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Technology Institute 2023

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Technology Institute 2023 - Day One - Webcast

STARTTue., Mar. 28, 2023
9:00 AM
ENDTue., Mar. 28, 2023
4:20 PM
CLE 5 sub/1 eth PRICE Regular: $299.00
New Attorney: $150.00
Technology Institute 2023 - Day Two - Webcast

STARTWed., Mar. 29, 2023
9:00 AM
ENDWed., Mar. 29, 2023
4:20 PM
CLE 5 sub/1 eth PRICE Regular: $299.00
New Attorney: $150.00


Explore the cutting edge of IP and Tech Law virtually!

PBI’s Technology Institute has evolved — Get updates on both IP and Technology Law!

Delve into a broad spectrum of Intellectual Property practice, including the latest developments in patent, copyright, trademark and trade secret law over the last year. 
Examine the latest trends and issues involving technology innovations, such as artificial intelligence and blockchain and cryptocurrency, with a focus on the impact on firms and their clients. 

Choose your own adventure 
Over two days, you’ll get a unique educational experience by designing your own path to suit your particular practice needs.


Infinite Monkey Selfies: Intellectual Property Protection for Generative Artificial Intelligence Creations
The Infinite Monkey Theorem states that an infinite number of monkeys with an infinite number of keyboards would eventually generate the complete works of William Shakespeare. A more recent, and far more limited test of this theorem involved a professional photographer named David Slater providing several great apes with access to his cameras. The photographer sold copies of the resulting monkey selfies, which in turn generated a great deal of discussion and a few court cases over the question of who owned the copyrights in the selfies. In the past few years, the issue has shifted from monkey-created works to generative AI works. Who owns the rights to works and inventions created in whole or in part by a computer program? Who will speak for the monkeys? And will chatbots speak for themselves?

Building Blocks: Crypto 101
Can’t tell your BTC from your ETH? Do you just smile and nod when people mention NFTs? Then this CLE is for you.  Join us and learn the ABCs of cryptocurrency and blockchain technology.  Specifically, this hour-long presentation will cover topics including:  What is a blockchain? •  Consensus Mechanisms • Cryptocurrencies, AltCoins, Stablecoins and CBDCs •  Smart Contracts • NFTs • Exchanges/Wallets/DeFi • Regulation & Legal Issues •Recent Major Events.

Trademarks – Year in Review 
The panel will review trademark cases and legal developments in 2022 and the first few months of 2023, focusing on the impact of those cases and developments on advice to clients.

Navigating common issues in technology services contracts including liabilities, indemnities and data protection requirements.
We will review the most common and frequently-negotiated provisions of technology services agreements. Issues will include limitations of liability, warranties, indemnities, and ownership of intellectual property. In addition we will touch on recent changes in data privacy and data security laws which will be a consideration for agreements that relate to personally-identifiable information.

Patent Law – Year in Review 
This program will provide an overview of important patent law decisions and developments from the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit in 2022 and so far in 2023. The program will also explore possibilities for cases that may be considered by the Supreme Court in 2023 as well as continued issues of interest at the Court of Appeals for the Federal Circuit.

Cannabis Trademarks – What a Long Strange Trip It’s Been
This seminar addresses the current landscape relating to federal registration of trademarks for cannabis products.  We will discuss recent decisions, the USPTO’s current stance on different kinds of products, trends and recommendations for practitioners and their clients who want to protect and enforce cannabis trademarks.

Software Patents
Software patenting from the perspective of the PTO and the courts.  What does an allowable claim look like?

Decentralized Domains: The Next Battlefield for Brand Protection
Blockchain?  Decentralization?  NFTs?  Now blockchain and decentralized domains?  What are they?  How do you registered one?  How do you stop infringers from using them?  With the growth of blockchain technology, it has been applied to many different use cases.  Now “domain names” can sit on the blockchain to more easily identify the alphanumeric digits associated with crypto wallets.  But this new use case has been flooded with squatters and possibly future infringers who register popular brands without authorization.  Brand owners, however, are not without enforcement tools to identify infringing squatters and possibly take back the domains.
Ethics: A Deeper Look at Duties of Disclosure and Reasonable Inquiry in IP Applications and Prosecutions

