2022 CLE Calendar
January 27, 2022 (Noon) CLE Credit: 1.00 hr
“Venue Games” Speakers: Jeff Becker and Morgan Mayne of Baker Botts LLP
This program is presented by the DBA IP Section’s Young Lawyers Committee and it will address the rules surrounding venue in patent cases after TC Heartland and In re Cray. Specifically, the program will address recent strategies and cases related to venue and transfers for convenience, as well as the Federal Circuit mandamus practice that has become increasingly popular as of late. The speakers will also briefly analyze some of the Federal Circuit’s recent mandamus decisions to provide a glimpse into how the world of venue is shifting at the moment.
February 24, 2022 (Noon) CLE Credit: 1.00 hr
PTAB – Patent Owner and Petitioner Perspectives and Impacts on District Court Litigation; Speakers: Daniel Block, Sterne Kessler; Roshan Mansinghani, Unified Patents; Chris Stewart, Caldwell Cassady
This presentation will cover (1) new procedural practice tips and interesting experiences dealing with the PTAB from each perspective (2) recent precedential and informative decisions and their practical impacts, (3) potential upcoming rule changes to be on the lookout for or recent ones that have gone into effect and how they have worked thus far, and (4) impact on district court actions, including claim construction outcomes based on positions and invalidity arguments made in IPRs, latest trends in district court stays pending IPR, finality of judgments, and scope of estoppel in surviving litigation.
March 24, 2022 (Noon) CLE Credit: 1.00 hr
“An Introduction to the Copyright Claims Board"
Speaker: Whitney Levandusky, US Copyright Office
This presentation will introduce the Copyright Claims Board as it comes online in 2022 and how it may be useful to you and your clients. What can you do if you are involved in a relatively small copyright dispute? You could bring a lawsuit in federal court, but federal litigation can be costly and time consuming. You may find that the cost of a federal lawsuit greatly outweighs any money you could be awarded or ordered to pay. To help people who find themselves in this situation, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act). The law establishes the Copyright Claims Board (CCB), a tribunal in the Copyright Office that will provide an efficient and user-friendly option to resolve small copyright claims.
April 28, 2022(Noon) CLE Credit: 1.00 hr
Topic: "Let’s Get Digital: Digital Marketing Trends and IP Implications"
Speakers: Craig Carpenter, Baker Hostetler, Heather Randall, DIRECTV
This presentation will discuss digital marketing trends, including influencer marketing, native advertising, celebrity endorsements, UGC, AR, NFTs, and the associated intellectual property considerations.
May 26, 2022 (Noon) CLE Credit: 1.00 hr
“Patent Prosecution Practice Tips for Emerging Technologies"
Speakers: Elizabeth Iglesias and Ben Nise, Slater Matsil LLP
This presentation will address patent prosecution practice tips for various emerging technologies.
June 23, 2022 (Noon) CLE Credit: 1.00 hr
“Patents and the Gender Gap: Inventors, Patent Prosecution, and Patent Litigation"
Speaker: Kirby Drake, Kirby Drake Law PLLC
The presentation 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 presentation 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 presentation will also highlight efforts being made to close the gender gap when it comes to patents and what else may be done.
July 28, 2022 (Noon) CLE Credit: 1.00 hr
“A Review of Supreme Court and Federal Circuit Patent Law (2021-2022)”
Speaker: Gale R. “Pete” Peterson, San Antonio
An update on the significant patent law cases decided by the Supreme Court and the Federal Circuit over the past year, complete with commentary, and using his signature jalapeño rating system to designate the importance of each case. Mr. Peterson's Paper can be accessed here.
August 25, 2022 (Noon) CLE Credit: 1.00 hr
The Holistic Brand Attorney
Speakers: Benjamin Setnick, Senior Counsel, IP & Litigation, Match Group, Melissa Atherton, Legal Counsel, Trademarks, Alcon; and, Heather Foster, Assistant General Counsel, Fossil Group, Inc.
The globalization of e-commerce has made protecting brands more challenging and has encouraged brand owners to implement a more globalized brand protection strategy. This has caused brand attorneys' roles and responsibilities to evolve beyond traditional trademark laws. Today's brand attorneys are often expected to be conversant in advertising and marketing laws, labeling laws, patents, commercial transactions, and privacy. This panel of in-house brand attorneys will share their experiences in protecting their company's brands and developing a brand protection strategy, including best practices for and common pitfalls in brand enforcement and IP filings, IP-adjacent considerations brand attorneys should be aware of, and tips on fostering collaboration among their U.S. counsel and international counsel.
September 22, 2022 (Noon) CLE Credit: 1.00 hr
“From Start-Up to Scale-Up to IPO—Patent Prosecution and
Portfolio Management for Growth-Oriented High-Tech Companies”
Speaker: Michael K. Henry, Ph.D., Henry Patent Law Firm PLLC
Working with a rapidly growing company presents a unique set of IP challenges, such as helping the client develop a patent portfolio. To do this, procedures and expertise with the patent process are needed inside the company, and outside counsel are often relied upon to provide training, support and strategic advice. In this presentation, the speaker will review his experiences of working with venture-backed tech startups, including experiences with building a patent portfolio that can support a successful acquisition or IPO. Program slides can be accessed here.
October 27, 2022 (Noon) CLE Credit: 1.00 hr
"Landscape and Impacts of NIL Intellectual Property"
Speaker: Max Forer, Miller Nash LLP
College student-athletes are generally allowed to profit from their own Name, Image and Likeness (“NIL”), including endorsement agreements, NIL-related business ventures, and professional representation agreements. These recent changes to NCAA regulations (along with new state laws) have opened up an estimated $14 billion marketplace, with many different industries exploring and embracing NIL deals and opportunities. This presentation will give a general update on the current NIL landscape along with specifically outlining the impacts on NIL related intellectual property of educational institutions, student-athletes, NIL collectives, and local and national brands.
December 1, 2022 (Noon, Virtual Only) CLE Credit: 1.00 hr
"Current Ethics Issues for IP Lawyers"
David Hricik, Professor of Law, Associate Dean for Faculty Research & Development
Mercer Law School
This session will address recurring ethical issues facing IP practitioners. Among other things, this session will cover recent conflicts of interest, improper ex parte communications during pre-suit investigations, and recent developments of interest. See Presentation Materials here. Powerpoint here.
Noon CLE meetings are typically held on the fourth Thursday of every month (with some exceptions).
We also host periodic breakfast CLE roundtable discussions at a North Dallas location on important IP topics.
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By Xato (Own work) [Public domain], via Wikimedia Commons
Sheet music: "Beauiful Dreamer" by Stephen Foster
Thursday, January 26, 2023
(Noon, Hybrid) CLE Credit: 1.00 hr
"Apportionment in Patent Damage Calculations,"
Speakers: Bethany Salpietra and Jeff Becker, both of Baker Botts.
In recent years, juries have awarded patent owners increasingly large damages, only for the Federal Circuit Court to overturn these awards for lack of apportionment. This presentation explores how to apportion patent damages by providing an overview of relevant Federal Circuit decisions. Join us for a deep dive discussion concerning how to apportion damages for a patented invention, including an overview of how apportionment impacts the reasonable royalty analysis and what the Federal Circuit considers a sufficiently comparable license.