IP Forum

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IP Forum
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March 17-18, 2008 Intellectual Property Institute

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B E V E R LY H I L L S, C A L I F O R N I A M O N DAY & T U E S DAY

B E V E R LY H I L L S H OT E L MARCH 17 & 18, 2008









2008 USC GOULD SCHOOL OF LAW



INTELLECTUAL PROPERTY

FEATURING:

INSTITUTE

The Federal Circuit Today – with The Honorable Paul Michel,

The Honorable Haldane Robert Mayer and The Honorable Richard Linn;

moderated by Ted Olson

The Future of the DMCA – with Congressman Howard L. Berman and the

key participants in the drafting of the DMCA

LUNCHEON KEYNOTE – CONGRESSMAN HENRY A. WAXMAN









Find your direction!

MCLE/CPE CREDITS AVAILABLE!

REGISTER NOW ONLINE!

http://law.usc.edu/academics/cle/ip.cfm

Important!

The USC Gould School of Law 2008 Intellectual Property Institute is the

region’s most important conference of the year for the IP professional. At

this two-day event, the IP industry’s top legal experts and business

practitioners spotlight key legal and business issues in patent, copyright,

trademark, trade secrets, international IP and related fields.





Sophisticated!

USC Law IP Institutes are renowned for their practical and academic high-

level focus. The 2008 Institute continues this dedication to keeping

decision-makers and their advisors at the forefront of emerging issues

and best practices.





Unique!

Nowhere else will you find such a spectacular lineup of speakers and

panels – straight talk from the Federal Circuit with Judges Paul Michel,

Haldane Robert Mayer and Richard Linn, moderated by Ted Olson; on the

future of the DMCA with Congressman Howard L. Berman and the key

participants in the drafting of the DMCA; on patent law developments

and trademark law with Institute favorites Professor Mark Lemley and

Professor Tom McCarthy; and on the challenges of intellectual property

and other legislative issues currently facing the nation and the 110th

Congress in this Presidential Election year with luncheon keynote

Congressman Henry A. Waxman.





Can’t-Miss!

This is your opportunity to get creative ideas, real-world proven solutions

and up-to-the-minute information on the crucial challenges in the field

from IP experts!





Limited Enrollment!

The 2007 Institute sold out – so register early to reserve your spot! Don’t

miss the event for IP professionals!





Special Session Monday Afternoon!

Join us at an interactive General Counsel Forum on Monday, March 17,

2008. The Forum is co-sponsored by the Southern California Innovation

Project and will focus on the important topics general counsel in IP fields

must consider. It is designed for senior lawyers and general counsel.

Limited seating is available. Register online or by completing the inside

back cover of this brochure. An additional fee will be charged.





Find Your Direction!



1

>>> quick program guide

MONDAY

March 17, 2008 Special interactive General Counsel Forum co-sponsored by the

Southern California Innovation Project and designed for senior lawyers

and general counsel. Limited seating is available.

02:30 PM Registration

The Beverly Hills Hotel, Beverly Hills, California

03:00 PM General Counsel Forum: Bigger Picture, Better Advice – Meeting the

Needs of the Innovative Firm

TUESDAY

March 18, 2008 TAILORED TO YOUR NEEDS! TUESDAY AFTERNOON, CHOOSE BETWEEN:

TRACK A COPYRIGHT & INTERNATIONAL TRACK

TRACK B PATENT & LITIGATION TRACK

TRACK C TRADEMARK TRACK

07:30 AM Registration and Continental Breakfast

The Beverly Hills Hotel, Beverly Hills, California

08:30 AM Welcome and Introductions

08:35 AM Life (and Intellectual Property) at the Federal Circuit Today

10:30 AM Networking Break

10:45 AM Lemley’s Patent Year in Review

11:15 AM A Decade Under the Digital Millennium Copyright Act: the Good,

the Bad, and the Ugly

12:15 PM Luncheon and Keynote Address

Congressman Henry A. Waxman

“The Congressional Challenge – Complex IP and Other Legislation

in this Presidential Election Year”

01:45 PM Breakout Session 1A – Copyright & International Track

Fair Use or Unfair Infringement?

Breakout Session 1B – Patent & Litigation Track

IP and the Life Sciences Industry

Breakout Session 1C – Trademark Track

Trademark Dilution: Where Are We Now and What’s Next?

02:55 PM Networking Dessert Break

03:10 PM Breakout Session 2A – Copyright & International Track

The Implications of a Global Internet on Copyright Law

Breakout Session 2B – Patent & Litigation Track

What’s the Case Worth? Selected Damages Issues (Non-Infringing

Alternatives / Post-eBay Compulsory Licenses)

Breakout Session 2C – Trademark Track

Branding: Focus on Sports Entertainment

04:15 PM Passing Period

04:20 PM Breakout Session 3A – Copyright & International Track

The 2008 Beijing Olympic Games: A Springboard to a New Era of

Entertainment Deal-Making in China?

