Chicago IP Attorney & Lawyer : R. David Donoghue : Chicago IP Litigation Blog

As promised earlier this week, click here for the slides from my Northern District of Illinois Cyberlaw Trends presentation to the Chicago Bar Association's Cyberlaw & Data Privacy Committee last Tuesday.  It was a very interactive presentation, so the slides cannot convey the full content of the presentation, but I think you will still find them useful.  Here is an overview of the ten trends I discussed:

1. Downloading music has consequences
    
2. Copyright infringement can lead to jail time
   
3. Dot com’s are favorite defendants
   
4. Non-practicing entities are a major force
   
5. Keywords and thumbnails
   
6. Virtual world – Real litigation
   
7. Website content
   
8. Old world content – New world tracking
   
9. CLC v. Craigslist  -- Communications Decency Act
   
10. Electronic Discovery

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I will be speaking with the Chicago Bar Association's Cyberlaw & Data Privacy Committee tomorrow, Tuesday, February 19 at noon.  My presentation is titled:  “Northern District of Illinois Cyberlaw Trends."  If you are in Chicago tomorrow, please join us.  The event is being held at the Chicago Bar Association building, 321 S. Plymouth.  If you cannot make it, I will post the slides later this week and I understand that the Chicago Bar Association will post it as a podcast.  It will not be the same as what I hope will be a highly interactive presentation, but I will post the slides later this week and a link to the podcast when it is available.

Thanks again to Evan Brown and his Internet Cases blog for the opportunity.

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Tomorrow, Wednesday, September 18, from 3:00 - 4:00 PM, the Chicago-Kent College of Law is hosting its fourth annual Federal Circuit Roundtable.  The Roundtable, composed of former Federal Circuit law clerks, will address the topic, "MedImmune and SanDisk:  Seeking a License Without Getting a Lawsuit."  The scheduled participants are:

• Laura L. Donoghue, Sidley Austin;
  
• Lisa A. Schneider, Sidley Austin;
  
• Jonathan R. Spivey, Foley & Lardner, 
  
• Meredith Martin Addy, Brinks Hofer Gilson & Lione;
  
• Laura A. Lydigsen, Brinks Hofer Gilson & Lione;
  
• Leonard D. Conapinski, McDermott Will & Emory;
  
• Sasha D. Mayergoyz, Latham & Watkins;
  
• David C. McKone, Latham & Watkins;
  
• Michael R. Weiner, Marshall, Gerstein & Borun; and
  
• Michelle Armond, Marshall, Gerstein & Borun. 

The Roundtable will be moderated by Chicago-Kent Professor Timothy R. Holbrook. 

I will not be able to attend this year's event because I am teaching an IP course at Loyola on Wednesday afternoons, but I can vouch for the program.  It is an hour of excellent insight from former Federal Circuit clerks.  Also, in the interest of full disclosure, my wife (Laura Donoghue) is a roundtable participant.  So, I am biased, but it is still an excellent program.

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I received an email from the PTO this week asking that I post about a free webcast the PTO is holding this Thursday, August 23 from 12:00 pm - 2:00 pm CT.  The webcast will explain the new continuation and claims rules that become effective November 1st.  The rules were published this morning.  For summaries and explanations of the changes, here is PTO document explaining the highlights  and a specific identification of each amendment.  You can register for the webcast here.  The PTO's press release is reprinted below:

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Yesterday, I had the opportunity to speak at the Illinois State Microenterpise Initiative's Spring Conference, hosted by the Federal Reserve Bank of Chicago.  The presentations were uniformly excellent and the attendees that I spoke with said that they felt the day was very useful in helping them develop their, or their clients', small businesses.  Other presenters discussed financing issues for small businesses and entrepreneurship in rural areas.  My presentation focused on e-commerce and the internet as a small business tool.  Here are the slides for my presentation:  "Small Business/Big Issues:  E-Commerce & the Internet."

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Tomorrow afternoon the last installment of the Chicago IP Colloquium will feature Professor Pamela Samuelson of the University of California, Berkeley, School of Law
discussing her paper:  What Section 102(b) Excludes from Copyright Protection and Why.  The event will start at 4:10 PM in Loyola's Rubloff Reception Room.

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Tomorrow afternoon the latest installment of the Chicago IP Colloquium will feature Professor James Thuo Gathii of the Albany Law School discussing his paper:  What History Teaches Us About International Protection of Intellectual Property Rights: The Case of Least Developed Countries.  The event will start at 4:10 PM in Room 305 at Kent.

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This afternoon the latest installment of the Chicago IP Colloquium will feature Professor Robin Feldman, University of California, Hastings College of the Law discussing her paper:  The Role of Science in Law.  The event will start at 4:10 PM in Loyola's Rubloff Reception Room.  Unfortunately, work will interfere once again and I will not be able to be there, but I am looking forward to the final installments of this year's Colloquium on April 10th and 24th -- hope to see you there.

