Friday, February 20, 2015

Transcription

1 Intellectual Property Litigation in Texas: Video Games, Damages, Patents and the Supreme Court Friday, February 20, 2015 Jackson Walker L.L.P. 100 Congress Avenue, Suite 1100 Austin, TX Presented by the Intellectual Property Litigation Regional CLE Committee of the ABA Section of Litigation

2 INTELLECTUAL PROPERTY LITIGATION IN TEXAS: Video Games, Damages, Patents and the Supreme Court Friday, February 20, 2015 Jackson Walker L.L.P. 100 Congress Avenue, Suite 1100 Austin, TX With the largest patent litigation docket in the country, the second largest video game industry in the country, a rapidly growing tech industry, and numerous Fortune 500 companies, Texas is a hotbed for intellectual property innovation and litigation. This program will address IP litigation practice in the Lone Star State, including patent litigation practice, and views from the bench. It will also address the future of soft IP law through recent United States Supreme Court decisions and the video game industry. Finally, a panel of experts will offer tips and tactics for recovering damages in IP litigation. A cocktail reception with networking opportunities will follow. 8:00 9:00 a.m. Registration PROGRAM AGENDA 9:00 9:15 a.m. Welcome & Introductory Remarks Robert P. Latham, Jackson Walker L.L.P., Dallas, TX Michael D. Steger, Stegar Krane LLP, New York, NY 9:15 10:30 a.m. They re Not Just for Kids: Video Games and the Future of Soft IP Law Stacy Allen, Jackson Walker L.L.P. (Austin, TX) William M. Hart, University of Texas School of Law, Austin, TX Emilio B. Nicolas, Jackson Walker, L.L.P., Austin, TX Edward H. Rosenthal, Frankfurt Kurnit Klein & Selz, PC, New York, NY Texas boasts one of the largest video game industries in the country trailing only California for the largest concentration of video game companies and talent. But Texas is not the only state shaping the future of the video game industry. Recent court decisions from both coasts have further defined the legal parameters of this multi-billion dollar industry, and in some instances are breaking new ground in soft IP law. Our panel of experts will examine recent video game industry cases of note, their impact on copyright, trademark, and right of publicity law, and analyze the issues affecting video game developers and content owners, all in the context of a hypothetical video game from development through exploitation and beyond. 10:30 10:45 a.m. Networking Break 10:45 12:00 p.m. Patent Litigation Practice in Texas Daniel P. DiNapoli, Kaye Scholer LLP, New York, NY Sylvia Becker, Kaye Scholer LLP, Washington, DC Michael D. Pegues, Bracewell & Giuliani LLP, Dallas, TX Michael Simons, Akin Gump Strauss Hauer & Feld LLP, Austin, TX Texas remains one of the go-to jurisdictions for patent litigation. In the past few years, the America Invents Act and appellate court decisions have changed the landscape for patent litigation in Texas and elsewhere. Our panel of experts will discuss the key changes and cases of note. The panel will explain the impact on patent litigation from recent Supreme Court decisions,

3 such as (i) Daimler AG v. Bauman, which redefined the limits of general jurisdiction over accused infringers, and (ii) Octane Fitness LLC v. Icon Health & Fitness Inc. and Highmark Inc. v. Allcare Health Mgmt. Sys. Inc., which redefined the standard for attorney fee shifting in patent cases to the prevailing party. Finally, the panel will discuss the impact of the AIA, specifically recent developments on coordinating patent litigation with the AIA s patent office procedures for challenging patent validity. 12:15 1:30 p.m. Lunch Presentation Views From the Bench About IP Litigation Practice: A Conversation With Texas Judges Robert P. Latham, Jackson Walker L.L.P., Dallas, TX Judge David Folsom, former Chief Judge, E.D. Tex., Jackson Walker L.L.P., Dallas, TX Judge Lee Yeakel, District Judge, W.D. Tex., Austin Division, Austin, TX Two judges from two different Texas judicial districts will offer their perspectives on what every IP litigator should know to make their lives and the lives of the judge, the judge s staff, and the jury easier in court. 1:45 3:00 p.m. A Robust Docket: Recent Supreme Court Copyright and Trademark Jurisprudence Michael D. Steger, Steger Krane LLP, New York, NY Tracy J. Willi, Willi Law Firm, P.C., Austin, TX Rebecca R. Younger, Pirkey Barber PLLC, Austin, TX In the past few terms the Supreme Court has expressed a renewed interest in trademark and copyright matters. Our panel of experienced copyright and trademark litigators will discuss several recent Supreme Court decisions, pending cases and possible disputes rising up through the circuit courts. We will explore the decision that shut down unauthorized retransmission of broadcast television in American Broadcasting Companies, Inc. v. Aereo, Inc., as well as the application of the laches doctrine in copyright claims in Petrella v. Metro-Goldwyn-Mayer, Inc. Recent trademark decisions and pending cases covering the availability of attorney s fees, tacking of new marks to old ones, the implications of a Trademark Trial and Appeal Board finding of likelihood of confusion, and false advertising will also be addressed. 3:00 3:15 p.m. Break 3:15 4:30 p.m. Presenting IP Damages: Proving Your Case or Poking Holes in Your Adversary s James E. Pampinella, Navigant, San Francisco, CA Louis Bonham, Osha Liang, LLP, Austin, TX Theodore F. Shiells, Shiells Law Firm, PC, Dallas, TX Renee C. Wong, Navigant, San Francisco, CA Proving liability is one thing. Proving damages is another. Our panel of experts will discuss recent cases and offer tips and tactics for proving or disproving damages in IP cases, including copyright, trademark, and patent infringement. 4:30 4:45 p.m. Closing Remarks Daniel P. DiNapoli, Kaye Scholer LLP, New York, NY Emilio B. Nicolas, Jackson Walker, L.L.P., Austin, TX 4:45 6:00 p.m. Networking and Cocktail Reception