Breakout Session 3B – Patent & Litigation Track

Post-Seagate Fall-Out: Can Willful Infringement Allegations Survive?

Are the Privilege Waiver Boundaries Clear?

Breakout Session 3C – Trademark Track

eCommerce and the Hottest Issues in Internet Trademark Law

05:30 PM Networking Reception – Meet the Speakers at our Hosted Reception!

Hosted by







2

supporters



We gratefully acknowledge the supporters of the 2008 Institute:



Analysis Group, Inc. LECG, LLC



Arnold & Porter LLP Manatt, Phelps & Phillips, LLP



Blakely Sokoloff Taylor & Zafman, LLP McDermott, Will & Emery LLP



Christie, Parker & Hale, LLP McKool Smith



Cornerstone Research Mitchell Silberberg & Knupp LLP



Deloitte Financial Advisory Services, LLP Morrison & Foerster LLP



Duane Morris LLP Munger, Tolles & Olson LLP



Dykema Gossett LLP National Association of Record Industry

Professionals

Electronics for Imaging, Inc. (EFI)

Navigant Consulting, Inc.

ERS Group

O’Melveny & Myers LLP

Federal Circuit Bar Association

Orrick, Herrington & Sutcliffe LLP

Fenwick & West LLP

PaulHastings

Foley & Lardner LLP

Pillsbury Winthrop Shaw Pittman LLP

FTI Consulting, Inc.

Russ August & Kabat

Fulbright & Jaworski L.L.P.

Sidley Austin LLP

Gibson, Dunn & Crutcher LLP

Skadden, Arps, Slate, Meagher &

Greenberg Traurig, LLP Flom LLP

Heller Ehrman LLP Sonnenschein Nath & Rosenthal LLP

Hogan & Hartson LLP Sughrue Mion, PLLC

Irell & Manella LLP Thomson Inc.

Jeffer, Mangels, Butler & Marmaro LLP Townsend and Townsend and Crew LLP

Jones Day Warner Bros. Entertainment Inc.

Juniper Networks, Inc. Weston Benshoof Rochefort Rubalcava

Kirkland & Ellis LLP & MacCuish LLP



Knobbe Martens Olson & Bear LLP Wilson Sonsini Goodrich & Rosati



Kroll Winston & Strawn LLP



Latham & Watkins LLP





For a complete and up-to-date list of Institute supporters, please visit our website:

http://law.usc.edu/academics/cle/ip.cfm







3

2008 USC GOULD SCHOOL OF LAW



INTELLECTUAL PROPERTY

INSTITUTE

monday MARCH 17, 2008







New for 2008: The Institute and the Southern California Innovation Project

present an interactive session focused on issues of importance to general counsel. The

session is designed for senior lawyers and general counsel. Limited seating is available.

An additional fee will be charged.





3:00 PM

General Counsel Forum: MODERATOR

Bigger Picture, Better Advice – Meeting the Professor Gillian K. Hadfield

Needs of the Innovative Firm Richard L. and Antoinette S.

Kirtland Professor of Law and

Join a discussion with top general counsel.

Professor of Economics

Today’s markets demand that clients be more

Co-Director, Southern California

innovative and entrepreneurial. What will

Innovation Project

differentiate law firms in their ability to

Co-Director, Center in Law,

support and add value to clients’ innovative

Economics and Organization

efforts? Increasingly, clients must look beyond

USC Gould School of Law

simply obtaining strong IP skills and delivery of

services to forge relationships with outside PANELISTS

counsel. Regardless of the types of IP services Harvey J. Anderson

being delivered – patent, trademark, copyright, General Counsel

content protection, litigation – law firms will be Mozilla

expected to develop new tools to anticipate Mountain View, California

and appreciate how internal company policies

Jonathan H. Anschell

and issues, together with external competitive

Executive Vice President and

forces, must be considered in order to bolster

General Counsel

the bottom line of revenue streams. Learn in

CBS Entertainment

this session – featuring leading general counsel

– how to focus beyond IP matters to support Mark Chandler

the benefits of IP and adopt a “big picture” General Counsel

approach to becoming a business partner with, Cisco Systems, Inc.

and not just a legal expense for, your clients San Jose, California

while meeting their ever-expanding innovative

Mitchell Gaynor

marketplace needs.

General Counsel

Juniper Networks, Inc.

