Annual Report Bigger and Better...for You
Vision + Mission VISION:
AIPLA will expand its role as an
We serve our members, fostering
works in keeping with the public
innovator, powerful advocate, and
their professional and leadership
visible global leader in intellectual
development, helping nurture
property through our commitment
and mentor them as they advance
to education, outreach, member
within our profession, keeping them
service, and advocacy.
informed in an ever-evolving legal environment, and enriching the diversity of the profession in which we practice, while responding to their personal and professional needs; We serve public policy leaders, whose mission is to develop, implement and maintain our intellectual property system, assisting them with objective and unbiased analysis, and helping establish and maintain fair and effective global laws and policies that stimulate and
We serve the public, providing education as to the daily value and benefits of a strong intellectual property system that fosters incentives for creativity & innovation, while balancing the publicâ€™s interest in healthy competition, reasonable costs and basic fairness; and We serve our association and its employees, providing sound management, financial stability, stable succession, and a vibrant, respectful and collaborative workplace environment, delivering oppor tunities and suppor t for all to lead, create and thrive.
reward innovation and creative
Strategic Goals ADVOCACY:
AIPLA will provide crucial leadership
AIPLA will support the professional
AIPLA will expand its influence to
and unbiased analysis leading
and intellectual growth of its members
the global community and provide
the way for world-class policy
through a flexible organizational
leadership and guidance for the
and decision-making, while
framework and innovative channels
development of sound global
attracting membership, ideas, and of communication, delivering
intellectual property standards,
resources as a highly sought after
outstanding services, cost-effective
laws and policies.
and respected thought leader.
programs and mentoring opportunities,
PUBLIC EDUCATION: AIPLA will educate the public about the daily value of intellectual property so that its importance is understood and appreciated.
2 â€˘ A I P L A 2012- 2013 Annua l Repor t
thereby ensuring that AIPLA remains the premier intellectual property association, and attracts IP professionals from around the world.
Table of Contents
5 A D V ANC I NG I P IS S UE S 7 LEA D I N G THE PACK WITH E DUCATI ON 11 T OP - NO TC H PUBL ICATIO NS 15 O N E - O N - O N E WITH IP PRO F E S S IONALS 1 9 H E R E WE G R O W AG AIN 23 A M E S S AG E F RO M THE AIPL A PRE S ID ENT
AW ARD I NG THE BEST
27 31 35
MESSAGE FROM THE EXECUTI VE D I RECTOR
LEAD ERSHI P AND STAFF
OP ENI NG NEW MARKETS I NFORMI NG THE P UBLI C
AIP L A 20 1 2-20 1 3 A n nu al R epor t • 3
...I am overwhelmed by how much we have accomplished as an Association.
4 â€˘ A I P L A 201 2- 2013 Annua l Repor t
It is a cliché to say that the last 12 months—my year as AIPLA President—have flown by quickly, and yet they have. As I look back over this last year, I am overwhelmed by how much we have accomplished as an Association. In this annual report, you will read about our work on Capitol Hill, dealings with the government on regulatory issues, and amicus filings (because of course intellectual property stayed front and center at the US Supreme Court again this year) and activities on the domestic and global stages. While we have a lot of intellectual property issues to address domestically, I also had the opportunity to represent American IP interests around the world. I have visited more than a dozen countries on five continents in the last 12 months, and in each I have found uniform admiration and support for the American system. While traveling I am regualarly asked where the American IP system is going, because they too see the destructive nature of the current events in our country.
These international meetings have highlighted that there are many IP issues that transcend boundries and that are being experienced in each of these countries and globally. Here in the USA, it has become clear that there is a need to educate the public about IP, and so “Taking IP to the People” became a mantra for my year. One way to increase our communication was increasing the domestic observance of World IP Day, the annual celebration dedicated to intellectual property as a means of stimulating innovation and creativity. Traditionally, AIPLA participated in celebrations in the Washington, DC area—on Capitol Hill, at the Copyright Office, and at the US Patent and Trademark Office—but this year we expanded World IP Day celebrations to be around the US (and participated in two international events as well). Those celebrations still included Washington, DC, of course, but they also took place in Charlotte, NC; Dallas, TX; Denver, CO; Detroit, MI; San Jose, CA; and New York, NY;
Vietnam and Thailand. The events were as varied as the locations, with discussions of fashion law, trademarks, licensing, high technology and even song writing. I hope you will agree after reading this Annual Report that AIPLA had a remarkable year. And it is thanks to AIPLA’s Committees, Board of Directors, and professional staff. Each, individually and working together, is the lifeblood of our Association. They continue to amaze me at their hard work as well as the collective breadth of knowledge and creativity. I have been honored to work with people who truly are the best and brightest in our profession, and I thank you for the privilege of serving as AIPLA’s President and representing your interests.
Jeffrey I.D. Lewis AIPLA President 2012-2013 AIP L A 20 1 2-20 1 3 A n nu al R e po r t • 5
Advancing IP Issues
6 â€˘ A I P LA 201 2- 2013 Annua l Repor t
AIPLA members are proud of our work advancing the IP profession.
