During February, March, April, and May, partners from the firm’s Intellectual Property practice group hosted a four-part webinar series addressing and answering questions on recent and trending topics facing practitioners across the IP landscape.

Patent Clearance Opinions: Value & Risks in the Litigation Context

February 16  Brad Rademaker | Mike Turner

Patent clearance opinions can play an important role in corporate decision-making, particularly where litigation is anticipated or imminent. Focusing on practical considerations to help ensure such opinions are used effectively, our presenters discussed:

• proper scope and content of an attorney opinion,
• the selection and role of the reliance witness,
• use as evidence in litigation, and
• managing the process to preserve effectiveness at trial

 

Recent Trends in the Use and Enforcement of Trademarks on Online Marketplaces

March 30 Ian Block | Andrea Fuelleman

Brand owners and online sellers utilizing online marketplaces, such as Amazon and Google Shopping, may face complex issues regarding the use and enforcement of their trademarks. Informed by developments in pending cases, Ian and Andrea discussed:

• potential retaliatory action by aggrieved sellers and possible claims against brand owners,
• the consequences a TRO can have on an Amazon seller’s storefront alleged to be selling infringing products, and
• additional ways brand owners can protect their rights on online marketplaces.

Ian and Andrea also recently authored an article for World IP Review on this topic.

 

Supreme Court to Weigh in on What Has to Be in a Patent Application

April 27 Tom Campbell | Kevin O'Connor | Emer Simic

The U.S. Supreme Court has heard oral arguments in Amgen, Inc. v. Sanofi and is expected to issue its opinion in the summer of 2023. Our presenters broke down the case, highlighted the various stakeholders weighing in, and discussed the future of claiming inventions by function rather than structure.

Kevin O'Connor also spoke to Law360 regarding this case.  

 

Navigating Recent Privacy and Cybersecurity Developments

May 18 Alfred Tam | David Wheeler

Companies face new and updated U.S. state, federal, and international data privacy and cybersecurity laws. Providing tips on how to assess and manage compliance through an effective privacy and information governance program, David and Alfred discussed:

• new U.S. state law requirements (e.g., CA Privacy Rights Act, VA Consumer Data Protection Act),
• proposed federal legislation,
• international privacy laws, and
• cryptocurrency developments.