Sunnyvale, California



Paul Lippe

Chief Executive Officer

Legal OnRamp

Los Altos, California





5:00 PM

Interactive Discussion, including a

Question and Answer Period

6:00 PM

Networking Cocktail Reception





4

*

luncheon

MARK A. LEMLEY

keynote speaker

WILLIAM H. NEUKOM PROFESSOR OF LAW

STANFORD LAW SCHOOL

CONGRESSMAN HENRY TECHNOLOGY

DIRECTOR, STANFORD PROGRAM IN LAW, SCIENCE ANDA. WAXMAN



“The Congressional Challenge – Complex IP and Other

Legislation in Professor of Law Election Year"

Mark A. Lemley is the William H. Neukom this Presidential at Stanford Law School,

the Director of the Stanford Program in Law, Science and Technology, and the

Congressman Henry A. Waxman

Director of Stanford’s LLM Program in Law, Science and Technology. He teaches

United States Congress

intellectual property, computer and Internet law, patent law, and antitrust. He is also

RepresentativeNest,the 30th District in the areas of

of counsel to the law firm of Keker & Van for where he litigates

Chairman, Committee

antitrust, intellectual property and computer law. on Oversight and

Government Reform

A learned and engaging speaker with broad expertise, Professor Lemley is a noted

Rep. in IP A. antitrust areas. He California’s 30th Congressional multiple editions)

expertHenryandWaxman represents is the author of six books (all in District, which

includes the cities of Santa related Beverly including the two-volume treatise

and 81 articles on these and Monica,subjects,Hills, Agoura Hills, Calabasas, Hidden

Hills, Antitrust. He has Village and times before Congress and numerous times

IP and Malibu, Westlake testified fiveWest Hollywood, as well as such areas in Los

before the California legislature, the Federal Trade Commission and the Antitrust

Angeles as Beverly-Fairfax, Pacific Palisades, Brentwood and Topanga.

Modernization Commission on patent, trade secret, antitrust and constitutional law

In 2007, Rep. Waxman became amicus briefs before the U.S. Supreme Court,

matters, and has filed numerous Chairman of the Committee on Oversight andthe

Government Reform, the principal investigative courts of appeals.

California Supreme Court, and the federal circuit committee in the House. From 1997

to 2006, he served as Ranking Member of the Committee, conducting investigations

Professor Lemley has been named California Lawyer’s Attorney of the Year (2005),

into a wide range of topics, from the high cost of prescription drugs to waste, fraud

one of the 100 most influential lawyers in the nation by the National Law Journal

and abuse in government contracting. He formed a Special Investigations Division

(2006), one of the top 25 intellectual property lawyers in California (2003), one of the

that prepared hundreds of in California reports on local and national topics 2006),

100 most influential lawyers investigative by the Daily Journal (2004, 2005 andfor

Members the 500 leading lawyers in the country by Lawdragon Magazine.

and one of of Congress.

The investigations he has launched include Hall School of Law at the University

Professor Lemley received his J.D. from Boaltthe relationship between the White of

House and Berkeley, and his A.B. in Iraq; and the politicization of he was chosen

California at Enron; contract abusesfrom Stanford University. In 2002 science and such

Boalt’s Young Alumnus of the Year. After graduating from law school, he clerked for

issues as global warming and its environmental impact. He has also fought for

disclosure of Nelson on the United States Court of Appeals for the Ninth Circuit,

Judge Dorothythe names of the energy industry lobbyists who shaped the White

House energy plan. He has fought efforts by the EPA he was air Marrs McLean

and practiced law in Silicon Valley. Until January 2000, to relaxthe and water

pollution standards. Rep. Waxman Texas School of Law, and until June 2004 he

Professor of Law at the University ofand the Oversight Committee are currently was

the Elizabeth Josslyn Boalt Chair in Law at the Boalt Hall School of Law, University of

examining Senator George Mitchell’s report on the illegal use of steroids in Major

California at Berkeley.

League Baseball.



Throughout the 1980s, Rep. Waxman championed national health care reform. He

has been an advocate for prescription drug coverage in Medicare for people with

high drug expenses. He has also been a longtime defender of the environment, and

most recently introduced the Safe Climate Act of 2006, which would set emissions

targets. He was one of the primary authors of the 1990 Clean Air Act, which set out

a comprehensive program to combat smog, acid rain, toxic air emissions and ozone

depletions.



Rep. Waxman was a guiding force behind the Drug Price Competition and Patent

Term Restoration Act of 1984, usually referred to as the Hatch-Waxman Act. The

Hatch-Waxman Act was designed to promote generics while leaving intact a

financial incentive for research and development. It allows generics to win FDA

marketing approval by submitting bioequivalence studies and grants a period of

additional marketing exclusivity to make up for the time a patented pipeline drug

remains in development.



Prior to his election to Congress, Rep. Waxman served three terms in the California

State Senate Assembly.









5

2008 USC GOULD SCHOOL OF LAW



INTELLECTUAL PROPERTY

INSTITUTE

tuesday MARCH 18, 2008









8:30 AM

Welcome and Introductions Terence J. Clark

Institute Chair

Greenberg Traurig, LLP



Leeanna Izuel

Institute Executive Director

Assistant Dean

Continuing Legal Education

USC Gould School of Law





8:35 AM

Life (and Intellectual Property) at the MODERATOR

Federal Circuit Today Theodore B. Olson

Gibson, Dunn & Crutcher LLP

A panel of distinguished Federal Circuit judges,

Washington, D.C.

moderated by a leading Supreme Court

practitioner, will discuss everything from PANELISTS

appellate advocacy to the emerging prominence The Honorable Paul R. Michel

of patent and other intellectual property matters Chief Judge

in the Supreme Court. United States Court of Appeals

for the Federal Circuit

Questions for the Judges?

