Intellectual Property Law
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- Melina Randall
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1 23rd Annual Advanced Intellectual Property Law C o u r s e LIVE Austin March 4-5, 2010 One Live Site Only! MCLE CREDIT 12 HOURS (3 ETHICS) Hot Topics: Google E-Library Litigation Exhaustion, Implied Licenses and Other Issues in View of the Quanta and TransCore Decisions Litigation: Venue Selection Post In re Volkswagen. Has it Impacted Life in East Texas? Effective Trademark Prosecution Course Highlights: Continental breakfast and lunch included. Meet your ethics requirement for the year. Convenient electrical access. Bring your laptop! Come a day early for the Advanced Trademark Workshop on March 3, 2010 Course materials available on a USB flash drive
2 Come a day early and attend the Advanced Trademark Workshop live Austin Wednesday 4 hrs, 1 hr ethics 3:00 Registration 3:25 Welcoming Remarks and Announcements Kristin Jordan Harkins, Dallas Conley Rose, P.C. 3:30 4:00 Brand Enforcement on Social Networking Sites.5 hr Darin M. Klemchuk, Dallas Klemchuk Kubasta LLP Best Practices for Protecting Product Shapes and Designs: Design Patent and Trade Dress Perspectives 1 hr Perry J. Saidman, Silver Spring, MD SAIDMAN DesignLaw Group, LLC March 3, 2010 Four Seasons Hotel 5:00 Attack of the Domainers.5 hr Lisa H. Meyerhoff, Houston Baker & McKenzie 5:30 Break 5:45 Global Trademark Clearance Strategies.5 hr Heather Foster, Dallas Fossil, Inc. 6:15 Trademark Investigations: The Ethics of Using Private Investigators 1 hr ethics Gretchen McCord Hoffmann, Austin Wong, Cabello, Lutsch, Rutherford & Brucculeri, LLP Putting the Trial in Trademark Trial and Appeal Board.5 hr John Morant Cone, Dallas Hitchcock Evert LLP 7:45 Adjourn 7:15 MCLE CREDIT 4 HOURS (1 ETHICS) MCLE COURSE NO: This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants in Civil Trial Law. TexasBarCLE presents the 23rd Annual A dvanced Intellectual Property Law Course Cosponsored by the Intellectual Property Law Section of the State Bar of Texas live Austin March 4-5, 2010 Four Seasons Hotel Register by February 18, 2010 and save $50! Intellectual Property Law Section members can save up to $75! Thursday 6.75 hrs,1.5 ethics 8:00 8:45 Registration and Continental Breakfast Welcoming Remarks and Announcements Steven C. Malin, Dallas Sidley Austin LLP Morning Moderator Miguel Villarreal, Jr., San Antonio Gunn, Lee & Cave, P.C. 9:00 Google E-Library Litigation.5 hr Raymond T. Nimmer, Houston Dean and Leonard H. Childs Professor of Law University of Houston Law Center 9:30 Damages in Copyright Cases.5 hr Thomas McDowell Morrow, Houston Yetter, Warden & Coleman L.L.P. 10:00 Licensing: Exhaustion, Implied Licenses and Other Licensing Issues in View of Quanta and TransCore Decisions.5 hr 2 Barton E. Bart Showalter, Dallas Baker Botts L.L.P. 10:30 Break LICENSING 10:45 IP Due Diligence in the M&A Context.5 hr,.25 ethics Jeffrey A. Wolfson, Washington DC Haynes & Boone, LLP James Andrew Lowes, Richardson Haynes & Boone, LLP
3 TexasBarCLE Advanced Courses are sponsored by LexisNexis, a division of Reed Elsevier Inc. TRADE SECRETS 11:15 Uniform Trade Secret Act in Texas.75 hr William M. Parrish, Austin DiNovo Price Ellwanger & Hardy LLP Hon. Lee Yeakel, Austin Judge, United States District Court Western District of Texas Cullen M. Godfrey, College Station Chief Legal Officer Texas A & M, Health Science Ctr. 12:00 Break-Lunch Provided 12:15 Luncheon Presentation: Inequitable Conduct: Is the Plague Continuing? 