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This afternoon is the second installment of the 2007 Chicago IP Colloquium.  Professor Margaret Chon of the Seattle University School of Law will be discussing her paper Intellectual Property "from Below": Copyright and Capability for Education,  starting at 4:00 4:00 in the Rubloff Reception Room at Loyola (25 E. Pearson).  It should be a great presentation.

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Last Wednesday the Chicago IP Alliance held its second annual Chicago IP Day at Loyola.  It was, no surprise, an excellent program providing an information-packed day.  I do not have the time to summarize all of the presentations, but I will give some highlights.  George McAndrews, McAndrews, Held & Malloy, gave a very interesting presentation outlining his views on the Supreme Court's recent eBay v. MercExchange opinion requiring the use of the standard permanent injunction test to determine whether a permanent injunction should be granted after a patent infringement judgment.  Essentially, he argued that the Supreme Court's ruling contradicts the constitutional grant of a limited monopoly.  His presentation led to some spirited debate at various tables during the excellent lunch in Loyola's beautiful new conference room atop the law school.

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Don't forget that tomorrow is the first day of the 2007 Chicago IP Colloquium.  Professor Glynn Lunney of Tulane University Law School will be discussing Copyright as a Coordinating Mechanism starting at 4:10 in Room 305 of the Kent Law School.  It should be a great presentation.

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Wednesday, February 7 is IP Day in Chicago.  This annual event at Loyola (where I previously taught Legal Writing) will focus on a hot topic for IP litigators -- the Supreme Court's recent active role in defining intellectual property law.  You can see from the event brochure that the day is full of great speakers focused on very interesting topics.  Of special note, John Whealan, the USPTO's Deputy General Counsel for IP and Solicitor, is giving the key note speech.  I have heard Mr. Whealan speak on several occasions and can confirm that he is an excellent speaker who always provides a very interesting and thoughtful perspective on any issue he addresses.  This is an event that you should not miss.  I certainly will not miss it, if you see me there please say "hello."

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Chicago-Kent College of Law and Loyola University Chicago School of Law  (where I previously served as an Adjunct Professor of Legal Writing) are jointly sponsoring and hosting the Chicago Intellectual Property Colloquium.  The Colloquium brings six nationally renowned IP scholars to Chicago to discuss their current IP research. The presentations look very interesting.  They start January 30th and run through April on Tuesday afternoons (schedule after the jump).  Each lasts just under two hours and they rotate between Kent and Loyola.  

Attendance is by invitation only.  If you would like an invitation, contact Patricia O'Neal at Kent -- poneal@kentlaw.edu.  I will be attending as many as I can and blogging about them afterward.  If you see me, please say "hello."

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The Intellectual Property Law Association of Chicago ("IPLAC") is hosting a lunch seminar on January 24, 2007 at DePaul's Law School.  The speaker, Professor Katherine Strandburg, will give an overview of data privacy identifying the hot issues in the field, as well as discussing the relevant statutes and legislation.  A copy of the brochure for the seminar is here.  The brochure has registration details, but make sure to register by IPLAC's deadline -- next Friday, January 19. 

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The Chicago-Kent College of Law is hosting two seminars in the upcoming weeks that IP practitioners will find very useful.  On this Thursday, October 26, from 9:00 AM - 12:00 PM, the school is hosting a seminar entitled, "Copyright at the World Intellectual Property Organization: An Update."
At the seminar key World Intellectual Property Organization officials will update you on pending and emerging international copyright issues, and will address the challenges facing WIPO and international copyright policymakers.  Please note, prior registration is preferred and can be accomplished by email or fax.

On Wednesday, November 1st, from 3:00 - 4:00 PM, the Chicago-Kent College of Law is hosting its third annual Federal Circuit Roundtable.  The Roundtable, composed of former Federal Circuit law clerks, will address the topic, "Not So Obvious: Patent Law, the Supreme Court, and KSR International." The scheduled participants are Meredith Martin Addy, Brinks Hofer Gilson & Lione, Leonard D. Conapinski, McAndrews, Held & Malloy, Ltd., Sasha D. Mayergoyz, Latham & Watkins LLP, and Michael R. Weiner, Marshall, Gerstein & Borun LLP.  The Roundtable will be moderated by Chicago-Kent Professor Timothy R. Holbrook.  The Roundtable is free and registration is not required.  Because my wife, Laura L. Donoghue, former law clerk for the Hon. Timothy B. Dyk, has spoken at prior Roundtables, I can vouch for this as an excellent event that is worth a few hours out of your Wednesday afternoon.

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