Washington, D.C.

Email your questions to cle@law.usc.edu

and we will share them with the Judges The Honorable

before the Institute. Haldane Robert Mayer

United States Court of Appeals

for the Federal Circuit

Washington, D.C.



The Honorable Richard Linn

United States Court of Appeals

for the Federal Circuit

Washington, D.C.







10:30 AM Networking Break





10:45 AM

Lemley’s Patent Year in Review SPEAKER

Professor Mark A. Lemley

Back by popular demand, Professor Mark Lemley

William H. Neukom Professor of Law,

will provide a whirlwind tour through the most

Stanford Law School

significant patent law developments in the

Director, Stanford Program in Law,

Supreme Court and the Federal Circuit.

Science and Technology

Of Counsel, Keker & Van Nest LLP



continued>>>

6

11:15 AM

A Decade Under the Digital Millennium MODERATOR

Copyright Act: the Good, the Bad, Professor F. Jay Dougherty

and the Ugly Professor of Law

Loyola Law School

It has been 10 years since the DMCA was

enacted with the expressed intent of balancing PANELISTS

the interests of copyright owners and Internet Congressman Howard L. Berman

service providers. The panel – a Congressman United States Congress,

who is a key member of the House Committee Representative for the 28th

on the Judiciary, key participants in the drafting District

of the DMCA, practitioners, and an academic – Chairman, Subcommittee on

examine the results and discuss the future of the Courts, Intellectual Property and

DMCA in the context of judicial, legislative and the Internet, U.S. House Judiciary

technological developments. Committee



Bruce G. Joseph

Wiley Rein LLP

Washington, D.C.



Steven J. Metalitz

Mitchell Silberberg & Knupp LLP

Washington, D.C.





12:15 PM LUNCHEON AND KEYNOTE ADDRESS

"The Congressional Challenge – Complex IP and Other Legislation in this

Presidential Election Year"

Congressman Henry A. Waxman

United States Congress, Representative for the 30th District

Chairman, Committee on Oversight and Government Reform

One of the nation's leading lawmakers will discuss the challenges of intellectual property

and other legislative issues currently facing the nation and the 110th Congress in this

Presidential Election year. Join Rep. Waxman for his behind-the-scenes views and insider

perspectives on the current state of IP and additional legislative challenges,

considerations, prospects and expectations that you cannot get from the news reports.





1:45 PM

BREAKOUT SESSION 1A

COPYRIGHT & INTERNATIONAL TRACK



Fair Use or Unfair Infringement? MODERATOR

Michael D. Young

Copyright’s “Fair Use” doctrine has always been a

Weston Benshoof Rochefort

murky morass of conflicting goals and noble

Rubalcava MacCuish LLP

intentions. Is it the stalwart protector of the

development of new content and the PANELISTS

advancement of new thought and technology, or Jonathan Band

the shameless rationalization for the license-free Jonathan Band PLLC

infringement of the work of others? This diverse Washington, D.C.

panel of national fair use experts will explore the

Anthony Falzone

development of the fair use doctrine, and

Executive Director, Fair Use Project

critique (and debate) its application to current

Stanford Law School

events and factual situations, with special

Stanford, California

attention to the latest case law. Throughout its

discussion, the panel will question whether fair Professor Lionel S. “Lon” Sobel

use can ever be used to safely guide pre-litigation Southwestern Law School

behavior, or whether it is nothing more than a Professor of Law and

defense to litigation. Director of the International

Entertainment & Media Law

Summer Program

in London, England



7

TAILORED TO YOUR NEEDS! CHOOSE BETWEEN:

TRACK A COPYRIGHT & INTERNATIONAL TRACK

TRACK B PATENT & LITIGATION TRACK

TRACK C TRADEMARK TRACK









BREAKOUT SESSION 1B

PATENT & LITIGATION TRACK



IP and the Life Sciences Industry MODERATOR

Anthony M. Insogna

Representatives of the biotech, big pharma and

Jones Day

generics industry will discuss current issues

San Diego, California

arising under the Hatch-Waxman Act, the

debate over “follow-on” or generic biologics, PANELISTS

and other critical intellectual property matters Monique Cordray

affecting the life sciences industry. Vice President, Law

Amgen Inc.