4 Sponsored By The Intellectual Property Litigation Committee of the ABA Section of Litigation Program Organizers Michael D. Steger Steger Krane LLP 1601 Broadway, 12 th Floor New York, NY (212) Daniel DiNapoli Kaye Scholer LLP 425 Park Avenue New York, NY (212) Emilio B. Nicolas Jackson Walker L.L.P. 100 Congress Avenue, Suite 1100 Austin, TX (512) Intellectual Property Litigation Committee Co-Chairs Daniel D. Quick Dickinson Wright PLLC 2600 W. Big Beaver Road, Suite 300 Troy, MI (248) David Wolfsohn Duane Morris LLP 30 South 17 th Street Philadelphia, PA (215) Accommodations Attendees are responsible for making their own travel arrangements and hotel reservations. The following hotels are in close proximity to the location of the workshop (we recommend you make your reservations as soon as possible) The Radisson (512) Hampton Inn & Suites (512) The W Hotel (512) Four Seasons (512) Additional and ABA Preferred Hotels may be found at ABANet.org.

5 Registration: To register online, visit: Or return the Registration Form on the following page with your payment (checks only) to Kimberly Shadle at: Kimberly Shadle American Bar Association 321 N. Clark St. Chicago, IL Please register by February 18, 2015 to reserve your spot. Requests for refunds must be made in writing and received no later than February 18, 2015 in the ABA Section of Litigation office. Please your request to Kimberly Shadle at There will be a $10 administrative fee deducted from the refund. Cancellations received after February 18, 2015 will not be refunded; however, the Section will gladly accept substitutions for those unable to attend. MCLE Credit: The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs.. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit or contact Kimberly Shadle at Kimberly.Shadle@americanbar.org. Attire: Business casual dress is encouraged for all participants. Attendance List: Information included in the attendance list is protected by copyright and is solely intended for the individual and private use of ABA members in connection with the ABA s mission, goals and activities. All other use is strictly prohibited without prior written authorization from the ABA. Prohibited use includes but is not limited to the copying, renting, leasing, selling, distributing, transmitting or transfer of all or any portions of the materials, or use for any other commercial and/or solicitation purposes of any type, or in connection with any action taken that violates the ABA s copyright.

6 REGISTRATION FORM Name Affiliation Address City State Zip Code Telephone Fax ABA Member No. The information submitted on this registration form will be used only to create an attendance list for the Intellectual Property Litigation in Texas: Video Games, Damages, Patents, and the Supreme Court regional CLE workshop. A limited amount of scholarships are available for this program. For more information, please contact: Kimberly Shadle at Registration Information $ (Section of Litigation members; Government attorneys) $ (Non-Section members) No Charge (Law Students) Registration deadline is February 18, Checks for attendance and course materials should be made payable to the AMERICAN BAR ASSOCIATION (credit cards for online registration only). I will attend the meeting and my check for $ _.00 is enclosed. I am unable to attend the meeting, but please send the course materials to the above address, at a cost of $35.00, a check for which is enclosed. Please send your Registration Form and check to: Kimberly Shadle American Bar Association 321 N. Clark St. Chicago, IL For additional information about the program please contact Kimberly Shadle at