AIP L A 20 1 2-20 1 3 A n nu al R e po r t â€˘ 7
Advancing IP Issues
Each time we conduct a member survey, AIPLAâ€™s advocacy efforts always rate high as an important member benefit. This involves work with Capitol Hill, the White House, the USPTO and government agencies. Here is a sampling of what we worked on this year:
8 â€˘ A I P LA 201 2- 2013 Annua l Repor t
O n Capit ol Hi l l
W i t h t h e G o v e r nm e nt
As the 112th Congress drew to a close, important
As the sequestration budget cuts made sweeping
intellectual property issues were addressed with the
impacts across the government, AIPLA continued
enactment of the Patent Law Treaties Implementation
to be a strong and vocal advocate for a fully funded
Act and America Invents Act Technical Corrections bill.
US Patent and Trademark Office to secure the much
With the America Invents Act implemented, the 113th
needed improvements at the heart of the America
Congress turned its attention toward calls to address
the problem of abusive patent litigation. AIPLA is actively
AIPLA remained active at the US Patent and Trademark
advocating on behalf of its members to ensure the
Office, providing comments and testimony on issues
proposals properly balance the interests of patent
including patent small claims, request for continuing
owners and users of technology.
examination practice, implementation of the Patent
The Register of Copyrights and House Judiciary
Law Treaty, genetic testing, and the quality of software
Committee have called for a comprehensive review
of US Copyright Law. AIPLA is actively monitoring
AIPLA also provided commentary to the US Copyright
the discussions with the goal of being an important
Office, Federal Trade Commission, Department of
and objective resource on these issues.
Justice, US International Trade Commission, and US
In the C ourt s
Intellectual Property Enforcement Coordinator on issues such as orphan works and mass digitization,
Intellectual property issues were front and center at
patent assertion entities, exclusion order enforcement,
the US Supreme Court during the past year. AIPLA
and trade secret theft.
maintained its commitment to appellate advocacy, filing six amicus briefs in Already, LLC v. Nike, Inc.,
Gunn v. Minton, Federal Trade Commission v. Actavis,
Inc., The Association for Molecular Pathology v. Myriad Genetics, Inc., Bowman v. Monsanto Co. and Static Control Components, Inc. v. Lexmark Int’l, Inc.
AIPLA also filed amicus briefs to the en banc Federal Circuit in CLS Bank International v. Alice
Corp. Pty. Ltd., and Lighting Ballast Control LLC v. Phillips Electronics North America Corp.
I n t h e I n t e r n a t i o n a l A r e na AIPLA’s advocacy on international intellectual property issues continues to grow. AIPLA provided comments on a number of legislative and regulatory proposals to the Internet Corporation for Assigned Names and Numbers (ICANN), World Intellectual Property Organization, European Patent Office, and the IP5, as well as the governments of the People’s Republic of China, India, and Japan.
View the Ful l Annua l Repor t O n li n e
AIP L A 20 1 2-20 1 3 A n nu al R e po r t • 9
Leading the Pack with Education
10 â€˘ A I P L A 201 2- 2013 Annua l Repor t
Members looked to AIPLA for their CLE and professional development needs in record numbers this year.
AIP L A 20 1 2-20 1 3 A n nu al R epor t â€˘ 1 1
Leading the Pack with Education You asked…we answered. We’ve been busy this year, developing broader, more accessible programming on the changes in the law due to the America Invents Act , and more. S i debar W eb i na r s Launched in 2013, the webinars provide an inside look
F r o nt & C e n t e r D i s c u ss i o n S e r i e s
into the oral arguments in cases where AIPLA has
The IP industry is not all laws, rules, and decisions.
participated as an Amici. We’ve been able to bring together the counsel representing both sides of issues to help provide our members some unique insight into what the court was asking, and the issues that were most contested. The cases that we covered include CLS Bank v. Alice Corp., FTC v. Actavis, Inc.,
Molecular Pathology, Inc. v. Myriad, and Lighting Ballast v. Universal Lighting. More than 1,000 members have taken advantage of these free programs.
In n ovat e & P r ot ect— O r G et Left Behi nd This year’s theme for the 2013 Mid-Winter Institute provided attendees with a unique opportunity to bring together business executives and IP professionals to learn how to work together to protect and maximize their IP; to learn why IP is so important to a company’s survival in the 21st Century and how to successfully integrate IP innovation and protection into a business strategy. The program also included an interactive, team-building session led by a leadership trainer, bringing people together to think through best practices and procedures to create a more collaborative and cooperative environment between business executives and in-house IP counsel and between in-house and outside IP counsel to maximize the extraction of value from your IP. This really was a unique program and is serving as a model for future Mid-Winter Institutes.
Front & Center is AIPLA’s new web-based discussion
series focusing on the other side of IP—the business, management, logistics and enforcement of IP. This interactive series is led by industry leaders. So far, we’ve brought AIPLA members an interested look with in-house counsel on budgets, discovery, IP management, and outside counsel from Chief IP counsels from HP and Medtronic. Future programming
will provide an inside look from a judicial perspective, and an inside look from an IP enforcement perspective.
D i v e r si t y Our mission at AIPLA is to lead and serve a diverse IP community by enhancing knowledge and shaping the future of IP law. AIPLA believes that diversity among its membership is essential to our ability to accomplish this mission. Diversity embodies all those differences that make us unique individuals and includes people of different race, ethnicity, culture, sexual orientation, gender, religion, age, personal style, appearance, and physical ability, as well as people of diverse opinions, perspectives, lifestyles, ideas, and thinking. Because diversity and individual uniqueness brings creativity and vitality to an organization, we recognize the importance of diversity to AIPLA. We are, therefore, committed to providing an environment of fairness and equitable treatment of everyone, regardless of gender, race, creed, age, sexual orientation, national origin, disability, or class.
