31st Annual Intellectual Property Section Seminar 2019

MCLE Credits: 8.0
Ethics Credits Included: 2.0

Live on Site: Friday and Saturday, September 20 and 21 / Arlington
Registration: Friday: 12:00 p.m.
Program: Friday: 12:55 p.m. - Saturday: 12:45 p.m.
MCLE Credit: 8.0 (Ethics: 2.0)
Live-Interactive Credit: 8.0 Live Interactive MCLE Credit Symbol


Why Attend?

  • Explore the important changes and trends in all areas of intellectual property law
  • Network with your colleagues, and develop new contacts
  • Enjoy our social event and our location at Antonin Scalia Law School, George Mason University

Cosponsored with the Intellectual Property Section of the Virginia State Bar

Supported By:

Intellectual property law is constantly changing, and those practitioners who don’t keep up fall behind very quickly. These changes will have significant impact on our clients and on the practice of IP law. This conference will cover many of these changes, as well as look at the road ahead for additional developments that could be on the horizon.

Ways to Save

Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.



Friday, September 20

12:00 Registration and Lunch
12:55 Welcome and Introduction
Rob Tyler
1:00 Patent Trial and Appeal Board Panel
Panelists: Judge Boalick, Judge Deshpande, Jonathan Stroud
Moderator: John Morrissett

The panel will discuss recent events relating to PTAB practice, a discussion of recent relevant PTAB decisions, and best practices before the PTAB in post-grant proceedings from the perspective of an Administrative Patent Judge and the Solicitor’s Office.

2:00 Trademark Update from the USPTO
Meryl Hershkowitz

This presentation will cover recent developments at the USPTO’s Trademark Operations, including recent rule changes mandating electronic filing, and ongoing initiatives to ensure the accuracy and integrity of the Principal Register and combat improper application and inaccurate use claims.

3:00 Break
3:15 Trade Secrets Update
Matthew Nieman, Mary Zinsner

This presentation will review litigation under state and federal trade secret laws, including an assessment of the efficacy of the Defend Trade Secrets Act as means of protecting valuable intellectual property. The presenters will offer perspectives on trade secret disputes involving businesses and employees.

4:15 Professional Responsibility and Practice Before the USPTO (Ethics)
Will Covey

This presentation will cover the role and responsibilities of the USPTO’s Office of Enrollment and Discipline (“OED”), when and how OED investigates attorneys who practice before the USPTO, the potential outcomes of those investigations, and the possible implications of OED’s findings.  To illustrate those points Mr. Covey will discuss the public findings that OED has made in significant cases.
5:15 Session adjourns
5:30 Cocktail Reception

Saturday, September 21

8:30 Data Privacy Compliance Update
Gerard Stegmaier

This presentation will help attendees advise clients about their compliance obligations under the European Union’s General Data Protection Regulation (“GDPR”).  It will explain the critical elements of the GDPR, identify the steps that clients can take to ensure compliance with the GDPR, and provide information about how to reduce risk of noncompliance with the regulation.  The presentation will also cover the compliance challenges associated with the California Consumer Privacy Act of 2018 (“CCPA”) and highlight the similarities and differences between the GDPR and the CCPA.
9:30 Copyright and Digital Accessibility
Brandon Butler

This presentation will discuss how institutions of higher education can meet their mission of providing all students with equitable access to information within the current legal framework of copyright and civil rights laws. Topics will include civil rights laws that require creation and distribution of accessible texts by higher education and research institutions as well as whether or not copyright laws is a barrier to providing equitable access.

