Welcome

Cognistar provides online continuing legal and professional education.
We are the recognized leader for high quality content and delivery technology.  Home  About us

     course is not for sale

back
    Course Information

4840  Copyright and Design Patent Protection for Nanotechnology Products

Course Length    78  minutes
Course Price    $ 119.00

Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.

    Accreditation Information


Click on jurisdiction below for more details.
>>  1.25  credits    VT
>>  1.50  credits    CO  WV

    About the Instructor(s)


  W. Todd Baker
Oblon, Spivak, McClelland, Maier & Neustadt, P.C.

Todd Baker is a patent attorney in the electrical and mechanical departments at Oblon, Spivak, McClelland, Maier & Neustadt, P.C., in Alexandria, Va. His practice includes advising clients on patent interference prosecution matters and preparing and prosecuting patent applications. He is a former patent examiner with the U.S. Patent & Trademark Office, where he specialized in multiplex communications.

Mr. Baker received his law degree from the University of Maryland School of Law in 1996 and his B.S. in electrical engineering from the University of Virginia in 1993. He is admitted to the Maryland State Bar and is registered to practice before the U.S. Patent & Trademark Office. He is a member of the American Bar Association and the American Intellectual Property Law Association.



  William Patry
Thelen Reid & Priest LLP

William Patry, a partner in the New York office of Thelen Reid & Priest LLP, is one of the foremost copyright experts in the nation. He is often described as a “copyright lawyer’s copyright lawyer” and has extensive experience formulating successful strategies for trial and appellate cases in the most complex litigations.

Mr. Patry litigates across a broad spectrum of copyright law.  He regularly represents companies in the entertainment, media and computer industries. In addition to litigating intellectual property issues, Mr. Patry advises on infringement, ownership, visual artists’ rights, conflicts of laws, extraterritorial application of U.S. intellectual property laws, and application of non-U.S. intellectual property laws, as well as issues raised by the intersection of bankruptcy and estate law for copyrighted works.

Mr. Patry is a prolific writer. He is the author of the forthcoming 4,000-page definitive treatise on copyright law to be published in 2006 by West Publishing. He recently co-authored an article on the copyright fair use doctrine with Judge Richard A. Posner of the United States Court of Appeals for the Seventh Circuit.  Mr. Patry’s writings on copyright are frequently cited by the U.S. Supreme Court and lower courts, and his treatise on fair use is the standard work on the subject. He is also the author of the Patry Copyright Blog (http://williampatry.blogspot.com).

He is regularly requested as an expert witness in cases involving U.S. Copyright Office practices, the Semiconductor Chip Protection Act, and architectural protection.  Mr. Patry has testified before Congress on copyright legislation and, in 1998, he was appointed by the U.S. Court of Appeals for the Second Circuit to advise the court on international conflicts of laws issues in the first and, to date, only appellate decision involving this increasingly important area. The court adopted the positions advocated by Mr. Patry’s brief to the court.

As copyright counsel for the U.S. House of Representatives, Committee on the Judiciary, Subcommittee on Intellectual Property and the Administration of Justice, Mr. Patry drafted numerous provisions of the Copyright Act.  Before becoming a congressional staffer, he served for more than four years as a policy planning advisor to the register of copyrights, where he participated in the 1988 Berne Convention Implementation Act.  He has taught copyright law as an adjunct professor at Georgetown University Law Center, and was a full-time professor of law at the Benjamin N. Cardozo Law School, serving as the founder and director of its LL.M. program in intellectual property law. He also served as editor-in-chief of the Journal of the Copyright Society of the U.S.A. for 11 years.

Mr. Patry earned a B.A. in 1974 and an M.A. in 1976 in music theory and composition from San Francisco State University. He graduated from The University of Houston Law Center with a J.D. in 1980 and was elected to Order of the Coif. He is admitted to practice in New York, Texas and the District of Columbia, before the U.S. Supreme Court, and before numerous federal District and Circuit Courts.



  Michael Remington
Drinker Biddle & Reath LLP

Michael Remington is a partner in the Washington, D.C., office of Drinker Biddle & Reath LLP. He has more than 25 years of experience in intellectual property law (including copyrights, trademarks, patents and semiconductor chip mask works), court reform, government relations, and lobbying.

Prior to entering private practice, Mr. Remington held high-level positions in the three branches of the federal government. For 13 years, he was chief counsel of the Judiciary Subcommittee of the U.S. House of Representatives on Intellectual Property and Judicial Administration and counsel to the House Committee on the Judiciary. In the judicial branch, he served as a law clerk to U.S. District Judge John W. Reynolds and Deputy Legislative Affairs Officer to the Judicial Conference of the United States (under Chief Justice Warren E. Burger). In the executive branch, he was a prosecutor in the U.S. Department of Justice Criminal Division, where he specialized in criminal appeals. Finally, Mr. Remington is the former director of the National Commission on Judicial Discipline and Removal, an entity established by Congress to study and report to the president, the chief justice and Congress on issues relating to judicial misconduct and impeachment.

As a Fulbright Scholar in Paris, Mr. Remington studied at the Conseil d’Etat and the Tribunal Administratif de Paris. He also served for two years as a Peace Corps volunteer in Côte d’Ivoire, Africa. Mr. Remington earned his B.S. in 1967 and his J.D. in 1973 from the University of Wisconsin, where he was also elected to Order of the Coif. He is admitted to practice in Wisconsin and the District of Columbia, and is a member of the Intellectual Property Section of the American Bar Association.