12 • A I P L A 2012- 2013 Annua l Repor t
This year, we hosted LGBT Diversity Receptions during the Annual, Mid-Winter, and Spring Meetings. Additionally, we partnered with Microsoft Legal and
Corporate Affairs on the “2013 IP Law Diversity Summit” at Stanford University in California, as well as hosted our own program on Recruiting, Retention and Advancement of LGBT IP Professionals. Once again we worked with Microsoft, as well as our own Corporate Practice, Diversity in IP Law, and Law Practice Management Committees.
Partner ing for I P E d uca t i on
CLE For New Lawyers The New Lawyers Committee spearheaded this special program designed specifically for new lawyers on topics such as “iPads for IP Lawyers” and “Ethics in Patent Prosecution.” These programs are held simultaneously through a video-conference to cities around the US. In 2013, we held these programs at 10 different law firms in seven cities.
W e bi n a r s AIPLA’s online education program has been in full
Members asked for broader, more accessible program
swing since 2004. In 2013, we offered more than 46
on the changes in the law due to the America Invents
webinars on a wide variety of IP topics, reaching
Act, and more. We delivered through our own programming,
members around the US and the globe.
On the Road
as well as through partnerships,
“ A Ne w W o r l d of Pat ent O p t i ons” with the
Association of University Technology Managers at Texas A&M University in College Station, TX. This program brought together USPTO representatives, and industry experts to help Technology Managers navigate the challenges presented with the AIA changes in the law.
“ A dv a n c e d P a t ent Pr ac t i c e Under t he Am erica I nve n t s Ac t ” with the Center for American and International Law in Dallas, TX. This program provided an interactive setting to hear how chief IP counsel of leading corporations are reacting to the implementation of the America Invents Act, and what leading lawyers in private practice are advising their clients about patenting, licensing and enforcement strategies in response to the AIA.
“ P at e nt L a w I ns t i t ut e” — AIPLA partnered with
the Duke University Law Center for Judicial Studies to provide a one-week intensive study program aimed at bringing people up to speed on the AIA on the Duke campus in Durham, NC.
“ I P a n d Na t i o n a l Innovat i on S t r at egi es in A sia - P a c i f i c ” with the University of Washington School of Law’s Center for Advanced Study and Research on Intellectual Property in Seattle, WA. As well as through our support of:
We offered traveling programs on the America
Invents Act in San Jose, Chicago, and Arlington, VA,
sponsored the Trademark Prosecution Bootcamp and
Patent Prosecution Bootcamp in Alexandria, VA, conducted Patent Cooperation Treaty Programs in Minneapolis,
MN and Alexandria, VA, a Chemical Patent Practice seminar in Wilmington, DE, and the Electronic and
Computer Patent Law Summit in San Jose, CA. We also continued our over 30-year tradition of partnering
with the USPTO to provide core IP training to Legal
Secretaries and Administrators with two programs, one in June and one in November. We did all of this, and still had record attendance at our Annual Meeting in Washington, DC, bringing
together more than 2000 IP professionals to address cutting-edge topics in IP law. At our Mid-Winter
Institute in Tampa, FL we brought together nearly 600 business executives and IP professionals, and at our Spring Meeting in Seattle, WA, where we had an
opportunity to host more than 650 IP professionals and hear from Congresswoman DelBene and Intellectual Ventures CEO, Nathan Myrvold.
“ 20 1 3 I P I n st i t u t e” at the USC Gould School of Law in Beverly Hills, CA, and “The S t at e IP O f fice of C hin a ( S I P O ) - Car doza” Program at the Benjamin N. Cardozo School of Law’s Intellectual Property & Information Law Program, in New York, NY.
View the Ful l Annua l Repor t O n li n e AIP L A 20 1 2-20 1 3 A n nu al R epor t • 1 3
Top - Notch Publications
14 â€˘ A I P L A 201 2- 2013 Annua l Repor t
Newsletters, surveys, journals, social media... AIPLA keeps you up- to - date on all things IP.
AIP L A 20 1 2-20 1 3 A n nu al R e po r t â€˘ 1 5
Top - Notch Publications From in - depth legal scholarship in the AIPLA Quarterly Journal , to a look at a day in the life of the AIPLA President, AIPLA’s publications continue to be sought - after and respected throughout the IP community. AIPLA Quarterly Journal
The Journal celebrated its 40th
division of IP Media Group, helps
A partnership with Lexology, a AIPLA share on a daily basis
anniversary this year and we
breaking developments in IP as
re-published Judge Giles Rich’s
well as access to a number of
article from the inaugural issue.
articles on relevant IP topics. As
The Journal has expanded in the
intended, the AIPLA Newsstand
past few years to also include
arrives every day, but our members
Student Notes. This provides
have the ability to change their
us a greater opportunity to cover
subscription to a weekly or
diverse subject matter in each issue.
monthly digest if they prefer.
Written by former BNA Patent,
Published following each stated
Trademark, Copyright Journal
designed to be responsive to
tor of Legal Affairs, Jim Crowne,
comes out when news is relevant,
from the President, captures the
the Direct provides analysis and
but doesn’t clog up your inbox
activities of the meeting, and
unnecessarily. The archives of
provides our Committees the ability
portant IP legislative, regulatory,
all previous Directs, previously
to share their projects and
Editor, and current AIPLA Direc-
insight into some of the most imand judicial issues facing the IP bar. The AIPLA Direct is
16 • A I P L A 201 2- 2013 Annua l Repor t
the latest developments and
known as AIPLA Reports, are posted on AIPLA’s website
meeting, the Bulletin is an electronic
publication that provides an update
accomplishments with the broader AIPLA membership.
