June 2, 2015
IN THIS ISSUE...
Special IP Committee Event "Meet the Regulator" at USPTO HQ  
IP Committee Upcoming Events  
Upcoming ACC Webcasts with IP Related Topics  
Past IP Committee Events  
Networks
Virtual Library
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Upcoming ACC Programs
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Updates From ACC Committees

Special IP Committee Event "Meet the Regulator" at USPTO HQ

On Thursday, June 4th, from 11:00 AM – 4:00 PM EST (reception to follow from 4:30 - 5:30), our IP Committee invites you to Alexandria, Virginia for a no-cost in-person meeting the U.S. Patent & Trademark Office (USPTO) headquarters, as part of the ACC "Meet the Regulator" series. This is an exclusive opportunity to glean insights on today's patent issues that are confronting every IP practitioner. The "off-the-record" setting enables wide-ranging discussions from patent quality initiatives to improvements in Trademark Trial & Appeal Board examination processes. Our IP committee sponsor, Kilpatrick Townsend, will have seasoned counsel on hand to enliven the conversation with many technical aspects of the USPTO's guidelines and practices.  If you are interested in attending, please click here to provide us with your information. Attendance is capped at 50 participants, so secure your seat NOW! Questions? Please contact Paul Goatley at +1 202.349.1533 or Goatley@acc.com.


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IP Committee Upcoming Events

On Wednesday, June 10th, the ACC Intellectual Propterty Committee meets again, and on every second Wednesday of each month thereafter. Please join the call by dialing 1-877-647-3411 and using the passcode 775 433 7375.  We look forward to welcoming all members to our meetings. Please note that there will be no meeting in July.

IN PERSON

On December 1st and 2nd, the US Patent Office will host at its headquarters in Arlington, Virginia, another TM5 user session.  Our ACC IP Committee will again be invited to attend.  Please stay tuned for more information.

WEBCAST

Date: Tuesday, June 9th, 9:00 AM PT, 12:00 PM ET, 4:00 PM GMT
Title: The US International Trade Commission Beyond Tech Patents: Fashion, Digital Downloads & Trademarks
Description: The Smart Phone Wars drove the U.S. International Trade Commission to record levels of activity that peaked some time during 2011. As those conflicts quiet, the Commission has been faced with new issues, beyond the technology patent claims they have traditionally addressed--the fashion industry, digital downloads, and trademarks have all been brought to the steps of the ITC. We’ll start with a brief landscape of the ITC as a unique venue, then explore these newest developments.
Speakers: Joshua P. Pond, Partner, Kilpatrick Townsend & Stockton LLP
Gillian Thackray, Vice President/Global Chief Intellectual Property Counsel, The Clorox Company

LEGAL QUICK HITS

Date: Wednesday, June 10th, 9:00 AM PT, 12:00 PM ET, 4:00 PM GMT
Title:  What’s Hot and What's Not: Case Law Updates that Impact IP Licenses
Description: As companies continue to battle NPE’s and each other in various forums under the ever-shifting legal regime, IP licenses often offer the most viable path towards dispute resolution and profitability.  As we await key decisions of our United States Supreme Court on pending cases, this interactive discussion will provide quick tips on avoiding problematic IP license provisions and best practices for drafting and structuring IP licenses in light of current case law developments.
Speaker: Kandace Watson, Kilpatrick Townsend & Stockton LLP
 
Date: Wednesday, August 12th, 9:00 AM PT, 12:00 PM ET, 4:00 PM GMT
Title: Current Issues in Copyright Law & Practice 
Description: Recent copyright decisions have changed some best practices. Join us for updates and discussion on copyright law.
Speaker: TBD, Kilpatrick Townsend & Stockton LLP
 
Date: Wednesday, September 9th, 9:00 AM PT, 12:00 PM ET, 4:00 PM GMT
Title: Post-Alice Landscape (Patenting and Enforcement of Patents Impacted by Alice (Decision)
Description: USPTO patentability thresholds have been maturing since the Federal Circuit Court Alice Corp. decision. Join us for discussion on how this affects in-house practice and the law in general.
Speaker: TBD, Kilpatrick Townsend & Stockton LLP


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Upcoming ACC Webcasts with IP Related Topics

Date: Wednesday, June 3, 2015 at 9:00 AM PT, 12:00 PM ET, 4:00 PM GMT
Title: Lessons Learned From the [INSERT COMPANY HERE] Data Breach
Presented by ACC’s Compliance & Ethics Committee
Description: The next large-scale data breaches of confidential customer information is a question of “When?” not “If.” Despite numerous cautionary tales, and the massive repercussions felt by companies hit by data breaches, they continue to occur with regularity. However, there are steps companies, and their in-house counsel, can take to reduce their chances of being the next data breach victim. Our speaker is an industry leader in the data privacy field, having co-authored two books on the topic. He will share battle-tested strategies for reducing the risks of a catastrophic customer data breach, as well as solutions for mitigating the damage should a breach occur.