A Deeper Look at Duties of Disclosure and Reasonable Inquiry in IP Applications and Prosecutions - ETHICS
In the summer of 2022, the USPTO issued new guidance on attorneys' Duty of Disclosure and the Duty of Reasonable Inquiry as pertaining to filings before the USPTO (both patent and trademark).  This ethics session will examine these Duties more closely, including obligations to the USPTO and Examiners, and the potential for inconsistent statements the submitted to the FDA or other government agencies.  We will also discuss concerns and best practices when relying on information provided by clients in order to avoid unknowingly breaching these duties, such as relating to product composition, client intentions in trademarks filings, and correctly attributing inventorship and authorship, including a discussion about recent issues brought on by software used for the inventive process, and software designed to create artwork by mimicking the styles of specific artists (something of significant concern in the comic book industry).

Updates from the Bench – A Conversation with Federal Judges 
Hear inside thoughts from three Pennsylvania Judges on how they handle IP matters, injunctions, discovery disputes and dispositive motions.  Judges Goldberg, Wolson and Lloret will answer questions on what matters to them the most when dealing with IP and Technology cases.  Learn from the Judges as to how to be a better litigator when you appear before them. 

Disclosure of Third Party Patent Litigation Funding Arrangements
Third party funding of patent litigation has become common, especially in the case of infringement actions brought by non-practicing entities (NPE’s).  Some courts have patent local rules requiring automatic disclosure of certain details of the funding arrangement. In other cases, discovery requests may call for such disclosure.  Third party funded plaintiffs have, in many cases, resisted disclosure, and the proceedings surrounding the call for disclosure have become contentious. We will examine some of these cases and how the courts have dealt with them.

Domain Name Updates 
Worried about online scams, phishing, bad faith competitors, and other types of cybersquatting? Sit in on this presentation of how trademark rights are used (and sometimes misused) against internet domain names that engage in these sketchy activities. Co-presented by an arbitrator for the Uniform Dispute Resolution Policy (”UDRP”) and an attorney who has filed UDRP complaints, you’ll walk away from this session with a greater understanding of this global domain name dispute process, some of the recent developments and decisions that shape its jurisprudence, and a couple of predictions on where this very niche corner of intellectual property practice is heading over the next few years.

Trademark Modernization Act – One Year Later
The Trademark Modernization Act is the biggest statutory change to the Lanham Act in decades. Individuals, businesses and the United States Patent and Trademark Office (USPTO) now have new tools to clear away unused registered trademarks from the federal trademark register and the USPTO has the ability to move applications through the registration process more efficiently. Signed into law on December 27, 2020, several of the changes took effect in December 2021, while another swath of changes went into effect in December 2022 and only a few remain to be implemented. This program will discuss everything that brand owners and IP practitioners need to know about the changes to the law and how the new tools can be leveraged.

Indefinite Clarity – Patent Claim Drafting Under 35 USC 112(a) and (f)
A review of recent case law and related information concerning the drafting of patent claims to meet the statutory requirements of 35 U.S.C. Section 112, including the scope of supporting disclosure, indefiniteness and means-plus-function claiming.

Protection By Design: Navigating Trade Dress and Design Patent Rights
Registered and unregistered trade dress and design patents are increasingly used to protect a variety of non-utilitarian assets, from product configurations to design elements.  This one-hour session compares and contrasts U.S. protection by trade dress and design patents from application through enforcement.

Trade Secrets – Year in Review 
In 2023, we may see a substantial increase in trade secret litigation due to the non-compete bans which the FTC and Congress have just proposed and the challenges of using alternative methods for IP protection of AI.  Diane Siegel Danoff, the chair of the Trade Secret Litigation practice at Dechert LLP, will discuss those issues and other developments in the law of trade secrets within the last year.  She’ll report on court decisions including a Third Circuit decision regarding remedies for trade secret misappropriation, a Federal Circuit decision vacating an injunction in a trade secret case, and more.

Copyright Year in Review, April 1, 2022 – Present 
The panel will review current developments in copyright law, including decisions since September 2022, Copyright Office developments, and cases to watch.