Books c o - p u bl i sh e d M o de l P a t e n t Jury w i t h Bl o o m be r g BN A I n st r u c t i o n s
AIPLA Report of the Economic Survey This report provides an in-depth look at the IP market, from being
AIPLA collaborated with BNA
Originally developed in 1997, the
Bloomberg to release updates
Model Patent Jury Instructions
to the “Electronic and Software
are widely respected and used
Patents: Law and Practice,” third
throughout the US. The 2012
edition: a strategy guide that
edition was distributed to district
helps practitioners deal with
court judges around the country,
and is available on the AIPLA
changes in USPTO policy, and
website. The instructions provide
pivotal court rulings; and, the
a model set of jury instructions
“Intellectual Property Law in
that are not biased in favor of
Cyberspace,” second edition; a
either the patent owner or the
critical resource practitioners
accused infringer and address
need to protect and enforce
issues that most typically arise
clients’ IP rights as they relate to
in patent litigation and that have
the Internet. More collaboration
clear precedential support.
is planned in the future, and all of these products are available
E du c a t i o n a l M ate rials
compares in the marketplace,
to members at a discounted rate.
AIPLA maintains several years
to comparing your pricing and
The Bl o g
able to see where your compensation
billing rates against your peers.
of educational papers and slide presentations that are prepared
The Report, published every
AIPLA President Jeffrey I.D. Lewis
and presented at AIPLA’s conferences
launched a blog through a part-
and seminars throughout the year.
of 2013, and for the first time,
nership with managingip.com.
If you’re looking for a paper
With this blog, he was able to
written on an obscure IP topic,
share the details of his experiences as
chances are you’ll find it on
he traveled the US and around
AIPLA’s website in our Library.
Report analyzes some specific
the world representing the As-
A search on the AIPLA website
sociation and in many cases,
for “obviousness,” for example,
the relative cost of NPE litigation.
he learned more than he shared,
yields over 350 results.
other year, was released in July provided a greater breakdown of “at-risk” categories for varying types of IP litigation, and, the types of patent litigation, including
bringing his insights back to the Association.
AIP L A 20 1 2-20 1 3 A n nu al R epor t • 1 7
One - on - One with IP Professionals
18 •• AAI PI PLA 18 L A 2012 201 2-A2013 n n u al Annua Repor lt Repor t
Opportunities to network continue to rank as one of AIPLAâ€™s highest benefits.
AIP L A 20 1 2-20 1 3 A n nu al R e po r t â€˘ 1 9
Over 6,600 members participated in one or more Committees—the best way to get involved in AIPLA—this year.
20 • A I P LA 201 2- 2013 Annua l Repor t
Meeting with other IP professionals i n similar practice areas continued to be a huge benefit this year. Much of this networking was made possible through AIPLA’s nearly 50 committees. – r ea L ea r ni ng Pract ice–A
F o o d a nd F u n
Most Committees offer educational sessions
In addition to the networking breakfasts at the
during the Spring, Mid-Winter and Annual Meetings,
Spring, Mid-Winter and Annual Meetings, the Women
providing members with the perfect opportunity to
in IP Law Commitee hosted dinners in dozens of cities
meet one-on-one with others engaged in the same
across the country.
subject matter. Several also hosted webinars featuring
The New Lawyers Committee held its annual retreat
experts on topics specific to their practice areas.
this summer and hosted happy hours in over twelve cities providing attorneys the opportunity to share
S o cial M edi a AIPLA’s Committees have expanded their use of
ideas with others new to the profession.
social media. In addition to the AIPLA Facebook, Twitter and LinkedIn pages, many Committees have their own LinkedIn pages and regularly participate in discussions via electronic mailing lists.
N e wslet t er s Five Committees currently have their own newsletters, and several others are currently in the development process. The Food & Drug Committee just launched “FDA Flash,” the New Lawyers produce
V i si t i n g O t h e r C o u nt r i e s
“Antitrust Newsletter,” the Patent Law Committee offers
trips to other countries to meet with foreign governments
“Business Casual,” the Antitrust Law Committee has
Many of our international Commitees frequently host
members the “Teachings and Suggestions” newsletter
and counterparts. The IP Practice in Europe, IP
and the Biotechnology Committee’s newsletter is
Practice in Japan, IP Practice in the Far East, IP
called “Biotech Buzz.”
Practice in Latin America, and for the first time, the Special Committee on IP Practice in Israel, all hosted successful trips this year.
View the Ful l Annua l Repor t O n li n e AIP L A 20 1 2-20 1 3 A n nu al R epor t • 21
Here We Grow Again
AIPLA membership continued to grow this past year as we added four new member categories.
