Intellectual Property

35th Annual National CLE Conference®



Program Agenda:

Intellectual Property Program Agenda


January 3-7, 2018, Vail Mountain Marriott Resort & Spa


Program Co-Chairs:

Scott M. Alter, Lathrop & Gage LLP, Denver, CO

David H. Bernstein, Debevoise & Plimpton LLP, New York, NY


Co-sponsored by the International Trademark Association.  Application has been made for co-sponsorship by the ABA Section of Intellectual Property Law


  • Attend and Hear Patent, Copyright, Trademark and Licensing Issues Addressed at ONE Conference
  • Acquire Knowledge on Topics of Interest Whether You are Corporate Counsel or a Private Firm Practitioner
  • Gain Insights of Judges and Private Firm Practitioners at the Always Popular Bench and Bar Dialogue Session


Wednesday, January 3, 2018


3:00-7:00 p.m.



4:30-6:30 p.m.

Annual Trademark and Copyright Updates


Session One

Trademark Registration Update

Evan M. Rothstein, Brownstein, Hyatt Farber Schreck, LLP, Denver, CO


Session Two

Trademark Litigation Update

David H. Bernstein, Debevoise & Plimpton LLP, New York, NY


Session Three

Copyright Update

Dale Cendali, Kirkland & Ellis LLP, New York, NY


Thursday, January 4, 2018


7:00-9:00 a.m.

In House Counsel Roundtable


Developments in the Pharmaceutical Industry

Anamaria E. Cashman, Division Counsel, Trademarks, Abbott Laboratories, Chicago, IL


Counterfeiting and Consumer Packaged Goods

Scott Piering, Vice President and Chief Intellectual Property Counsel, Spectrum Brands, Inc., Middleton, WI


Developments in Consumer Class Actions

Gail Sharps Myers, General Counsel, Snyder’s-Lance, Inc., Charlotte, N.C.


4:30- 6:30 p.m.                  

Plenary Session – More Fun with Ethics at the Movies

Larry J. Cohen, Ph.D., J.D., Cohen’s Counsel, Bethel, VT


6:30 p.m.                              

Wine Reception


Friday, January 5, 2017

7:00-9:00 a.m.

Internet and Online Updates


Session One

Developments in Social Media

Dom Perella, Deputy General Counsel and Chief Compliance Officer, Snapchat, Inc., Venice, CA


Session Two

Developments in Domain Names

Brian Beckham, Head of Internet Dispute Resolution Section, WIPO Arbitration and Mediation Center, Geneva, Switzerland


Session Three

Using Professional Investigators: Legally, Ethically & Effectively

Ross D Bulla, The Treadstone Group, Inc., Denver, NC


Bonus Session*
Friday, January 5, 2018
3:20 – 4:20 p.m.

CTE: What It Means for Civil and Criminal Litigation 

  • CTE — What It Is and What It Does to Functioning and Behavior
    • Is It More than a Sports Injury Issue?
  • Detecting CTE — Neurology, Neuropathology, Neuroimaging, Neuropsychology, Biomarkers
  • CTE in Litigation
    • Its Role and Potential Role in Civil and Criminal Litigation
    • Admissibility Issues
  • The Future of CTE in Litigation — A Disorder Along the Concussion Spectrum?
    Larry J. Cohen, D., J.D., Cohen’s Counsel, Bethel, VT

4:30-5:15 p.m.
The Top Ten Things You Must Know About the US Patent and Trademark Office

Mollybeth (Molly) R. Kocialski, Director, Rocky Mountain Regional Office, US Patent and Trademark Office, Denver, CO

5:15-6:00 p.m.

Building a Strong Patent Portfolio: Views from In-House

Heath Hoglund, Chief Patent Counsel, Dolby, San Francisco, CA

Colm Dobbyn, Senior Vice President and Assistant General Counsel, MasterCard, Purchase, NY

Terri McHenry, Director, Intellectual Property and Litigation, Verily Life Sciences, San Francisco, CA


6:00-6:45 p.m.