10:30 Break
10:45 Federal Judges Panel
Judge Liam O'Grady, Judge Richard Taranto, Judge Anthony Trenga
Moderator: Charles Molster

The panel members, with significant experience handling patent infringement and other IP matters in the Eastern District of Virginia, will discuss various issues associated with those cases, including recent Supreme Court, Federal Circuit, and Eastern District patent decisions; Alice update; enhanced damages and exceptional cases; awards of attorney fees; and PTAB cases and requests for stays in District Court pending PTAB proceedings.
11:45 Confidentiality: Part III (Non-Clients' Misunderstanding and Mistakes)
Thomas E. Spahn

This interactive session uses hypotheticals to explore lawyers’ confidentiality and disclosure duties in the context of non-clients’ misunderstanding and mistakes. Among other things, the session will address:  the difference between ethics and professionalism; dealing with unrepresented persons who may misunderstand a lawyer’s role; negotiation ethics (including adversaries’ factual or legal misunderstanding, substantive mistakes or scrivener's errors); litigators’ disclosure duties in the face of litigation adversaries’ or courts’ misunderstanding, mistakes, or scrivener's errors.

12:45 Seminar adjourns



Robert M. Tyler, Office of the University Counsel, University of Virginia / Charlottesville


Hon. Scott R. Boalick, U.S. Patent and Trademark Office / Alexandria
Hon. Kalyan Deshpande, U.S. Patent and Trademark Office / Alexandria
Hon. Liam O'Grady, U.S. District Court, Eastern District of Virginia / Alexandria
Hon. Richard G. Taranto, U.S. Court of Appeals for the Federal Circuit / Washington, DC
Hon. Anthony J. Trenga, U.S. District Court, Eastern District of Virginia / Alexandria
Brandon Butler, Director of Information Policy, University of Virginia Library / Charlottesville
Will Covey, U.S. Patent and Trademark Office / Alexandria
Meryl Hershkowitz, U.S. Patent and Trademark Office / Alexandria
Charles B. Molster, III, The Law Offices of Charles B. Molster, III PLLC / Washington, DC
John A. Morrissett, Troutman Sanders LLP / Richmond
Matthew F. Nieman, Jackson Lewis PC / Reston
Thomas E. Spahn, McGuireWoods / McLean
Gerard M. Stegmaier, Reed Smith LLP / Washington, DC
Jonathan Stroud, Unified Patents Inc. / Washington, DC
Mary C. Zinsner, Troutman Sanders LLP / Tysons

Locations, Dates and Fees

LIVE REGISTRATION FEES (All registrants will receive access to a complete set of downloadable e-book seminar materials.)

$299* regular registration (without printed materials).
$329 regular registration plus printed materials.
$279* preregistering VSB Intellectual Property Section member (without printed materials).
$309 preregistering VSB Intellectual Property Section member plus printed materials.
$349 on-site registration (if space is available) (printed materials included).

*Available until 3 business days before the program


ARLINGTON / Friday and Saturday, September 20–21
Antonin Scalia Law School, George Mason University (Venue Website / Google Map)
3351 North Fairfax Drive

Click here if you wish to register three or more people from the same firm.

A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.

Lower Registration Fee and Greater Functionality with Downloadable E-Book Seminar Materials

ALL seminar registrants will receive access to a complete set of downloadable e-book seminar materials. E-book materials are searchable, easily accessible, and efficient to use.

When registering, please be sure to provide a legible, valid e-mail address to which Virginia CLE® can send a link to the e-book materials.

Registrants who elect a registration option that includes downloadable e-book seminar materials only and not the printed materials will receive, at the seminar, a short, printed seminar outline with space to take notes.

Printed Materials: You still have the option of receiving a complete set of printed materials for a higher registration fee. Registrants who choose this option will receive printed materials at the program.


To receive access to the downloadable e-book materials BEFORE the seminar AND register for the lower fee, your registration must be received no later than 5:00 p.m. three business days before the seminar. A link to the downloadable e-book materials will be e-mailed to you two business days before the seminar. Once you download the materials, you can review them and print the portions you want to bring with you to the seminar.

After 5:00 p.m. THREE BUSINESS DAYS BEFORE the seminar, only the registration options that include printed materials will be available.

Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar.  You will, however, be charged $90 for the materials if you cancel your registration for the seminar, or transfer registration to a different seminar, after the link to the materials has been e-mailed by Virginia CLE®.

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.

  • Add to Cart
unlimitedpasssidebar  Bundlediscounts  designationssidebar  Buy a 16-Credit Online Bundle and get two free books of your choice.  Calendar probonodiscount National Interest  Essentials Seminars