Spring 2018

NYIPLA The Report 


Annemarie Hassett, President’s Corner
On May 15, 2018, singers and songwriters, among others, urged the Senate Judiciary Committee to support sweeping bipartisan legislation, the Music Modernization Act (MMA), that will overhaul federal law on music licensing. Read more>>

An Interview with Judge Sue L. Robinson, NYIPLA's Outstanding Public Service Award Recipient
By: Publications Committee
The Publications Committee had the opportunity to interview this year’s Outstanding Public Service Award Recipient, Judge Sue L. Robinson. Judge Robinson has had a distinguished career in public service and served as a member of the District of Delaware court for more than 25 years. Read more>>

Harnessing Innovation in Canada 
By: Nicholas Bertram 
This summer will mark the third anniversary of a program launched by the government of the province of Quebec to encourage patent protection. Quebec’s First Patent Program[1] is the first of its kind in Canada. Read more>>

The Supreme Court Navigates Trouble in Foreign Waters
By: Katherine Daniel 
On April 16, 2018, the Supreme Court heard oral argument in WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, to decide whether damages for domestic patent infringement should include foreign lost profits. Read more>>

Safe Harbors for Internet Service Providers after BMG Rights Management (US) LLC, et al. v. Cox Communications, Inc. et al.  
By: Keelan Diana
In BMG Rights Management (US) LLC v. Cox Communications, Inc., 881 F.3d 293 (4th Cir. 2018), the United States Court of Appeals for the Fourth Circuit issued an opinion with the potential to alter the legal landscape for online service providers, broadband subscribers, copyright owners, and, broadly, anyone needing access to the internet by holding an internet service provider (“ISP”) liable for allegedly infringing content shared by its subscribers.  Read more>>

Avoiding Patent Exhaustion: Structuring Agreements in View of the Latest Jurisprudence   
By: Dorothy Auth and Howard Wizenfeld 
What do principles of patent exhaustion have to do with convenience of disposable consumer products—such as individual coffee/tea/beverage pods, disposable diagnostic test strips, refillable ink cartridges, and the like? Read more>>

Dealer's Choice: First Circuit Allows Licensor to Reject Trademark License in Bankruptcy   
By: Stuart Gordon, Michael Cannata, and Frank Misiti
One of the purposes of the Bankruptcy Code is to allow companies an opportunity to get back on their feet. The U.S. Court of Appeals for the First Circuit recently furthered that purpose by providing debtors with the opportunity to walk away from trademark licensing agreements they signed before entering bankruptcy. Read more>>

Comments on the Spanish Trademark Draft Bill Implementing European Trademark Directive 2015/2436  
By: Eleonora Carrillo
The European Trademark (EUTM) Reform, which is intended to harmonize European Union Member States’ trademark laws, requires European Union Member States to implement portions of the 2015 directive, (EU) 2015/2436 (the “Directive”), and sets respective deadlines of January 14, 2019 and January 14, 2023 for such implementation. Read more>>

On the Cusp of Music Copyright Reform: The Music Modernization Act
By: Nicholas Bartelt
In March 2013, Maria Pallante, former Register of Copyrights, proposed “The Next Great Copyright Act,” imploring Congress to conduct a comprehensive review of U.S. copyright law for the first time since the 1976 Act. Read more>>

Historian's Corner 
By: Dale Carlson 
How many times might you imagine the noun "right" appears in the Constitution? If you imagine "once", you'd be exactly right.  Read more>>

Notable Trademark Decisions
By: Scott Greenberg and Michael Kraich
FCA US LLC (“FCA,” formerly named Chrysler Group LLC) filed an intent-to-use application to register the mark MOAB for “[m]otor vehicles, namely, passenger automobiles, their structural parts, trim and badges” in Class 12.  Read more>>

96th Annual Dinner in Honor of the Federal Judiciary 
Friday, March 23, 2018
The New York Intellectual Property Law Association held its 96th Annual Dinner in Honor of the Federal Judiciary on March 23, 2018 at the New York Hilton Midtown Hotel. President Annemarie Hassett welcomed the honored guests, members of the NYIPLA, and their guests. Read more>>

 NYIPLA Past Events

Hot Topics and Issues in the Biosimilars Space: Part Two 

On the evening of February 1, 2018, the Patent Litigation and Women in IP Law Committees presented a panel discussion entitled, Hot Topics and Issues in the Biosimilars Space: Part Two.
Read more>>

Happy Hour Hosted By the Women in IP Law & Young Lawyers Committee
On October 4th, over 40 students and attorneys attended a joint CLE program hosted by NYIPLA and Hofstra Law School, “IP Considerations for New Practitioners and Non-IP Attorneys.” The program consisted of two panels and a networking reception, all held at the Maurice A. Deane School of Law at Hofstra University. Read more>>

2018 Trademark Update: A Discussion with a USPTO Policy Maker and a TTAB Decision Maker

On Tuesday, October 17, 2017, the Amicus Briefs Committee (“ABC”) held an in person CLE presentation on the Amicus Brief Process. A presentation was made by Charles R. Macedo and David P. Goldberg from Amster, Rothstein & Ebenstein LLP, Robert J. Rando of The Rando Law Firm, Robert M. Isackson of Venable, Jeffrey Lewis of Norton Rose Fulbright, Charles E. Miller of Eaton & Van Winkle and Jonathan E. Moskin of Foley & Lardner. Read more>>

"Day of the Dinner"" Luncheon CLE: Developments in the ¨Courts and Congress and the Implications for Patent ¨Policy and Innovation

On March 23, 2018, the NYIPLA presented a luncheon and panel discussion, “Developments in the Courts and Congress and the Implications for Patent Policy and Innovation” at the New York Hilton Midtown. Read more>>

Trade Secrets / Cybersecurity: Protecting Your Corporate Clients' Information 

In combination with the New Jersey Intellectual Property Association (NJIPLA), the New York Intellectual Property Intellectual Association’s (NYIPLA) Trade Secrets Committee coordinated a half day program entitled: “Trade Secrets / Cybersecurity: Protecting Your Corporate Clients’ Information.”  Read more>>

NYIPLA Presidents' Forum Patent Venue After TC Heartland: Application and Policy Considerations 

On Tuesday, April 24, 2018, the subject of the Annual President’s Forum at the Thurgood Marshall Courthouse of the Southern District of New York was “Patent Venue After TC Heartland.”  Read more>>

Moving Up & Moving On

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Welcome New Members

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NYIPLA Publication Committee Editorial Team
Committee Co-Chairs TaeRa Franklin, Liz Murphy, and Jessica Sblendorio
Committee Members Jayson Cohen, Bobby Greenfeld, Mitchell Hadley, 
Keith McWha, Ben Natter, Lauren Nowierski, Margaret Welsh

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