1 hr ethics Mark A. Hagedorn, Chicago, IL Barnes & Thornburg LLP 1:15 Break David Hricik, Macon, GA Mercer University School of Law Ted D. Lee, San Antonio Gunn, Lee & Cave, P.C. PRACTICE MANAGEMENT 1:30 Strategies to Develop Client Relationships in the New Economy 1 hr,.25 ethics Scott W. Breedlove, Dallas Vinson & Elkins LLP Richard F. Phillips, Houston Chief Attorney, Technology ExxonMobil Chemical Company Sarah Guichard, Irving Research in Motion Nestor F. Ho, Austin Silicon Laboratories Afternoon Moderator Georgianna W. Braden, PhD, Houston Howrey LLP PATENT PROSECUTION 2:30 Patent Law Update 1 hr Gale R. Pete Peterson, San Antonio Cox Smith 3:30 Break 3:45 Patent Prosecution Highway.5 hr Nicholas P. Godici, Falls Church, VA Birch, Stewart, Kolasch & Birch, LLP 4:15 Extraterritorial Reach of U.S. Patent Laws After Cardiac Pacemakers.5 hr Richard L. Wynne, Jr., Dallas Thompson & Knight LLP 4:45 Adjourn Friday 5.25 hrs,1.5 ethics 7:30 Council Meeting and Breakfast 8:30 Continental Breakfast 8:50 Welcoming Remarks and Announcements Steven C. Malin, Dallas Sidley Austin LLP Morning Moderator Herbert J. Hammond, Dallas Thompson & Knight LLP TRADEMARKS 9:00 Fraud Standard In View of Federal Circuit Bose Decision.5 hr,.25 ethics Susan J. Hightower, Austin Pirkey Barber LLP 9:30 Meeting the Challenges of Trademark Registration Practice in the Age of the Internet.5 hr Genie (Eugenia S.) Hansen, Dallas Hemingway & Hansen L.L.P. LITIGATION 10:00 Infringement Review: Joint, Direct and Indirect.5 hr Charles Bruce Walker, Houston Fulbright & Jaworski L.L.P. 10:30 Break 10:45 IP Legislative Update: The Patent Reform Act and Other IP Legislation.5 hr Sharon A. Israel, Houston Mayer Brown LLP 11:15 Venue Selection Post In re Volkswagen. Has It Impacted Life in East Texas?.5 hr Michael Smith, Marshall Siebman, Burg, Phillips & Smith, LLP 11:45 Break-Lunch Provided Afternoon Moderator Andrew G. DiNovo, Austin DiNovo Price Ellwanger & Hardy LLP 12:00 Luncheon Presentation: How Ethics Rules Prevent Compliance with Rule 11 Pre-suit Investigations.75 hr ethics David Hricik, Macon, GA Mercer University School of Law 12:45 Break 1:00 E-Discovery 1 hr,.5 ethics Karen Ann Brown Monsen, San Antonio Jackson Walker L.L.P. Hon. Xavier Rodriguez, San Antonio Judge, United States District Court Western District of Texas 2:00 What s Left of the Entire Market Value After Lucent?.5 hr Peter J. Ayers, Austin McKool Smith 2:30 Keeping Foreign Defendants in Texas District Courts: National Contacts Personal Jurisdiction.5 hr Robert W. Payne, Monterey, CA LaRiviere, Grubman & Payne LLP 3:00 Adjourn MCLE CREDIT 12 HOURS (3 ETHICS) MCLE COURSE NO: This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants in Civil Trial Law. Our thanks to our sponsor State Bar of Texas Insurance Trust 3
4 fyi I N F O R M A T I O N Ways to Save on This Course! Meet the Register By Deadline and Save $50 because early registrations help us ensure that sufficient course books, seating, and refreshments are available. No confirmation will be sent. Course materials and seating will be reserved for pre-registrants until the start of the first topic. Intellectual Property Section Members Can Save $75 by registering no later than the Register by date for that course (thereafter, save $25); see the registration form. Not a member? To join, sections@ texasbar.com or phone , x1425. Please do not send Section membership payment with your registration fee. Earn Discounts by Registering Five or More from your firm or agency. Contact Firm & Group Sales Representative Laura Angle of TexasBarSolutions at or langle@texasbar.com. State Bar Policy Allows Active State and Texas-Area Federal Judges to Attend for Free provided (1) the course is directly related to their tribunal s jurisdiction, (2) they are full-time judges or judges retired under the Texas Judicial Retirement System and (3) space is available for all paying registrants. This privilege does not extend to receivers, trustees, court staff, or persons serving part-time in any judicial capacity. NOTE: Judges must actually attend to receive course materials. Parking Information for Attendees Not Staying at the Hotel Austin Four Seasons (Valet Only) $10 per day. Alternative Parking Austin Convention Center Parking Garages - $7 per day 2nd Street Garage: 201 E. 2nd, 2 blocks west of Convention Center, between Cesar Chavez and 2nd Street. Entrances are on Brazos and San Jacinto streets. 