Jay R. Deshmukh

Senior Vice-President,

Global Intellectual Property

Ranbaxy Laboratories, USA

Princeton, New Jersey



Bernard F. Plantz

Associate Patent Counsel

Johnson & Johnson

New Brunswick, New Jersey









BREAKOUT SESSION 1C

TRADEMARK TRACK



Trademark Dilution: Where Are We Now MODERATOR

and What’s Next? Paul Reidl

Associate General Counsel

Join distinguished Professors Thomas McCarthy

E. & J. Gallo Winery

and Roger Schechter for a lively discussion on

Modesto, California

the current state of the Trademark Dilution Law

in the United States. The panel will be joined by PANELISTS

Paul Reidl, Associate General Counsel for E. & J. Professor J. Thomas McCarthy

Gallo Winery and past President of INTA. Our McCarthy Institute for IP and

panelists will share their insights and opinions Technology Law

on what to expect in the future as dilution University of San Francisco

cases develop and work their way through the Of Counsel

United States courts and TTAB. Morrison & Foerster LLP

San Francisco, California



Professor Roger E. Schechter

Professor of Law

The George Washington University

Law School

Washington, D.C.









continued>>>



2:55 PM Networking Dessert Break

8

TAILORED TO YOUR NEEDS! CHOOSE BETWEEN:

TRACK A COPYRIGHT & INTERNATIONAL TRACK

TRACK B PATENT & LITIGATION TRACK

TRACK C TRADEMARK TRACK









3:10 PM

BREAKOUT SESSION 2A

COPYRIGHT & INTERNATIONAL TRACK



The Global Impact of the Internet MODERATOR

on Copyright Law Mark Litvack

Reed Smith

The Internet is a global platform. How does

Former Vice-President and

it impact on enforcement of United States

Director, Legal Affairs,

and other copyright laws around the world?

World-Wide Anti-Piracy

European and Pacific Rim practitioners, as

Motion Picture Association of

well as the General Editor of the leading

America

treatise on international copyright, will

discuss resulting problems and issues. In PANELISTS

cross-border cases, these include addressing Paul Edward Geller

the right forum, avoiding or resolving Attorney, Los Angeles

conflicts of laws, and focusing remedies. General Editor, International

Copyright Law and Practice



Jo Oliver

Vice President Litigation &

Regulatory Affairs

International Federation of the

Phonographic Industry

London, England









BREAKOUT SESSION 2B

PATENT & LITIGATION TRACK



What’s the Case Worth? SPEAKERS

Selected Damages Issues Professor Jonathan Barnett

(Non-Infringing Alternatives / Post eBay Assistant Professor of Law

Compulsory Licenses) USC Gould School of Law



Non-infringing alternatives and compulsory Alexander L. Brainerd

licenses (as a result of MercExchange v. Heller Ehrman LLP

eBay) can each have a dramatic impact on San Francisco, California

the type and magnitude of damages that

Daniel J. Furniss

may be awarded in a patent infringement

Townsend and Townsend and

case. Learn from economic experts and

Crew LLP

experienced trial counsel about some of the

Palo Alto, California

strategies to employ, and issues to consider

when addressing these important factors. Blake B. Inglish

Managing Director

FTI Consulting, Inc.



Jeffrey H. Kinrich

Managing Principal

Analysis Group, Inc.









9

BREAKOUT SESSION 2C

TRADEMARK TRACK



Branding: Focus on Sports MODERATOR

Entertainment Jane Shay Wald

Irell & Manella LLP

Sports is big business. Come and explore

issues involving the development, PANELISTS

management and protection of Christine M. Garrity

trademarks in the sports arena. Sports Managing Director and General

marketing and licensing involve not only Counsel

sports products and services, but also The PGA of America

consumer products and services through Palm Beach Gardens, Florida

the use of tie-ins and promotions. Hear

Maidie E. Oliveau

about ownership, endorsements,

LawSports

merchandising, brand extension and anti-

piracy programs, taking into account Bruce B. Siegal

budgetary and other business concerns. Senior Vice President and General

Counsel

The Collegiate Licensing Company

An IMG Company

Atlanta, Georgia









continued>>>



4:15 PM Passing Period









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Downtown Los Angeles





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December 2008

Downtown Los Angeles





TAX

January 2009

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10

TAILORED TO YOUR NEEDS! CHOOSE BETWEEN:

TRACK A COPYRIGHT & INTERNATIONAL TRACK

TRACK B PATENT & LITIGATION TRACK

TRACK C TRADEMARK TRACK









4:20 PM

BREAKOUT SESSION 3A

COPYRIGHT & INTERNATIONAL TRACK



The 2008 Beijing Olympic Games: SPEAKERS

A Springboard to a New Era of Kelly Charles Crabb

Entertainment Deal-Making in China? Morrison & Foerster LLP

(International Counsel for

To the Chinese government, the 2008 Summer

Beijing Olympics)

Olympic Games mark a new era, and they have

worked hard to “raise their game” in the areas Ellen R. Eliasoph

of deal-making content production and Senior Of Counsel

intellectual property protection in order to meet Covington & Burling LLP

the demands of the global market. Our uniquely Washington, D.C.

qualified panel of China entertainment and IP (Former Managing Director

law practitioners will share their expertise in the Warner Bros. Pictures China)

areas of content production, media and

Seagull Haiyan Song

technology deal-making and IP protection

Arnold & Porter

experience, and discuss the extent to which the

Washington, D.C.

deal-making leading up to the Beijing Olympic

Former Partner

Games may set new precedents for future

King & Wood

sports, talent, cross-border entertainment,

(Domestic Counsel for Beijing

media and technology transactions and related

Olympics)

IP protection in China.









