of patentable subject matter and the cutting edge of definiteness.

Session III - Trade Secret Cases at the International Trade Commission:  Strategies for Using the ITC for Trade Secret Protection and Recent Decisions

Join our panelists for a discussion on the recent increase in trade secret cases at the International Trade Commission (ITC) in 337 Investigations in 2020. This trend has continued into 2021, most recently in the dispute between SK Innovation Co., Ltd. (SK) and LG Chem, LTD (LG) in In the Matter of Lithium Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Production and Testing Systems and Processes Therefor, 337-TA-1159. We will discuss the historic settlement between SK and LG, and what companies can learn from that case, with first-hand experience from our team. Our team will also discuss how clients can utilize the ITC as an effective means for asserting their trade secrets, or how to best defend themselves in trade secret investigations. We will use our substantial experience at the ITC to discuss the latest trends and strategies companies can use in all phases of an investigation including:

• All litigation-based aspects of the Section 337 investigation before, during and after the trial.
• The review of remedial orders by the Office of the United States Trade Representative (USTR) during the Presidential Review Period.
• Public Interest Factors.
• Enforcement proceedings before U.S. Customs and Border Protection (CBP).
• Appeals before the U.S. Court of Appeals for the Federal Circuit.

Click the red button below to RSVP.

Join us by following this Zoom link:

https://accinhouse.zoom.us/j/95920320666?pwd=WkxZU3RubHRxZW5hTjBUS1ExanI5Zz09

Passcode: 009228

Patent litigation can have huge stakes for companies, both large and small, across a multitude of industries. Whether enforcing critical patents or defending your technology, a win or loss in court can have major and clearly recognized implications on your business. Outside of the courtroom, there are other, often overlooked business considerations companies should think about before, or when involved in, patent litigation. This includes:

1. Patent litigation as a necessary step in reaching a better business solution.
2. Pros and cons of offshoring patent ownership – today and tomorrow.
3. Pros and cons of litigation funding for both patentees and defendants.
4. Patent risk management entities and the coming of age of patent insurance.
5. Tax consequences of patent litigation and settlements.
6. The power of injunctions and exclusions orders.

In an hour or less, we will discuss all of these important topics and how they can influence your business strategy before, during or after patent litigation.

This program is approved in CA, TX and NJ for 1.00 General credit. This program is also approved in NY for 1.00 PM/PP credit and is Transitional and Nontransitional (appropriate for both newly-admitted attorneys and experienced attorneys).

Fair use is one of the trickiest and most litigated issues facing copyright and trademark practitioners.  Join us for a discussion of the issue with a summary of the current state of copyright fair use law including the recent Oracle v. Google Supreme Court decision and an overview of both “classic” and “nominative” trademark fair use, and test your understanding with a quick game of fact or fiction based on real-world examples.

In today's competitive innovation economy, companies across industries face a wide range of potential legal issues and risks related to intellectual property (IP). Whether it is infringement of a valuable patented technology, unlawful use of key trademarks or copyrights, or anti-counterfeiting and IP crime, when IP issues arise, in-house counsel need to be ready to face off against competitors and fiercely defend the commercial IP rights of their business.

Join us for an engaging roundtable discussion with our diverse panel of in-house counsel and IP litigators from Smart & Biggar LLP as they share lessons learned from the front lines of IP enforcement and litigation matters. The panel, moderated by Urszula Wojtyra, Partner at Smart & Biggar, will include Cameron Weir, Senior Counsel at Reckitt Benckiser (Canada), Denise Lacombe, Head of Legal at AstraZeneca Canada and Michael Okerlund, formerly in-house at Huffy Corporation and Arctic Cat, now CEO of Cloud Court Inc.

Learn from their first-hand experience on how to leverage and protect your company's valuable portfolio to win with IP.

Breakout Rooms - Following the panel discussion, join a breakout room for a host facilitated discussion to extend your learning and network with our panel speakers and ACC members.

This program qualifies for up to 1 hour 30 minutes of Substantive CPD credit under the Law Society of Ontario's mandatory CPD regime.

This event is open and free of charge only to in-house counsel who are practicing lawyers and are current members of a provincial law society; however, you must RSVP to attend. Please RSVP by no later than Wednesday, June 16, 2021.

ACC Ontario reserves the right to review all registrations for eligibility. In-house counsel must be ACC members or meet ACC membership eligibility. Please click here for further details.

Note: All instructions and information on how to access the webinar will be sent by email in advance of the program.

Questions? Please email us.