5th Street Garage: 601 E. 5th, the northeast corner of facility at Red River and 4th Street, with the entrance on 5th Street. If You Need Special Accommodations to Attend, please contact us as soon as possible at , x1797, in advance of your arrival so that assisted parking can be arranged for drivers of handicapdesignated vehicles. Registered But Can t Attend? Still Earn Participatory Credit and receive course materials by (1) calling , x1574 to transfer your registration to a later presentation or (2) taking the course online later, in which case you ll automatically be sent the course materials; see FREE TO OUR REGISTRANTS!, below. However, if you wish a refund instead, mail or fax ( ) your request so that we receive it at least one business day before the program. FREE TO OUR REGISTRANTS! Online Videos of the Presentations & PDFs of the Course Materials will be available to registrants 6-8 weeks after the course. Provide us your address when registering and we ll alert you when these benefits are available and how to access them. (Note: Presentation lengths may vary from that which was advertised.) There s no extra charge; as a registrant, you re already entitled! Policy of Impartiality The State Bar of Texas does not endorse political candidates. When a candidate for public office is included in promotion for or participates in a TexasBarCLE event, the State Bar is not taking a position for or against anyone s candidacy. Reserve Your Hotel Room By February 7, 2010 Hotel rooms have been blocked at special rates on a space available basis. To make a reservation, contact the hotel and indicate that you will be attending the State Bar of Texas Course. AUSTIN Live Four Seasons Hotel 98 San Jacinto Blvd. Austin, TX $189/night (single/double) Deadline: February 7, 2010 The reserved block of rooms may fill up before the deadline indicated. Act now! Steven C. Malin...San Antonio Planning Committee Michael R. Barre...Austin Shannon Warren Bates... Plano Georgianna W. Braden, PhD...Houston Scott W. Breedlove...Dallas Andrew G. DiNovo...Austin Genie (Eugenia S.) Hansen...Dallas Kristin Jordan Harkins... Plano David Richard Hofman...Sugar Land Sharon A. Israel...Houston Wei Wei Jeang...Richardson Carey Christine Jordan...Houston Ted D. Lee...San Antonio Alan Dawson Lightfoot... Plano Van Edward Lindberg...Murphy Craig M. Lundell...Houston Thomas McDowell Morrow...Houston Robert Warren Payne...Monterey, CA William P. Ramey...Houston Hope Corrine Shimabuku... Irving Miguel Villarreal, Jr...San Antonio TexasBarCLE Planning Team Adriana Resendez...Sr. Planning Attorney Mary McDonald... Program Coordinator State Bar of Texas Roland Johnson... President David Fisher... Chair of the Board Terry Tottenham...President-Elect Harper Estes... Immediate Past President Cori Harbour...TYLA President F. R. Buck Files, Jr...Chair, CLE Committee John Sloan...Chair, Board PDP Committee Michelle E. Hunter...Executive Director Patrick A. Nester... Director, TexasBarCLE 4
5 Registration Form w a y s t o r e g i s t e r Online TexasBarCLE.com credit card only Phone , x1574 during business hours credit card only Fax credit card only Mail State Bar of Texas - CLE LB # P. O. Box Dallas, TX check or credit card Registering five or more? Laura Angle at laura.angle@texasbar.com for group discount information. On the Advanced Course save up to $75! Advanced Intellectual Property Law Course I choose to attend: Advanced Intellectual Property Law Course [5140] q Austin LIVE, March $695 Take $50 OFF: Register by February 18, I want my Advanced Course materials format to be: q Electronic materials (PDFs on a USB drive) q Hard-copy materials q BOTH so I ll ADD $80 Advanced Trademark Workshop [5141] q Austin LIVE, March $195 Your registration fee for the Advanced Intellectual Property Course includes: Breakfast and lunch each day Convenient electrical access. Bring your laptop! 3 I m entitled to 1 or 2 discounts on the Advanced Course: q $50 OFF because I m registering by the Register by date at the left. (If by mail, date of postmark will be determinative.) q $25 OFF because I m a member of the Intellectual Property Law Section, the State Bar College, the Legal Administrators or Paralegal Division -OR- I am licensed 2 years or less. $ is my total for course(s) and materials. q As a judge, I AFFIRM I qualify under (State Bar Policy Manual) for complimentary admission (see pg. 4). 