BREAKOUT SESSION 3B

PATENT & LITIGATION TRACK



Post-Seagate Fall-Out: Can Willful MODERATOR

Infringement Allegations Survive? Are the Mark A. Flagel

Privilege Waiver Boundaries Clear? Latham & Watkins LLP



What exactly did the Seagate Court decide? PANELISTS

How is the decision playing itself out in The Honorable Jeremy D. Fogel

litigation? Has the case had an impact on the United States District Court

role of opinion counsel? Should it have such an Northern District of California

impact? How can a patentee in Seagate’s San Jose, California

aftermath best preserve and prosecute a claim

Richard A. Huser

for willfulness? What is the best defense to such

Associate General Counsel

a claim? Hear debate and discussion on these

Thomson Inc.

issues and more from a distinguished District

Indianapolis, Indiana

Court judge, a Law School professor and two

experienced practitioners. Professor Douglas Lichtman

Professor of Law

School of Law

University of California

at Los Angeles









11

BREAKOUT SESSION 3C

TRADEMARK TRACK



eCommerce and the Hottest Issues in MODERATOR

Internet Trademark Law Ian C. Ballon

Greenberg Traurig, LLP

On the Internet, conduct takes the form of

Los Angeles, California, and

content – and therefore business conflicts

East Palo Alto, California

frequently are characterized as IP disputes.

Many Internet claims (such as linking, framing, PANELISTS

spoofing, spamming and disputes over Rose Hagan

sponsored links) have no corollaries in the Managing Counsel, Trademarks

physical world. Many of the rules of trademark Google Inc.

protection in the physical world don’t apply in Mountain View, California

the same way in cyberspace. With the advent of

Richard Nessary

Web 2.0, these differences are being brought

Associate General Counsel

into heightened focus. This panel will address

eBay Inc.

the hottest issues in Internet trademark law,

San Jose, California

including: using the Lanham Act to resolve

business conflicts on the Internet; sponsored

links: is there really a split of authority or just a

single muddled body of law; secondary

trademark liability; blog and social network

liability; eBay’s VeRO program and other

Internet “best practices”; and Internet

trademark usage guidelines and why the same

rules don’t apply online.







5:30 PM

Networking Reception

Meet the Institute speakers

at our hosted cocktail reception!







adjournment<<<









e continuing education credits

Lawyers. USC Gould School of Law, a State Bar of California-approved provider,

certifies that this activity qualifies for minimum continuing legal education credit.

Attendance on March 17 qualifies in the amount of 2.5 hours; attendance on March

18 qualifies in the amount of 7.5 hours. This event may meet the requirements for

continuing legal education credits in other states. Please check with the State Bar

Association or Supreme Court in the state in which you are seeking continuing legal

education credits to see if this program is eligible.



Accountants. This program meets the guidelines set by the California State Board of

Accountancy in the amount of 3.0 hours for March 17, and 7.0 hours for March 18.







12

? frequently asked questions





REGISTRATION



The Registration fees are outlined on the inside back cover of this brochure. Your

fee includes all Tuesday Institute sessions, the Institute luncheon, all refreshment

breaks, the Tuesday cocktail reception, and a copy of the Institute Syllabus (an

up-to-date volume of analyses and other practical materials prepared by our

speakers). Registration for the General Counsel Forum on Monday, March 17,

2008, requires an additional fee. Limited seating is available.







BADGE PICK-UP



All badges will be held at Will Call, which is open from 2:30 PM to 4:00 PM on

Monday, March 17, 2008, in the Rodeo Foyer, and again at 7:30 AM on Tuesday,

March 18, 2008, in the Crystal Foyer. No badges will be mailed.







SYLLABUS



An up-to-date reference volume of analyses and practical materials prepared by

our speakers will be distributed to registrants at the Institute. Additional copies

of the Institute Syllabus may be purchased after the Institute for $150 each (print

format) or $60 each (CD-ROM format), subject to availability.



To purchase a Syllabus, order online at http://law.usc.edu/academics/cle/ip.cfm

or email cle@law.usc.edu.







EXHIBITORS



Exhibit at this year’s Institute. Take advantage of a can’t-miss way to market your

business to an informed and interested audience. The 2007 Institute was a

sellout and availability is limited, so sign up early. Contact the USC Gould School

of Law Continuing Legal Education Office for more information at (213) 740-2582

or email us at cle@law.usc.edu.