AIP L A 20 1 2-20 1 3 An nu al R epor t â€˘ 23
Here We Grow Again
IP Professional Affiliate
IP Advisor/ Technical Advisor Affiliate
24 â€˘ A I P LA 201 2- 2013 Annua l Repor t
Expanding our membership categories to new groups makes us a stronger association, and brings different views into the conversation. AIPLA membership continued to grow this past year, exceeding our budget projections by two percent. We added four new member categories in total:
Two catyear, egor i es we w er e added a d d e d f o r two W e anew l so a dde d t w o new This membership th ose not qua l i fi ed for r eg ul a r , c a t e g o r i e s f o r o t he r g r o ups: j unior , pat e nt a gent ei g n o r not qualified for categories for, forthose USPT O p r ofessi ona l a ffi l i a t e . Government Affiliate regular, junior, patent agent, foreign or IP Pr of essi ona l Affi l i a t e USPTO professional affiliate:
For those qualified for patent agent or foreign affiliate membership who are full-time employees
For those engaged in the field who negotiate and manage licensing, transactions, and technology transfer of IP assets; perform IP surveying, map or analyze IP portfolios, or have responsibilities
of a government, or persons who are not qualified for membership but are full-time professional
employees of a government and whose role or department has responsibilities with respect to IP.
with respect to IP for a business entity.
IP Par ale ga l / Technica l Ad vi sor Affi l i a t e For those who substantively support the efforts of a person qualified for membership; specifically
J udi c i a l For those employed full-time as a judge in any court, agency, or office of the US or of any state or territory thereof or the District of Columbia who have an interest in IP law.
including technical advisors who assist with drafting patent applications and IP paralegals who assist with preparation of formal filing and litigation documents.
View the Ful l Annua l R epor t O n li n e
AIP L A 20 1 2-20 1 3 Annu al R e po r t • 25
Opening New Markets
Jeff Lewis and Todd Dickinson lead the first AIPLA Committee trip to Israel.
26 â€˘ A I P L A 2012- 2013 Annua l Repor t
Participating on the global stage provides a great opportunity to work on international norms and harmonization.
AIP L A 20 1 2-20 1 3 An nu al R epor t â€˘ 27
Opening New Markets
Working with international counterparts helps AIPLA members and clients in every country. Here are just a few of the ways AIPLA is making progress on our global initiatives. A IPLA Acqu i r es A IPPI-US
Office (EPO), Japanese Patent
Office (JPO), and the State Intellectual
Office (JPO), the State Intellectual
Property Office of China (SIPO)
AIPLA’s international reach was
Property Office of China (SIPO)
to discuss intellectual property
and the Korean Intellectual Patent
issues with officials of the patent
Office (KIPO)—on harmonization and
offices and delegates from other
the improvement of patent law and
national and local IP associations.
broadened this year through the acquisition of the US group of the International Association for the Protection of Intellectual Property
procedures. We participated in other global cooperation meetings and the Trademark Trilateral.
I n t e r na t i o na l C o m m i t t e e s Unite
This year, the AIPPI-US Division
Additionally, AIPLA is active in the
This year, AIPLA undertook a
submitted reports to AIPPI on
Global Dossier Task Force, working
reorganization of the various
grace period, well-known marks,
with the IP5 offices, industry IP5
international Committees into one
term of copyright protection, and
organziations, and the World
Global Sector and held the first
relief in IP proceedings. AIPLA
Intellectural Property Organization.
Global Sector Pre-meeting at the
representatives presented these
AIPLA stayed active in US Bar
2013 AIPLA Spring Meeting to
(AIPPI), now known as the AIPPIUS Division.
reports for consideration at the 2013 AIPPI Forum and Exco meeting in Helsinki, Finland.
such as the Trilateral, Industry Trilateral,
Liaison Council meetings, sending representatives to the annual meetings with the European Patent Office (EPO), Japanese Patent
encourage coordination among these Committees. These efforts resulted in the creation of the Patent Treaties and International
A Global Lea d er
Policy Committee to help
AIPLA worked hard to establish
spots within the Global
itself as a global leader for intellectual property, taking on a leadership role in the Industry IP5, which advises the five major patent offices—the USPTO, European Patent
28 • A I P L A 2012- 2013 Annua l Repor t
cover substantive blind Sector, as well as development of the Global IP section of the AIPLA website to foster communication.
meetings including the
in private practice) co-hosted
Intergovernmental Committee on
a Colloquium on the Protection
Intellectual Property and Genetic
of Confidentiality in IP Advice in
Resources, Traditional Knowledge,
Paris, France. Additionally, AIPLA
and Folklore, the Director General
hosted meetings with international
meeting with Non-Governmental
delegations including the EPO-US
Organizations, Standing Committee
Bar Patent Quality Meeting, and
on Copyright, and the Diplomatic
delegations from China and Korea.
Conference to Conclude a Treaty
AIPLA served as co-host with the
to Facilitate Access to Published
Intellectual Property Owners
Works by Visually Impaired
Association for meetings of the
Persons and Persons with Print
A IPLA at In te r nat ional M eet i ngs AIPLA was represented by leadership at a number of international events including the annual meeting of AIPPI, the Global Network of National IP Practitioners Association Summit, the Brazilian Association
AIPLA continued to monitor intellectual property issues at the World Trade Organization (WTO),
Our international practice
the World Health Organization (WHO), the United Nations Framework Convention on Climate Change
and the World Intellectual Property Organization Diplomatic Conferences and Annual Assemblies meeting. Throughout the year, AIPLA was represented at multiple WIPO
Committees continued to strengthen AIPLA’s international presence, organizing delegation trips to
(UNFCCC), and the International
Europe, Japan, the Far East, Latin
Corporation for Assigned Names
America, and for the first time
and Numbers (ICANN).