Mr. Remington is an adjunct law professor at the George Mason School of Law and the Columbus School of Law, Catholic University of America. Internationally, he has served as a consultant to the United Nations, the World Intellectual Property Organization, The Asia Foundation, and the Library of Congress.



  Jule Sigall
U.S. Copyright Office

Jule Sigall is associate register for policy and international affairs at the U.S. Copyright Office. Before being appointed to that position in 2003, Mr. Sigall was a senior associate in the intellectual property and technology practice group at Arnold & Porter LLP, specializing in copyright law and its application to new technologies.

During his tenure at Arnold & Porter, Mr. Sigall represented and advised a wide range of creators, distributors and users of copyrighted works, including photographers, record companies, magazine publishers, public television stations, sports leagues, and advertising agencies. He represented clients in several significant cases involving copyright and the Internet, including Kelly v. Arriba Soft Corp. (addressing the use of digital copies of photographs by Internet search engine), UMG Recordings, Inc. v. MP3.com, Inc. (addressing the use of digital copies of sound recordings in an Internet music service), and Bonneville Int’l Corp. v. Peters (addressing the application of the sound recording digital performance right to Internet streaming of radio signals). In Ets-Hokin v. Skyy Spirits, Inc., he successfully argued before the U.S. Court of Appeals for the Ninth Circuit on behalf of an individual photographer for reversal of a lower court decision involving copyright in derivative works.

From 1997-1998, Mr. Sigall worked at the Copyright Office in the Office of Policy and International Affairs, making significant contributions to a number of domestic and international copyright policy issues and legislative matters, including the Digital Millennium Copyright Act and the No Electronic Theft (NET) Act . He participated in a number of multilateral and bilateral intellectual property negotiations where he served as lead copyright counsel and provided advice on international copyright policy to executive branch agencies. He was specifically responsible for the enforcement-related provisions of the TRIPS Agreement.

Mr. Sigall is a 1990 graduate of Duke University and a 1996 summa cum laude graduate of The Catholic University of America, Columbus School of Law, where he served as Notes and Comments Editor of the Catholic University Law Review. He has published several articles on copyright law, and has spoken frequently on copyright and new technologies, including lectures at Duke University School of Law and The Catholic University of America.



    Outline + Synopsis

Outline Synopsis
Copyright and Design Patent Protection for Nanotechnology Products
    I. Statutory Considerations for Nanotechnology Copyright Registration
        A. Introduction
        B. Images of Nanotechnology
        C. Discussion Overview
        D. Original Works of Authorship
        E. Useful Articles
        F. Registration Considerations
        G. Ineffective Ploys
        H. Mask Work Protection
        I. Registration Appeals
        J. Example Review
    II. Enforcing Nanotechnology Copyrights Without Litigation
        A. Literature Review
        B. Works, Representations and Methods
        C. Merger Doctrine
        D. Possible Forms of Protection
        E. Separability and Useful Articles
        F. Copyright Is Commercial Law
        G. What If You Lose?
        H. Settlement Negotiation Model
            1. Case Value Estimates
            2. Further Considerations
    III. Copyright and Public Policy Aspects of Nanotechnology
        A. Understanding Nanotechnology
        B. Public Policy Ramifications
        C. Nanotechnology and Intellectual Property Law
        D. Nanotechnology and Copyright Law
        E. Nanotechnology and Design Patent Law
        F. Current “Mega-Problems”
        G. Conclusion
    AfterWords®


Nanotechnology cuts across numerous disciplines and is being applied in all sorts of industries. What protection is available for works created using this technology of the ultra-minute? Experts approach this question from several angles, including the application of standard copyright law to nanotechnology reproductions of copyrighted works, registration considerations, separability of copyrightable from utilitarian features, possible protection from the Semiconductor Chip Protection Act, and design patent protection. The panelists also discuss alternatives to litigation and the public policy implications of this disruptive technology.


    Content Provided By

 

The American Intellectual Property Law Association (AIPLA) is a 16,000-member, national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community. The AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright and unfair competition law, as well as other fields of law affecting intellectual property. Members represent both owners and users of intellectual property.

AIPLA was formed in 1897 in order to maintain a high standard of professional ethics, to aid in the improvements in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.

To qualify for membership, applicants must be members in good standing of the bar of a court of record of the United States or any state. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries to be considered for membership, or be registered to practice with the Patent and/or Trademark Office of their country of citizenship. AIPLA also has student memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools. Approximately 70% of the active members are in private practice, 30% in corporate practice, with the remainder in the government or academia.

AIPLA holds three regularly scheduled conferences a year, Mid-Winter, Spring and Fall, at which the association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA holds many stand-alone seminars on specialized areas of intellectual property law at varying times of the year in locations around the United States. The association also produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published online three times a year), and CD-ROMs and tapes which include papers or speeches presented by speakers at the meetings. The AIPLA also publishes the Report of the Economic Survey biennially.

Furthermore, the AIPLA is actively involved in shaping U.S. intellectual property policy through its work on legislation and federal regulations affecting intellectual property cases in the U.S. courts. Internationally, the AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents, regularly participates in meetings of the World Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.




    Purchase course

4840  Copyright and Design Patent Protection for Nanotechnology Products

Course Price     $ 119.00

course is not for sale

back

Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.

    ©2010  SmartPros® Legal & Ethics, Ltd.   |  Privacy Policy.