13

executive committee

Terence J. Clark

Institute Chair

Greenberg Traurig, LLP



Leeanna Izuel

Institute Executive Director

USC Gould School of Law



Charles S. Barquist

Morrison & Foerster LLP



Wayne M. Barsky

Gibson, Dunn & Crutcher LLP



Morgan Chu

Chair Emeritus

Irell & Manella LLP



Russell J. Frackman

Mitchell Silberberg & Knupp LLP



Gillian K. Hadfield

USC Gould School of Law



Susan L. Heller

Greenberg Traurig, LLP



Ronald L. Johnston

Arnold & Porter LLP



Philip H. Lam

City of Los Angeles



Michael A. Tomasulo

Jones Day



Jennifer M. Urban

USC Gould School of Law









contact information



USC Gould School of Law









i

Continuing Legal Education

699 Exposition Boulevard, Room 313

Los Angeles, CA 90089-0071



Telephone: 213-740-2582

Facsimile: 213-740-9442

Email: cle@law.usc.edu



Our office hours are 9:00 AM to 5:00 PM Pacific Standard Time.

Visit our website at http://law.usc.edu/academics/cle/ip.cfm.







14

planning committee

Terence J. Clark Mark A. Flagel

Greenberg Traurig, LLP Latham & Watkins LLP

Institute Chair

Russell J. Frackman

Leeanna Izuel Mitchell Silberberg & Knupp LLP

USC Gould School of Law

Institute Executive Director Steven M. Glick

Thomson Inc.

Robert G. Badal

Heller Ehrman LLP Tamerlin J. Godley

Munger Tolles & Olson LLP

Debra Baker

Deloitte Financial Advisory Services LLP Michael A. Gold

Jeffer, Mangels, Butler & Marmaro LLP

Charles S. Barquist

Morrison & Foerster LLP Robert J. Goldman

Ropes & Gray

Wayne M. Barsky

Gibson, Dunn & Crutcher LLP Andrew Grossman

Pillsbury Winthrop Shaw Pittman LLP

Samuel F. Baxter

McKool Smith Gillian K. Hadfield

USC Gould School of Law

Robert J. Benson

Hogan & Hartson LLP Scott C. Harris

Law Offices of Scott C. Harris

Andrew P. Bridges

Winston & Strawn LLP Benjamin W. Hattenbach

Irell & Manella LLP

James C. Brooks

Orrick, Herrington & Sutcliffe LLP Mark Hayden

Deloitte & Touche LLP

Rachel M. Capoccia

Hogan & Hartson LLP David L. Hayes

Fenwick & West LLP

Morgan Chu

Chair Emeritus Susan L. Heller

Irell & Manella LLP Greenberg Traurig, LLP



M. John Carson Ellie Hourizadeh

Foley & Lardner LLP McDermott, Will & Emery LLP



Marc H. Cohen Richard C. Hsu

Kirkland & Ellis LLP Townsend and Townsend and Crew LLP



Scott J. Coonan Eric S. Hyman

Juniper Networks, Inc. Blakely Sokoloff Taylor & Zafman, LLP



Jody Haller Drake Blake B. Inglish

Sughrue Mion, PLLC FTI Consulting, Inc.



Jonathan Eisenberg Woody Jameson

California Office of the Attorney General Duane Morris LLP



James L. Etheridge Ronald L. Johnston

Electronics for Imaging, Inc. (EFI) Arnold & Porter LLP



Marc A. Fenster Mimi H. Justice

Russ August & Kabat Deloitte & Touche LLP





15

Christopher J. Kelly J. Kevin Snyder

Mayer Brown LLP Dykema Gossett LLP



Jeffrey H. Kinrich Jonathan H. Steinberg

Analysis Group, Inc. Irell & Manella LLP



Catherine S. Kirkman George G. Strong, Jr.

Wilson Sonsini Goodrich & Rosati Cornerstone Research



Kelly M. Klaus Michael A. Tomasulo

Munger, Tolles & Olson LLP Jones Day



Philip H. Lam Christian Tregillis

City of Los Angeles Kroll



Lawrence R. LaPorte Jennifer M. Urban

Jones Day USC Gould School of Law



Michael K. Lindsey Bryan Vitner

PaulHastings LECG, LLC



Karl M. Manheim Michael J. Wallace

Loyola Law School Navigant Consulting, Inc.



Constantine Marantidis Karen Vogel Weil

Christie, Parker & Hale, LLP Knobbe Martens Olson & Bear LLP



Richard T. Ogawa Robert C. Weiss

Townsend and Townsend and Crew LLP Jones Day



James E. Pampinella Russell G. Weiss

Navigant Consulting, Inc. Morrison & Foerster LLP



Edward G. Poplawski Andrea Weiss Jeffries

Sidley Austin LLP Munger, Tolles & Olson LLP



Honorable T. Jeffrey Quinn Glenn E. Westreich

Trademark Trial and Appeal Board Winston & Strawn LLP

United States Patent and Trademark

Office Jeremy N. Williams

Warner Bros. Entertainment Inc.

Jeffrey G. Randall

Skadden, Arps, Slate, Meagher Mark P. Wine

& Flom LLP Orrick Herrington Sutcliffe LLP



Brett L. Reed Gregory B. Wood

ERS Group Fulbright & Jaworski L.L.P.