Israel. On each trip, the delegates
of Intellectual Property Annual Meeting, the Business of IP Forum,
M e e t i n g I n t e r natio nal Counterparts
AI P L A - ho s t e d E v e n t s AIPLA, along with AIPPI and FICPI, (the Fédération Internationale des Conseils en Propriété Industrielle, a non-political world-wide association
were given the opportunity to both network with and learn from representatives of national and local intellectual property offices, associations, industry groups, and businesses .
of intellectual property attorneys
View the Ful l Annua l Repor t O n li n e
AIP L A 20 1 2-20 1 3 Annu al R e po r t • 29
Informing the Public
3 0 â€˘ A I P L A 201 2- 2013 Annua l Repor t
AIPLA tells our story to the public in a variety of ways.
AIP L A 20 1 2-20 1 3 A n nu al R epor t â€˘ 3 1
Informing the Public IP is protected by a set of legal rights with both
We are concerned negative perceptions and
constitutional and common law origins.
misperceptions about the intellectual property
A goal of these rights is to both
system are becoming more widespread in the public at
incentivize and protect
large and that these misperceptions are in
creative and inventive
large part based on a lack of understanding of
works ... to
the system itself and of its historic
origins and current real world value. Our
goal with is to educate the public and its
representatives on IP and its value.
in planting and nurturing the seeds and hopefully to allow them the time and opportunity to reach their full maturity and potential and bear fruit for their creators and the community as a whole. We believe that IP has been a major engine in the economic and artistic flowering of our country. We believe it is a resilient system that has been and should be able to adapt over time to changing technologies and economic pace and environment. We believe that historically and globally, the most robust innovation and energetic research as well as most active artistic communities have been fostered in countries and periods with the most reliable protection of intellectual property.
3 2 â€˘ A I P L A 2012- 2013 Annua l Repor t
In Charlotte, NC through a partnership with the Licensing Executives Society.
Recognizing that appreciation for the value of IP starts at a young
In Detroit, MI partnering with TechShop Detroit, focusing on automotive and other high-tech
AIPLA has been involved in sponsoring programs celebrating World IP Day for a number of years. This year, we took on the challenge of significantly expanding
In Dallas, TX, partnering with
pre-college competition recognizing
70 countries participated in the
T r a de m a r k E x p o
In San Jose, in collaboration
AIPLA continued to support this
individual volunteers, the Day was
Alexandria, VA, in conjunction
AIPLA continued its support,
with the World Intellectual
sponsoring scholarship to Invent
Property Organization (WIPO) highlight on STEAM (Science and Technology, interpreted through Engineering and the Arts, all based on Mathematical elements, and including a focus on the changes brought to the system by 3D printing technology. •
In New York, NY at the Fashion Law Institute in conjunction with the NY IP Law Association.
education people on the value of
Camp & Club Invention
On Capitol Hill, and in
and the USPTO, with a special
program open to the public to brand names and other trademarks.
achievement of young researchers.
with the Colorado Bar IP Section.
Association and the San Jose
with local IP law associations and
the innovation and scientific
In Denver, CO in conjunction
with the Silicon Valley IP Law
our celebrations, through a partnership
at this annual competition. Over 1,500 high school students from
Institute for Policy Innovation. •
age, we continue to present awards
industries. the local Chambers and the
World IP Day
Intel® International Science a n d E n g i n e e r i ng F a i r
Now’s Camp and Club Invention
AIPLA also co-sponsored two
Programs. The camps are one-
international programs, the
week summer day camps for
first in conjunction with the Intellectual Property Association of Ho Chi Minh City, Vietnam and the second in conjunction with the United States Embassy American Chamber of Commerce in Thailand.
elementary school children, designed to help students discover their own innate creativity and inventiveness through hands-on science, technology, engineering, and mathematics (STEM) content. Last year, the program impacted over 76,000 children in 49 states.
View the Ful l Annua l Repor t O n li n e
AIP L A 20 1 2-20 1 3 Annu al R e po r t • 3 3
Awarding the Best
3 4 • A I P LA 201 2 2-A 2013 n n ua l Annua Reporl t Repor t
2012 Board of Director’s Excellence Award Recipient, The Honorable Pauline Newman
Our award winners were nothing short of O UTSTANDING.
AIP L A 20 1 2-20 1 3 An nu al R epor t â€˘ 3 5
Awarding the Best
Boar d of Di r ec t or s’ E xc ellenc e Aw ar d The Honorable Pauline Newman, Court of Appeals for the Federal Circuit , W ashington, DC
F or her extr aor dinar y leader ship and ser vice to the IP Com m unity, which is repr esentative of a distinguished car eer m ar ked by intellect, integr ity, and an u nwaver ing com m itm ent to the a dm inistr ation of justice.
President’s Outstanding Service Award Ma r g a r e t A. B o u l w a re, B o u l w a r e & Val oi r, H o u sto n , T X For her years of service to AIPLA, as President, Board member and Committee leader, and for her work in developing the Women’s Retention Survey.
3 6 • A I P L A 2012- 2013 Annua l Repor t
Project Awards for Service to AIPLA Gregory D. Allen, 3M Innovative Properties, St. Paul, MN
Past Presidents Award Darran Smith, Fulbright & Jaworski, LLP, Houston, TX
The Robert C. Watson Award recognizes law students for original and creative articles which contribute to the knowledge of intellectual
For his leadership as Chair of the Patent Office Practice Issues Group of the Special Task Force on the America Invents Act Rulemaking.
