2017 CLE Calendar
January 27 Noon (Belo)
An Egregious Case: Willful Infringement After Halo Decision
Matt Acosta, Jackson Walker
This presentation will address the Supreme Court’s decision in Halo Elecs., Inc. v. Pulse Elecs., Inc. and how it dismantled the Federal Circuit’s standard for willful patent infringement that had been established for nearly a decade. In the six months following Halo, the Federal Circuit and district courts have struggled to define new standards that balance the rights of patent owners with the practicalities of doing business in the information age. This seminar will discuss the post-Halo landscape, including conflicting standards adopted by lower courts throughout the country, and any necessary adaptations to best practices for patent owners and accused infringers. Presentation materials, click here.
February 24 (Belo)
Highsmith v. Getty Images – Representing America’s Photographer
James Gourley, Carstens & Cahoon LLP
This presentation will provide insights and experiences from the Highsmith v. Getty Images, Inc., et al., including a discussion of the copyright, trademark, open source licensing, and public domain issues involved in this case. Come hear about the issues raised in this high profile case brought by one of America’s preeminent photographers alleging the improper licensing of her photographs by Getty and others, as well as the theories used to support a billion dollar damages model.
March 24 (Belo)
Maximizing Your Mediation
Jay Zeleskey, Zeleskey Mediations, LLC and
William Cornelius, Wilson Robertson & Cornelius, P.C.
Vishal Patel, Thompson & Knight LLP, Moderator
Panel discussion on how to make your IP mediation more productive and successful, including how to increase awareness of risks and how to persuade opposing parties, who are apt to be dismissive, about the merits of your case. The discussion will touch on the following: mediation strategies, tips for writing effective mediation statements, suggestions on identifying the key issues in the case, and the pros and cons of meeting jointly with the other side.
April 28 (Belo)
“The Non-Doctrine of Redundancy” at the PTAB
Associate Professor of Law and Associate Professor of Engineering
Texas A&M University
For over four years, the PTAB has been denying a growing number of requests for IPR and CBM review not because they lack merit, but because they are redundant to other, related requests. Although the PTAB has denied the existence of any “redundancy” doctrine, its reasoning has created considerable controversy about unchecked agency discretion and the separation of powers. This presentation will explain how redundancy-based denials work, offer empirical evidence of their use, and evaluate their legitimacy in the system of patent validity review created by the America Invents Act.
May 2 (Belo), Tuesday
"Lone Star Strategies for IP in China, What Texas Companies
Need to Know Now"
8:00 AM – 3:00 PM CT
Register here, deadline is April 28.
May 26 - (Belo Lunch Meeting Cancelled)
June 12, 2017 (Belo)
Special CLE on TC Heartland: Patent Venue Issues After TC Heartland.
Is this the end of the Eastern District?
Doug Cawley (McKool Smith)
Ryan Wirtz (Ericsson)
Scott Burt (Conversant)
Wes Hill (Ward, Smith, and Hill)
Justin Cohen (Thompson & Knight)
A discussion of U.S. Supreme Court’s decision in TC Heartland v. Kraft Food regarding the patent venue statute 28 U.S.C. 1400(b). The discussion will focus on the Court’s ruling regarding the definition of where a company “resides” for determining venue in patent cases, what does it mean to have an “established place of business” in a district under the statute, and procedural issues and strategies dealing with venue disputes for cases.
June 15 - Ethics Presentation (rescheduled from June 23rd)
"In-House Counsel, Joint Development Agreements, Patent Agents, and Privilege: New Cases and Recurring Problems”
David Hricik, Professor
Mercer University School of Law
This session will discuss recurring problems that arise during IP transactions and patent prosecution that result in loss of privilege, legal malpractice, and more. Presentation slides here.
July 28 - Supreme Court IP Update
"Intellectual Property Law Update on Recent Supreme Court Decisions"
David Taylor, Professor, SMU Dedman School of Law (presentation, click here).
Kathryn (Kate) Swint, PirkeyBarber (presentation, click here).
This session will review recent IP-related decisions from the U.S. Supreme Court.
August 25 - (Belo)
"Top Ten Trademark Prosecution Mistakes"
Molly Richard, Richard Law Group
This session will address the top ten mistakes made when filing and prosecution of a trademark application. Learn from the mistakes made by other practitioners, as opposed to repeating them yourself.
September 22 - (Belo) Joint IP Section/Dallas PTO CLE
Design Patents in the Automotive Industry
Gunnar Heinisch, IP Counsel for Toyota Motor North America, Inc.
Garth Rademaker, S.P.E. Technology Center 2900 (Design), US PTO
The speakers will address practical and legal aspects of design patent applications and patents, particularly within the automotive industry.
October 18 - (ND CLE) (1.0 hr, Ethics) 8am-9am
Table Discussion on Ethical Issues and Client Representation Issues
Surrounding Attorney-Client Engagement Letters
Breakfast Provided (Free of Charge for DBA Members)
1.0 Hrs. Ethics Credit (applied)
Location: Blue Mesa Restaurant 14866 Montfort Dr Dallas, TX 75254
October 27 - (Belo) (1.5 hrs)
Administrative Law Fundamentals and Strategies for IP Lawyers
Donald Puckett, Nelson Bumgardner (presentation, click here)
Chris Rourk, Jackson Walker LLP (presentation,click here)
Presentation will cover basic administrative law concepts and Administrative Procedure Act statutory provisions that arise frequently in the USPTO - including the new PTAB and TTAB trials, and also ex parte examination appeals. The CLE will cover recent case law developments on issues at the intersection of administrative law and intellectual property, and the speakers will discuss strategies that utilize administrative law to take your USPTO advocacy to the next level.
December 1 (Belo)
CLE & Annual Meeting and Approval of Officer/Directors for 2018
"Notable Case Law Impacting Licensing 2017"
Jeffrey Whittle, Hogan Lovells - Houston
Presentation will cover notable case law that has impacted or will have an impact on licensing practice of intellectual property.
Noon CLE meetings are typically held on the fourth Friday of every month (with some exceptions).
We also host periodic breakfast CLE roundtable discussions at a North Dallas location on important IP topics.
The Intellectual Property Section of the Dallas Bar Association presents the information on this web site as a service to our members, guests and other Internet users. Copyright ownership of the materials posted on this website remains in the individual authors. These materials are for your personal use only. While the information on this site is about legal issues, it is not legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link.
By Xato (Own work) [Public domain], via Wikimedia Commons
Sheet music: "Beauiful Dreamer" by Stephen Foster
Next CLE: Sept. 30, 2021
(Virtual Zoom, Noon)
"Arthrex, Minerva, and the Future of Patent Validity”
Speaker: Professor Saurabh Vishnubhakat, Texas A&M School of Law
The Supreme Court’s October Term 2020 included two significant patent law decisions. In Arthrex v. Smith & Nephew, the Court held that the USPTO’s administrative patent judges were improperly appointed principal officers, and imposed a judicial remedy to fix the constitutional defect. In Minerva Surgical v. Hologic, the Court substantially narrowed—but did not abolish—the ability of patent owners to block past assignors from challenging patent validity. Professor Saurabh Vishnubhakat from Texas A&M University will summarize these decisions and discuss what they mean for patent rights going forward.