Erick S. Robinson Stephen A. Yamaguchi

McKool Smith University of Southern California



William J. Robinson Michael D. Young

Foley & Lardner LLP Weston Benshoof Rochefort

Rubalcava & MacCuish LLP

Mark A. Samuels

O’Melveny & Myers LLP Richard H. Zaitlen

Pillsbury Winthrop Shaw Pittman LLP

Robert F. Scoular

Sonnenschein Nath & Rosenthal LLP





16

i important information

LOCATION, PARKING AND HOTEL ACCOMMODATIONS



The Institute will be held at:

The Beverly Hills Hotel

9641 Sunset Boulevard

Beverly Hills, California 90210



(310) 276-2251

www.beverlyhillshotel.com



Discounted parking for the Institute is available at the Hotel at a rate of $10 per

day. Your valet ticket will be color-coded to reflect this discounted rate.

No stamp is necessary.



A limited number of rooms are available at the Hotel. For reservations, call the

Hotel at (310) 276-2251. If you desire other hotel accommodations, please contact

the USC Law CLE Office at (213) 740-2582, or email us at cle@law.usc.edu for a

complete listing of rooms available in the area.







DRESS CODE



The dress for the Institute is business attire. Please note that certain of the Hotel’s

lounges and restaurants require gentlemen to wear a jacket.







DIETARY/ACCESS REQUIREMENTS



Please contact the USC Gould School of Law Continuing Legal Education Office at

(213) 740-2582 or cle@law.usc.edu for assistance with any dietary or access needs.







REFUNDS



Any request for refunds must be in writing and postmarked, emailed, or faxed no

later than March 7, 2008. All requests will be processed following the Institute.

Refund requests may be submitted:



By mail to

IPI Refunds

USC Gould School of Law – Continuing Legal Education

699 Exposition Boulevard, Suite 313

Los Angeles, CA 90089-0071



By fax to (213) 740-9442



Or by email to cle@law.usc.edu

Design: STABINS DESIGN









All refund requests must be accompanied by the registrant’s Social Security number

(or Federal Tax Identification number for a firm or corporation). A processing fee of

$100 ($25 for student registrations) will be deducted from all refunds.







17

registration form

USC GOULD SCHOOL OF LAW 2008 INTELLECTUAL PROPERTY INSTITUTE

MONDAY & TUESDAY, MARCH 17 & 18, 2008



THREE WAYS TO REGISTER:



• Register online with Visa or Mastercard at http://law.usc.edu/academics/cle/ip.cfm

• Mail completed form with check or credit card information to:

USC Gould School of Law

CLE/IPI Registration

699 Exposition Boulevard, Suite 313

University of Southern California

Los Angeles, CA 90089-0071

• Fax completed form with credit card information to (213) 740-9442



SELECT REGISTRATION TYPE:



$425 Groups of Four or More from a Single Company for March 18

$450 Early-Bird Registration for March 18 (postmarked or faxed on or before

March 7, 2008)

$550 Early-Bird Registration for March 17 (space permitting) and March 18

(postmarked or faxed on or before March 7, 2008)

$495 Standard Registration for March 18 (postmarked or faxed after March 7, 2008)

$595 Registration for March 17 (space permitting) and March 18 (postmarked or

faxed after March 7, 2008)

$100 Full-Time Law Student Registration for March 18 (proof of enrollment required)

Law School:





Name of Registrant:

Please photocopy form for additional registrants

Firm/Company:



Address:



City: State: Zip:



Telephone: Fax:



Email:



SYLLABUS FORMAT PREFERENCE: (check one) CD-ROM Print

CHOICE OF BREAKOUT SESSIONS: (check one)

Copyright & International Patent & Litigation Trademark



Questions for the Judges? Email us at cle@law.usc.edu or write your question here:









PAYMENT BY CHECK: Please make checks payable to USC Gould School of Law.



PAYMENT BY CREDIT CARD: (Visa or MasterCard). I authorize the University of

Southern California to charge my Institute registration fee as noted above to the

following account: Visa MasterCard



Cardholder Name: (as printed on card)



Account No.: Exp. Date:



Signature:



18

CONTINUING LEGAL EDUCATION

USC Gould School of Law

Los Angeles, California 90089-0071









2008 USC GOULD SCHOOL OF LAW



INTELLECTUAL PROPERTY

INSTITUTE

Find your direction!

Don’t miss:

• Federal Circuit Judges Paul Michel, Haldane Robert Mayer and Richard Linn with Ted Olson

• Luncheon Keynote Congressman Henry A. Waxman

• Congressman Howard L. Berman and the key participants in the drafting of the DMCA

• Returning favorites Professors Lemley and McCarthy

plus a special session on lessons from the upcoming Beijing Olympics.



REGISTER NOW ONLINE at http://law.usc.edu/academics/cle/ip.cfm



THE 2007 INSTITUTE SOLD OUT – SIGN UP EARLY!


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