Mentor of the Year Tracy Corneau, Borden Ladner & Gervais, LLP, Ottowa, Ontario, Canada
Samantak Ghosh of the University of California, Berkeley School of Law.
Herbert D. Hart, McAndrews Held & Malloy, Ltd., Chicago, IL
The AIPLA Giles Sutherland Rich Moot Court Competition
The Jan Jancin Competition,
celebrated its 40th anniversary,
Intellectual Property Law Education
For his leadership as Chair of the Post-Grant Review Group of the Special Task Force on the America Invents Act Rulemaking.
with four regional competitions followed by a national competition
property. The 2012 winner was
administered by the American Foundation (AIPLEF), in collaboration with the ABA-IPL section, includes two separate awards offered to
Alan J. Kasper, Sughrue Mion, PLLC, Washington, DC
for the top two teams from each
For his leadership as Chair of the Special Task Force on the America Invents Act Rulemaking.
opportunity to argue their cases.
study of IP law.
The team from the University of
Sarah Fink from St. Johnâ€™s University School of Law was the 2012 winner.
Michael K. Kirk, Santee, SC For his outstanding service to the American Intellectual Property Law Association, particularly in his leadership as Chair of the Special Task Force on the America Invents Act Rulemaking. Kenneth N. Nigon, RatnerPrestia, Valley Forge, PA For his service on the America Invents Act Committee of Experts.
region. During the finals, students from eight law schools earned the
Texas took home the top prize. The late Judge Rich was a judge
law students nominated by their schools who have excelled in the
of the US Court of Appeals for the Federal Circuit, and one of the
Maurice Klitzman Award
field of patent law in the world.
AIPLA continues to support young
most distinguished jurists in the
IP professionals with this award allowing a junior corporate attorney or corporate patent agent the opportunity to attend the AIPLA Annual Meeting. Jason Sosa, of IBM in Endicott, NY attended the 2012 Annual Meeting.
AIP L A 20 1 2-20 1 3 An nu al R epor t â€˘ 3 7
A Message from AIPLA’s Executive Director The IP Landcape—A Look Ahead Legislation & Regulation There is no doubt that the America Invents Act accomplished a sea change in many areas that will go a long way towards establishing a set of laws and procedures that reflect best practices that can be relied on in a world economy. However, even before we see how the proposed system will work in practice, there are potential statutory and regulatory changes to the AIA currently under discussion, particularly relating to the issue of patent assertion
their authorities to administer and
which deal with IP. How this will
interpret the AIA, we anticipate that
play out remains to be seen, but
some of these legislative initiatives
please be assured that we maintain
will be taken up by the Congress
this at the top of our list of priorities
this term or next. As we always do
in our work with both Congress and
on behalf of both our members and
the Administration, as we always
the best long-term interests of the
will. Finally, we make it our business
IP system, AIPLA has taken
to make sure that we keep our
significant steps towards developing
members informed on the outcome
our positions and rationales on the
of this, the PAE proposals, and all
various proposals so far, and have
legislation that impact on our
begun to communicate them
profession and our members and
effectively to Congress, both
individually and in coalition.
On the regulatory side, we also
entities (PAEs). PAEs have been
A second major, and perhaps
anticipate that additional issues
featured in the media lately, and
more important, issue for our
regarding the implementation
have received rather extraordinary
members concerns the funding
of the AIA and related matters,
attention from Congress and at the
for the US Patent and Trademark
such as how the USPTO and the
White House. Congress may con-
Office (USPTO). There was hope
courts develop precedents that will
sider a variety of individual proposals
that questions about funding had
govern the day-to-day reality, will
that return to matters debated during
been resolved by the AIA, but now
continue to be of concern to our
the AIA effort.
the Office finds itself ensnared by
members and clients. This may be
government budget cuts known as
particularly true as we see how the
sequestration, and the continued
Obama Administration deals with
inability of the Congress to pass
the numerous IP vacancies in the
budgets for the various departments
USPTO and elsewhere.
While our Board takes the general view that it would be best to allow the Courts and the USPTO to exercise
Q. Todd Dickinson AIPLA Executive Director 3 8 • A I P L A 2012- 2013 Annua l Repor t
See A L OOK A HEAD , Page 45
I encourage you to get involved in a Committee of interest to you.
AIP L A 20 1 2-20 1 3 Annu al R e po r t â€˘ 3 9
AIPLA leaders meet with US Ambassador John Roos during our annual Committee trip to Japan.
4 0 â€˘ A I P LA 2012- 2013 Annua l Repor t
The IP Landcape—A Look Ahead (cont’d) In other areas of IP, the Congress,
would establish online access to
proposals for “road shows” next
and the Judiciary Committees in
related application information in
year on a variety of topics, and
particular, have shown an increased
multiple offices, as well as cross-filing
those are currently under
interest in the interface between
and streamlined online processing
IP and antitrust, especially the
in those offices.
area of “reserve payments,” and standards-essential patents. Other parts of the government, in particular the Federal Trade Commission, have also shown interest in these topics, as well as the competitive effects of NPEs. Finally, there is also the idea of a “review” of the Copyright Act, which was initially proposed by the new Register of Copyrights.