The Post-Halo Effect on Willful Infringement, Enhanced Damages and Opinions of Counsel

Scott M. Alter, Lathrop & Gage LLP, Denver, CO

Jon R. Trembath, Lathrop & Gage LLP, Denver, CO


Saturday, January 6, 2018


7:00-7:30 a.m.
State of Extraterritorial Jurisdiction

Lisa M. Kattan, Baker Botts, LLP, Washington, DC

7:30-8:00 a.m.
Hot Topics on Patent Eligibility for Software: What You Need to Know Now

Richard L. Rainey
, Covington & Burling LLP, Washington, DC

8:00-8:30 a.m.
Hot Topics on European Patent Law

Holm Schwarze, Guardian IP Consulting, Denmark

8:30-9:15 a.m.
Patent Law Update – 2017 in Review

Lisa A. Dolak, Senior Vice President and University Secretary, Angela S. Cooney Professor of Law, Syracuse University, Syracuse, NY


4:30-5:30 p.m.

Corporate Counsel Panel: What’s Keeping Corporate Counsel Awake at Night

Jeff Newton, Corporate Counsel, Broadcom, Fort Collins, CO

Barbara Fisher, Assistant General Counsel, Intellectual Property, Lockheed Martin, Washington, D.C.

Steve Mackenzie, Senior Counsel,  Intellectual Property and Intellectual Property Litigation, Koch Companies Public Sector, LLC, Wichita, KS

Cynthia Mitchell, Senior Corporate IP Counsel, Zimmer Biomet, Denver, CO

Ed Tempesta, Vice President, Senior Counsel – Intellectual Property, MasterCard, New York, NY

5:30-6:45 p.m.

A Dialogue Between Bench and Bar

Honorable Barbara M. G. Lynn, Chief Judge, United States District Court, Northern District of Texas, Dallas, TX

Honorable Paul Michel (ret.), former Chief Judge, US Court of Appeals for the Federal Circuit, Washington, DC

Professor Martin Adelman, Theodore and James Pedas Family Professor of Intellectual Property and Technology Law, Co-Director of the Intellectual Property Law Program, Co-Director of the Dean Dinwoodey Center for Intellectual Property Studies,  GW│Law, The George Washington University, Washington, DC

Seth Waxman, WilmerHale, Washington, DC, and former Solicitor General of the United States

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Sunday, January 7, 2018


Plenary Sessions


7:00 – 8:00 a.m.    

The Ethical Boundaries of Adversary Investigations

  • Addressing the Need for Information about Your Adversaries, Including Such in Intellectual Property Disputes
  • Investigative Techniques Generally, and Use of Private Investigators, Specifically  
  • Applicable Law and Rules, Including Rules 4.1 (a), 4.2, 4.3, 4.4(a), 8.4(c), and 5.3 of the ABA Model Rules of Professional Conduct
  • Potential Penalties and Consequences for Violations
  • Case Analyses and Hypotheticals

Presented by Michael Chiappetta, Senior Legal Editor, Intellectual Property & Technology, Practical Law, New York, NY.  Your speaker will share with you his experiences in the intellectual property practice area along with how such ethical considerations may apply in other practice areas and other practice area examples

8:00 – 9:00 a.m.    
Ethical Considerations Regarding Collection and Admission of Social Media Evidence

What was once a thought or a spoken word is now memorialized as tangible evidence. A running journal of an individual’s activities, thoughts, and movements is a potential treasure trove of evidence not to be ignored. Improper collection can lead to spoliation and/or preclusion of evidence.  Gregory MacFarlane, JD, E-Discovery Specialist, Thomson Reuters/Pangea3, New York, NY will discuss the case law (state & federal), FRCP, Rules of Evidence (801, 901, & 902), ABA Model Rules (401 & 804), and bar opinions surrounding preservation of evidence, best practices for collection, rules of evidence and how to lay a proper for admission of this evidence.  These winning strategies will lower the cost of litigation and improve work product.

Presented by Gregory MacFarlane, JD, Legal Consultant│E-Discovery Specialist, Thomson Reuters, New York, NY



* Hot topic presentation that we would like everyone to have the opportunity to attend so we are offering it as a bonus session for which attendees will need to individually submit for CLE credit should they wish CLE credit for attending, and that we are happy to answer questions regarding such.

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