Key Issues in Cyber Incident Response, Investigations and Litigation 
BakerHostetler partners David Sherman and Ed McAndrew will discuss recent developments in the cyber threat landscape, best practices in cyber incident response, and key issues in the exploding world of investigations and litigation related to cybersecurity.

ChatGPT, AI, and Legal Ethics - ETHICS
During the past year we have heard a lot about ChatGPT and AI. During this session we will look into the future together and try to determine how AI will impact the practice of Real Estate law.

Topics subject to change

ProPass does not apply to institute programs.

All attendees will receive the course materials as a digital book. A printed copy of the course book is available, at a discount to attendees, for $60. Additional copies are available at full price. If you wish to purchase the printed version of the course book, please call PBI Customer Service at 800-932-4637. Printed versions of the course book will not be distributed at the course; please allow up to two weeks after the program for the printed versions of the course book to be shipped.

Practice Areas


Holiday W. Banta Esq. Ice Miller LLP (IN)
Lauren Bass Esq. Baker & Hostetler LLP (NY)
Barry L. Cohen Esq. Royer Cooper Cohen Braunfeld LLC (Conshohocken)
Diane Siegel Danoff Esq. Dechert LLP (Phila)
Thomas J. Durling Esq. Flaster Greenberg, PC ( Conshohocken)
Jennifer L. Ellis Esq. Jennifer Ellis JD, LLC
Lisa Bollinger Gehman Esq. Baker & Hostetler LLP (Phila)
Laura A. Genovese Esq. K & G Law LLC
Allison Z. Gifford Esq. Stradley Ronon Stevens & Young LLP (Malvern)
Judge Mitchell S. Goldberg U.S. District Court for the Eastern District of Pennsylvania
Lesley McCall Grossberg Esq. Ice Miller LLP (Phila)
Stephanie M. Hatzikyriakou Esq. Baker & Hostetler LLP (Phila)
David S. Hollander Esq. Royer Cooper Cohen Braunfeld LLC (Phila)
Andrew J. Koopman Esq. RatnerPrestia (King of Prussia)
Jordan M. Kovnot Esq. Royer Cooper Cohen Braunfeld LLC (Phila)
Julie M. Latsko Esq. Royer Cooper Cohen Braunfeld LLC (Phila)
Benjamin E. Leace Esq. RatnerPrestia (King of Prussia)
Jacqueline M. Lesser Esq. Ice Miller LLP (Phila)
Steven M. Levy Esq. Accent Law Group, Inc.
Magistrate Judge Richard A. Lloret United States District Court for the Eastern District of Pennsylvania
Michael L. Lovitz Esq. Lovitz IP Law PC
Lauren C. Matturri Esq. Duane Morris LLP (Phila)
Edward J. McAndrew Esq. Baker & Hostetler LLP (Phila)
Steve Mendelsohn Esq. Mendelsohn Dunleavy PC
Judge John F. Murphy US District Court of the Eastern District of PA
Elizabeth M. O'Donoghue PhD, Esq. Stradley Ronon Stevens & Young LLP (Malvern)
Stacey D. Rabbino Esq. Royer Cooper Cohen Braunfeld LLC (Conshohocken)
Steven J. Rocci Esq. Steven J. Rocci P.C.
Nancy A. Rubner Frandsen Esq. Royer Cooper Cohen Braunfeld LLC (Conshohocken)
David B. Sherman Esq. Baker & Hostetler LLP (Phila)
Jillian M. Taylor Esq. Blank Rome LLP (Phila)
Donna A. Tobin Esq. Royer Cooper Cohen Braunfeld LLC (NY)
Kevin M. Wallace Esq. Baker & Hostetler, LLP (NY)
Joanna F. Wasick Esq. Baker & Hostetler, LLP (NY)
Joshua D. Waterston Esq. Wilftek LLC
Frederic M. Wilf Esq. Wilftek LLC
Judge Joshua D. Wolson U.S. District Court for the Eastern District of Pennsylvania
Faculty may vary by location.
PBI reserves the right to substitute speakers at all programs.
©2023 Pennsylvania Bar Association. All rights reserved unless otherwise provided in a separate agreement. Unauthorized use, duplication, republication or redistribution of this material is strictly prohibited without the prior express written consent of the Pennsylvania Bar Association.