International In the international arena, multilateral progress remains a challenge. Nonetheless, there are efforts of smaller groups of like-minded countries and patent offices, including the so-called IP5 Offices— the USPTO, European Patent Office (EPO), Japanese Patent Office (JPO), the State Intellectual Property Office of China (SIPO) and the Korean Intellectual Patent Office (KIPO)—and the Trilateral Offices (US, EPO, and JPO). AIPLA has taken an active leadership role in the industry groups that advise the IP5 and Trilateral, and is currently making significant contributions to two key projects: international talks on substantive patent law harmonization, and the Global Dossier, which
Keeping members engaged
We also co-hosted a meeting with
through their work on Committees
representatives from 22 countries
is extremely important, and many
to discuss issues of international
Committees are planning to host
client confidentiality, or attorney-
meetings and happy hours across
client privilege; a major problem
the US to connect with members
for multi-nationals and those pursuing
at the local level. I encourage you
international IP protection. A joint
to get involved in a Committee of
proposal has been developed and
interest to you. Many have newsletters,
work is moving forward to develop
LinkedIn and Facebook pages,
an international agreement.
and they are all a tremendous
resource for information, as well as an exclusive member benefit.
As mentioned earlier, AIPLA added four new membership categories
Our 2014 Mid-Winter Institute is in
this year. The challenge now is
Phoenix, AZ and our 2014 Spring
to make sure we have products
Meeting is in Philadelphia, PA,
and services to meet the needs of
and hopefully these interesting and
these new members, and at the
accessible locations will make it
same time continue to meet the
easier for AIPLA members outside
needs of current members. Providing
the Washington, DC area to par-
access to cutting-edge information
ticipate, network and learn from
experts in our profession.
publications, and educational
I encourage you to attend.
programming will remain a priority for the Association.
In looking ahead to 2014, with a truly talented Board of Directors,
AIPLA is already a leading provider
Committee leadership and staff,
of CLE and we will expand that in
I am confident we will be able to
the coming year and start to offer
meet the challenges ahead, and
programs to the international
continue to provide the best value
community. We will continue to
in IP to our members.
offer top-notch CLE during our three major meetings, seminars and monthly webinars. Many Committees have developed
AIP L A 20 1 2-20 1 3 A n nu al R e po r t • 41
2012-2013 Board of Directors (B ack ro w f r o m l e f t t o r i ght ) :
Carl Oppedahl, Oppedahl Patent Law Firm, LLC; Aimee Peele Carter, Faegre Baker Daniels, LLP; W. Todd Baker, Oblon, Spivak, McClelland, Maier and Nuestadt, LLP; Samson Helfgott, Katten Muchin Rosenman, LLP; Georgann S. Grunebach, Treasurer, Fox Legal Group.
(T hird r o w, L - R ) :
Mercedes K. Meyer, Drinker Biddle & Reath, LLP; Bradley A. Forrest, Schwegman, Lundberg & Woessner, PA; Barbara A. Fiacco, Foley Hoag, LLP; Kevin H. Rhodes, 3M Innovative Properties Company; Philip S. Johnson, Johnson & Johnson.
(Se co n d r o w, L - R ) :
J. Michael Martinez de Andino, Hunton and Williams; Kimberly N. Van Voorhis, Morrison & Foerster; Kevin Tottis, Law Offices of Kevin Tottis; Mark L. Whitaker, AIPLA General Counsel, Baker Botts, LLP.
(Fro nt row, L - R ) :
William G. Barber, Immediate Past-President, Pirkey Barber, LLP; Sharon A. Israel, First Vice President, Mayer Brown, LLP; Wayne P. Sobon, President-Elect, Inventergy; Jeffrey I.D. Lewis, President, Patterson Belknap Webb & Tyler, LLP; Denise W. DeFranco, Second Vice President, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP; Q. Todd Dickinson, AIPLA Executive Director.
No t sh o wn :
Chen Wang, E.I. du Pont de Nemours and Company
4 2 â€˘ A I P LA 201 2- 2013 Annua l Repor t
AIPLA Executive Staff
(Fro m l e f t t o r i ght ) :
Pa-A.S. Jallow, Director of Finance & Accounting; James D. Crowne, Director of Legal Affairs; Claire Lauchner, Assistant to the Deputy Executive Directors; Cathleen Clime, Director of Meetings & Events; Albert Tramposch, Deputy Executive Director for International and Regulatory Affairs: Lorri Ragan, Director of Marketing and Communications; Q. Todd Dickinson, Executive Director; Judy Curvan, Excutive Assistant to the Executive Director, Meghan Donohoe, Chief Operating Offier, Molly Weisblatt, Assistant to the Chief Operating Officer, and Vincent Garlock, Deputy Executive Director.
W e we r e a b l e t o snap t he above p i c t ur e a t the Septem ber Boa rd Meeting, but weâ€™d l ike t o intro d uc e y o u t o t he r est of t he AIPL A tea m , not pictured: Raquel Alleyne, Continuing Legal Education Coordinator; Paige Barfield, Marketing, Communications & Web Assistant; Laura Debrow, Accountant/Accounts Receivable; Bill Durante, Member Services Manager; Morgan Greenfield, Assistant to the Director of Meetings & Events; Heather Haney, Benefits & Facilities Manager; Iris Howell, Meeting Planner; Megan Impala, Continuing Legal Education Associate; Shelba Murphy, Member Services Assistant; Lindsay Nalevanko, Meeting Planner; Joyelle Ogilvie,Accountant/Accounts Payable; Randy Sagara, Web Master/IT Manager; Erin Sheehan, Policy Counsel.
AIP L A 20 1 2-20 1 3 An nu al R e po r t â€˘ 43