4 I can t attend. Just send course materials.* FREE Shipping & Handling q Advanced IP Course books $155 set q Advanced IP Course audio CDs $230 per set q Advanced IP Course materials on USB drive.... $155 each q Workshop book $45 each q Advanced IP Course audio MP3 speeches on CD... $150 per set 5 I am paying by: q Check (enclosed) payable to the State Bar of Texas for $ q Visa q MasterCard q AMEX q Discover PLEASE PRINT LEGIBLY Account No. Exp. Date Name on card (Please print) Signature State Bar Membership No. Name Firm Name/Court Address for Bar-Related Mail City/State Zip Phone ( ) Fax ( ) *PDFs of course materials will be available for purchase 6-8 weeks after the course in the Online Library at TexasBarCLE.com. Registrants receive access to the PDFs at no additional charge (see Free to Our Registrants in this brochure). Plus 8.25% sales tax on total. Please include sales tax or attach an exemption certificate. Orders for books, USBs, and audio CDs are shipped separately and filled 4-6 weeks after the live program. A bill will be sent unless a credit card charge is authorized on this form. QUESTIONS? , x
6 State Bar of Texas P.O. Box Austin, TX rd Annual Advanced Intellectual Property Law Course LIVE March 4-5, 2010 Austin NON PROFIT ORGANIZATION U.S. POSTAGE PAID PERMIT NO AUSTIN, TEXAS More options than any other Texas provider Seminars Over 300 days each year. Choose from over 20 multi-day, advancedlevel courses for experienced lawyers, as well as other institutes on a full spectrum of basic, intermediate, and specialized topics. Webcasts The hottest CLE, as it happens. Studio-quality webcasts include cutting-edge topics, recent case decisions, and practical, how-to discussions. Attend one from any computer, then use the online form to claim participatory MCLE credit. The Online Library Treatises at your fingertips. SEARCH THOUSANDS of course articles for free. Buy as needed or subscribe to download all you want. Articles are $29 each; an annual subscription is just $295 plus tax. The Online Classroom Need MCLE credit right now? CHOOSE FROM HUNDREDS of recent CLE presentations online, most with downloadable materials. DVD CLE CLE events at our lowest prices. SELECT FROM HUNDREDS of recent DVDs and articles to plan CLE for your office. We can arrange participatory MCLE and Legal Specialization credit. Keep the DVDs and materials for your library. TexasBarSolutions Earn discounts and cut costs. FIRM AND GROUP Sales Consultant Laura Angle can help identify your firm s CLE needs and suggest ways to keep up to date, efficiently and affordably. TexasBarBooks For your desk and your desktop. OUR LEGAL EDITORS collaborate with volunteer committees of experts in various practice areas. Order books, practice manuals, and forms in hard copy or on CD-ROM, including works updated regularly to reflect legislative changes. Law Practice Management Streamline your practice. DISCOVER RESOURCES to help start a practice, or use the online tool to assess your operations. the FREE stuff Free Legal Research OPEN TO ALL Texas attorneys, this service allows keyword searches of primary law for free. Use Casecheck to access later cases citing the one you re reading. Free to Our Registrants REGISTRANTS may review course videos as often as they like in the Online Classroom. Similarly, seminar materials become available to registrants in the Online Library both, at no extra charge. Free CLE Videos & Articles EVERY OTHER MONTH TexasBarCLE.com offers a new half-hour topic for free. Watch at your convenience and claim participatory MCLE credit. Browse course listings for dozens of free CLE articles. Ten Minute Mentor A COPRODUCTION of TexasBarCLE and the Texas Young Lawyers Association, Ten Minute Mentor houses hundreds of free instructive videos by leading lawyers.
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