Date: Wednesday, June 17, 2015 at 11:00 AM PT, 2:00 PM ET, 6:00 PM GMT
Title: Inter Partes Review (IPR) Proceedings for Biotech and Pharmaceutical Patents: Key Strategies for US Patent Owners
Description: This webcast will cover what in-house counsel need to know about inter partes reviews (IPRs) for US biotech/pharmaceutical patents. The speakers will include a discussion of the latest trends in IPRs for biotech/pharmaceutical patents, parallel litigation under the Hatch-Waxman and biosimilars legislation and key strategies to protect these important patents.

Date: Thursday, July 9, 2015 at 11:00 AM PT, 2:00 PM ET, 6:00 PM GMT
Title: Protecting the Company's Crown Jewels in the Age of Information Security Threats
Presented by FTI Consulting
Description: Is all enterprise data created equal? If not, should all enterprise data have the same protections? Well-publicized data breaches, from customer credit card data to employee health records, highlight the increasing need for companies to better secure truly sensitive data. Developing a tiered approach to protecting the company’s “crown jewels” can help reduce costs as well as reduce the risk of future breaches. Hear from a panel of industry experts, including in-house legal and information governance executives, as they discuss the different strategies at work with a “crown jewels” approach and practical steps your organization can take to minimize information security threats.


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Past IP Committee Events

INTA 137th MEETING, SAN DIEGO, TM5 SESSION

May, 2015

Intellectual Property Committee member Margo Lynn Hablutzel attended the TM5 Group's User Session International Trademarks Association (INTA) 137th Annual Meeting in San Diego at the beginning of May.

The TM5 grew from the Trademark Trilateral of the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the United States Patent and Trademark Office (USPTO).  Ten years after they joined in 2001, the Office for Harmonization in the Internal Market (OHIM), the State Administration for Industry and Commerce of the People’s Republic of China (SAIC) were added to create TM5 in 2011.

At INTA2015, the members of TM5 began by each presenting information about the work handled by their respective offices, including the USPTO, JPO, KIPO, SAIC, and OHIM. For more information you can read INTA’s May 3rd Newsletter and the INTA annual meeting schedule and information.

Some of the many interesting highlights include:

  • The JPO received over 120,000 applications, including 990 for “non-traditional” marks such as sound, color, location, motion, and one for a hologram. More than 574 regional brands have been registered since the Regional Collective Trademark System was introduced in April 2006.
  • The KIPO reported being is 5th in applications filed in 2013, with a 20% increase in filings during Q1 2015 over Q1 2014.  KIPO has added an additional Anti-Bad-Faith provision to prevent employees from filing an application based upon an employer’s mark.
  • The SAIC representative discussed a number of proposed changes in the laws in China as they continue progress towards improving conditions for brand owners.
  • OHIM launched a new, user-friendly website at the end of 2013 and have simplified the system for applications, and have added a fast-track system in 2014.
  • The USPTO continues to see increasing filings, most of which (81%) are electronic. The increase in electronic filings has enabled some filing fee decreases.
  • Both OHIM and the USPTO have launched online training systems - OHIM TM Training here and USPTO Training here.  The USPTO’s is designed to help pro se applicants, but is useful for those new to trademarks.

The INTA TM5 session attendees also received an update on the TM5 Projects, reports about which are posted at the TM5 website once fully approved.  Many of the projects’ reports should be available shortly at the TM5 website. On December 1st and 2nd, the US Patent Office will host another TM5 user session at its headquarters in Arlington, Virginia. Our ACC IP Committee will again be invited to attend. Please stay tuned for more information.


USPTO TTAB ROUNDTABLE

February, 2015

The ACC IP Committee's Casey Mangan and Dan O'Neill participated in a 3-1/2 hour roundtable on February 19, 2015 with Chief Judge Rogers, other PTO judges and staff, outside counsel representing the IPO, ABA, INTA, and AIPLA and others including the general public. The agenda was packed with substance and procedural issue discussion. The discussion included lively debate on the topics. Dan attended in person, and Casey attended by WebEx and webcam. Following usual practice, we expect the summarized results / transcripts will published by the TTAB in the CFR, so watch for more updates. Chief Judge Rogers indicated discussions will continue, and further input will be solicited from stakeholder groups such as ACC. There will be a transcript in due course.
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