section update
Intellectual Property Section
By Chis Lightner
Alston & Bird LLP
[email protected]
T
he Intellectual Property Section held a CLE luncheon
on March 25, 2014, titled “Supreme Review: a Look at
the High Court’s Docket of IP Cases.” The program was
presented by Jeffrey Freeman (Finnegan), David Moreland
(Meunier Carlin & Curfman), and Jason Rosenberg (Alston
& Bird). We had a good turnout for the event, which was
graciously hosted by Alston & Bird. Karen English of the
Atlanta Bar Association also did a great job in assisting us in
coordinating the event.
The Supreme Court will decide no less than seven patent
cases during this term, with decisions expected by June 2014.
Jeff spoke regarding a case addressing whether computerimplemented inventions are directed to patent-eligible
subject matter, an issue which the Court recognized could
have widespread effect on the U.S. patent system. He also
discussed another case considering the appropriate standard
for determining whether patent claim language sufficiently
points out and distinctly claims the invention.
planning a summer CLE event. Further details regarding this
event will be announced in the coming weeks.
On other fronts, the IP Section is exploring potential pro bono
and educational opportunities that will allow our membership
to give back to the community. For further details regarding
these efforts, please contact Chris Lightner, 2013-2014
Section Chair, at [email protected].
Lastly, the IP Section would like to thank our Annual Sponsors,
including AEA Group, IP.com, and Willamette Management
Associates. Their support contributes greatly to our ability
to provide programming and opportunities to the Atlanta
IP community, including our student membership. If your
organization is interested in section sponsorship opportunities,
please contact Chris Lightner, 2013-2014 Section Chair, at
[email protected].
David covered the Court’s look at whether a defendant may
be liable for indirect patent infringement even if no single
entity has committed direct infringement (which until recently
was a long-standing requirement for indirect infringement).
David also spoke about two cases examining the standard
for recouping attorney fees in patent cases.
Jason spoke regarding the highly publicized Aereo case,
in which the Court will decide whether re-transmitting a
copyrighted television program over the Internet is an
infringing “public performance.” Television networks have
threatened to stop broadcasting their signals over the air if they
lose, while cloud-based storage and streaming services could
be unintentionally ensnared by a ruling against Aereo. Jason
also discussed a case in which the Court will decide whether
a private party can bring a Lanham Act claim challenging a
product label regulated under the Food, Drug, and Cosmetic
Act.
In April, the IP Section held our annual IP SpringPosium event
at the Barnsley Gardens manor house. The IP Section is also
38 THE ATLANTA LAWYER
May 2014
The Official News Publication of the Atlanta Bar Association