2024 Case Law Year in Review (RECORDING)
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IPO’s 2024 Case Law Year in Review webinar will examine the important IP developments of the last 12 months. In terms of copyrights, panelists will discuss the Supreme Court’s holding that there is no time-based limit on timely copyright claims, the permissible use of tattoos in media, and the deluge of claims concerning training AI on copyrighted works. In terms of trade secrets, speakers will review cases concerning identification of trade secrets, statutes of limitations, and extraterritorially. In terms of trademarks, hear about the closely watched Penn State v. Vintage Brand trial, a case one observer said threatened to “shake the foundations of trademark law,” as well as how the Lanham Act’s Names Clause fared in the face of a constitutional challenge. Finally, the most impactful cases in the patent space will be discussed, including LKQ, Allergan v. MSN and EcoFactor v. Google.
Paul Berghoff
Founder
McDonnell Boehnen Hulbert & Berghoff LLP
Paul Berghoff, founder of McDonnell Boehnen Hulbert Berghoff LLP, has three decades of experience as lead trial counsel in complex patent litigation – both jury and bench trials and PTAB proceedings – concentrating in litigation involving pharmaceuticals, medical devices, biotechnology, electronics, and software. He has successfully tried scores of patent cases and has successfully argued dozens of times before he US Court of Appeals for the Federal Circuit. He services as Chair of the firm’s Litigation & Appeals Practice Group. He is Vice-Chair of IPO’s Amicus Brief Committee.
Wendy Larson
Member
Pirkey Barber
Wendy Larson has practiced trademark law exclusively for virtually all of her 20-year career, focused primarily on U.S.- based enforcement and litigation. She focuses specifically on issues relating to the internet, including cybersquatting and brand protection challenges involving social media platforms and smartphone applications, keyword advertising, service provider liability, and personal jurisdiction relating to foreign online actors. She practices in federal court, before the Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB), and with dispute resolution service providers such as the Forum and the World Intellectual Property Organization (WIPO) handling domain name disputes under ICANN’s domain name dispute resolution policies. Wendy also assists clients in a variety of prosecution and other litigation matters. Wendy is a member of IPO’s Amicus Brief Committee.
Joshua Simmons
Partner
Kirkland & Ellis, LLP
Joshua Simmons focuses his practice on appellate and trial court litigation, intellectual property counseling and strategic portfolio management, as well as regulatory and legislative policy. This “exceptional” and “creative” (Chambers), “Top Attorney” (Law360), and “big-picture thought leader” (WTR) litigates copyright, patent, right of publicity, trademark, trade secret, and unfair competition cases—particularly complex cases and those of first impression—along with contract, licensing, and domain name disputes. In addition to maintaining a full-time litigation practice, Josh is a member of Kirkland’s Diversity & Inclusion Committee, and the Coordinator of its New York Kirkland Pride affinity group. He also is a frequent speaker and author on emerging trends in intellectual property, as well as an active member of the intellectual property bar, including serving on several IPO committees.