WEDNESDAY, MARCH 29, 2023
5:00 CLE & Mentorship Reception
North Carolina Bar Center, 8000 Weston Parkway, Cary | 5:30-7:00 PM
Join the Intellectual Property Law Section for a reception the evening before the Section CLE & Annual Meeting. The section reception celebrates the 2022-2023 Mentorship Program, as well as highlights the dedication of the CLE planners and speakers! All CLE attendees, Intellectual Property Section members, and Mentorship Program participants are welcome for hors d'oeuvre and drinks in the Galleria at the Bar Center.
THURSDAY, MARCH 30, 2023
8:25 Registration and Continental Breakfast
8:55 Welcome and Introductions
9:00 IP Due Diligence in Mergers and Acquisitions
Spencer C. Joffrion, Dechert LLP, New York, NY
Discuss the legal and practical considerations for conducting intellectual property due diligence in the context of a merger and acquisition, including issues related to confirming completeness and accuracy of disclosure schedules, confirming ownership of registered and unregistered intellectual property, and inbound and outbound licenses.
10:00 Break
10:10 Inequitable Conduct Lives!
Thomas L. "Tom" Irving, Finnegan Henderson Farabow Garrett & Dunner LLP, Washington, DC
Some thought the 2011 en banc Therasense Federal Circuit decision sounded a death knell to the defense of inequitable conduct, but that was not the case! The defense is still alive, as are its cousins "unclean hands" and prosecution laches, and they continue to have broad applications, as seen in several recent cases. Review these cases and hear examples of both successful and unsuccessful arguments. Then learn about the latest notice from the United States Patent and Trademark Office (USPTO) regarding disclosures to other agencies.
11:10 Break
11:20 Artificial Intelligence (AI) Meets Intellectual Property
Lincoln S. Essig, Knobbe Martens, Washington, DC
This session focuses on the relationship between IP and AI, including a technological overview of machine learning (ML) and a legal overview of the current state of IP law with respect to ML. Specifically, we discuss what aspects of ML are/are not protectable under current IP statutes, rules and case law.
12:20 Intellectual Property Law Section Annual Meeting
Shawna C. Lemon, Stanek Lemon Crouse and Meeks PA, Raleigh, 2022-2023 Section Chair, Presiding
12:35 Lunch Break
1:20 Trademark Hot Topics
Emily M. Haas, Michael Best & Friedrich LLP, Raleigh
Examine a survey of recent trademark case law, including recent decisions and current hot-topic cases in the courts. Then cover what we have learned thus far from the implementation of the Trademark Modernization Act and trademark trends at the USPTO and discuss best practices in light of these recent developments.
2:20 Break
2:30 Patent Law Updates
Lance A. Lawson, Burr Forman McNair LLP, Charlotte
Richard T. Matthews, Williams Mullen, Raleigh
Review the most significant updates in IP law from 2022.
3:30 Break
3:40 Untangling the Web: Understanding and Adapting to Recent Data Privacy and Security Developments*‡
Graham T. Dean, Troutman Pepper Hamilton Sanders LLP, Raleigh
James "Jim" Koenig, Troutman Pepper Hamilton Sanders LLP, New York, NY
Last year, comprehensive privacy legislation was introduced in twenty-seven state legislatures and adopted in Utah and Connecticut. At the federal level, data privacy and security issues were the topic of numerous Congressional hearings and related legislation achieved an unprecedented level of bipartisan support. These developments and new waves of privacy and security-related litigation have contributed to an already complex web of legal considerations and ethical obligations for lawyers. During this CLE presentation, we attempt to “untangle the web”, addressing these developments and providing ten practical steps lawyers can take to comply with the applicable regulatory and ethical obligations. We also provide practical guidance related to protecting personal information obtained from customers/clients, including insights generated from recent cyberattack trends.
4:40 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
‡ Indicates portion providing Technology Training credit