February 15: The Expanding Reach of the Abstract Idea – What Is and Is Not Patentable Eight Years After Alice

When describing the judicial exceptions to patent eligibility, the Supreme Court famously warned us that “one must tread carefully in construing this exclusionary principle lest it swallow all of patent law.” And yet, year after year and case after case, the Federal Circuit seems to be expanding the notion of abstraction to the point that it renders the common definition of that word meaningless. First, financial transactions were deemed too abstract for patenting. Then, inventions relating to computer networking, garage door openers and electric vehicle charging stations, suffered the same fate. In 2021, dual-camera mobile phones and cardiac monitoring systems were shot down in a similar fashion, violating the common-sense notion that “if you can drop it on your foot, it is not abstract.”
Please join MBHB partner Mike Borella as he reviews the current state of patent eligibility and how the exclusionary principle is licking its lips. But in addition to sounding the alarm, he will offer attendees an unconventional take on what courts are actually looking for in order for claims to be found eligible – valuable information that might just save your inventions from judicial doom.
Title:
The Expanding Reach of the Abstract Idea – What Is and Is Not Patentable Eight Years After Alice
Live MBHB Webinar
Webinar Date+Time:
Tuesday, February 15, 2022

10:00-11:15 a.m. CT

Live MBHB Webinar via WebExLive - Register Now!
Speaker:
MBHB attorney Michael Borella, Ph.D.
Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:

www.mbhb.com/events/

January 19: Top Patent Law Stories of 2021

Please join Patent Docs co-authors Dr. Donald Zuhn, Dr. Kevin Noonan, and Dr. Michael Borella for MBHB’s annual, end-of-the-year review of the top stories in patent law from the Patent Docs blog. This webinar presentation will look back at the top patent stories of 2021 that will likely impact patent applicants and practitioners in the coming year.
Title:
Top Patent Law Stories of 2021
Live MBHB Webinar
Webinar Date+Time:
Wednesday, January 19, 2022 10:00 am Central Standard Time
Duration: 1 hour 15 minutes
Live MBHB Webinar - Register Now!
Speakers:
MBHB attorneys Michael Borella, Ph.D., Kevin Noonan, Ph.D. and Donald Zuhn, Jr., Ph.D. Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

August 17: PTAB Practice Updates, the Impact of COVID, and Lessons Learned Along the Way

Since its creation, parties have filed thousands of petitions to the Patent Trial and Appeal Board (“PTAB”). Today, these proceedings and the PTAB are a significant aspect of every major patent litigation, but the contours of these proceedings continue to change. On top of these changes, COVID has presented a particularly difficult landscape for most practice areas, including patent litigation, but PTAB practice has persevered. In light of the changes and challenges in the past year, four key topics should be at the forefront of every PTAB practitioner’s renewed focus this year:
First, COVID has affected almost every contour of the legal industry this year. What lessons has the PTAB learned from COVID and what impacts will those lessons have on PTAB practice and AIA Trial Proceedings moving forward? What lessons can the private sectors take from the USPTO/PTAB?
Second, discretionary denials of AIA Trial Proceedings (and denials to institute, in general) are at an all-time high at the PTAB. Commenters and courts, alike, are seeking guidance on how to navigate these denials, particularly in light of Fintiv. What can practitioners to successfully invoke or avoid these denials?
Third, despite the benefits of the PTAB’s new motion to amend pilot program, patent owners are still hesitant to file motions to amend and take advantage of the program. At the heart of this hesitation lies the continuing threat of “full-blown examination” by opting into this program. What are the risks and rewards of opting into this pilot program?
Fourth, the decision in Arthrex v. Smith & Nephew will likely issue from the Supreme Court this Summer. Will the Court hold that administrative patent judges (“APJs”) were (or were not) properly appointed to the PTAB? What does this holding mean for patent practitioners now, as well as going forward?
MBHB partners James Lovsin and George “Trey” Lyons, III will take a look at these topics and more and the impact they have on AIA Trial Proceedings.
Title:
A Year in Review: PTAB Practice Updates, the Impact of COVID, and Lessons Learned Along the Way
Live MBHB Webinar
Webinar Date+Time:
Tuesday, August 17, 2021
10:00-11:15 a.m. CT
Live MBHB Webinar - Register Now!
Speakers:

MBHB attorney(s) James Lovsin and George “Trey” Lyons, III.

Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here: www.mbhb.com/events/

June 15: Federal Circuit Update on Patent Claim Construction: Evolving Standards

This webinar will provide a current update of Federal Circuit case law, as the Court continues to refine its approach toward determining the scope of patent claims. It will provide a description of:

• A framework for understanding how the Federal Circuit determines the “ordinary and customary” meaning of claim terms. The Court’s most significant, recent instructions for resolving “the distinction between using the specification to interpret the meaning of a claim and importing limitations from the specification into the claim.”
• How the Court now determines a patent applicant has disavowed claimed subject matter.
• The Court’s refinements in interpreting preambles, coined terms, and “wherein clauses.”
• Indicators as to when a narrowing amendment is “merely tangential,” such that an amended claim still covers insubstantially different devices or methods.
• Further constraints on when a claim limitation would be improperly vitiated if construed to cover an accused device or method.

The webinar is of interest to patent drafters who wish to how their drafting efforts will be interpreted; and litigators who wish to know the tools available to them in construing asserted claims. The presenter, Bradley Hulbert, is a MBHB Founding Partner and Adjunct Professor at Chicago-Kent Law School.
Title:
Federal Circuit Update on Claim Construction: Evolving Standards
Live MBHB Webinar
Webinar Date+Time:
June 15, 2021 

8:00 am Pacific
10:00 am Central 
11:00 am Eastern

Live MBHB Webinar - Register Now!
Speakers:
MBHB attorney Bradley Hulbert 

Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

July 14: A Mid-Year Review of the Top Stories in Trademark and Copyright Law

MBHB will present a mid-year review of the top stories impacting trademark and copyright law. Topics will include:

• Recent trademark and copyright legislation, including the Trademark Modernization Act and the Copyright Alternative in Small Claims Enforcement Act of 2020.
• Recent trademark and copyright cases at the U.S. Supreme Court, including Google LLC v. Oracle America Inc.
• Recent TTAB decisions of note, including TTAB opinions in “failure-to-function” cases and genericness after com.
• Recent federal court decisions of note, including cases addressing trademark registration cancellation as a discovery sanction, third-party beneficiary standing in a trademark license dispute, and infringement of an implied-in-fact copyright license agreement.
• Recent USPTO examination updates, including how trademark Examining Attorneys should address generic.com terms after com.

Title:
A Mid-Year Review of the Top Stories in Trademark and Copyright Law
Live MBHB Webinar
Webinar Date+Time:
Wed., July 14, 2021 | 10:00-11:15 a.m. CT | Live MBHB Webinar via WebEx
Live MBHB Webinar - Register Now!
Speakers:
MBHB attorney(s) Eric Moran and Nicole Reifman 

Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

April 13: “Unauthorized Access” to Computer Networks: Protections and Problems with the Computer Fraud and Abuse Act

Access to information on computer networks is governed by the infamous – and seldom read –“Terms and Conditions of Use.” But exceeding those terms and conditions may give rise not only to civil liability, but also potential criminal penalties. The exact contours of what can, and cannot, give rise to liability under federal and state laws is growing clearer, but is still vague enough that different prosecutors may reach different charging decisions. This presentation will provide a landscape of the law and what companies can do to maximize their protection. Topics will include:

• The U.S. Supreme Court’s consideration of the Federal Computer Fraud and Abuse Act (CFAA) in this term’s Van Buren v. United States case
• Prior interpretations of the CFAA and state “Little CFAA” laws
• The arrest of Florida COVID-19 data scientist Rebekah Jones for “offenses against users of computers, computer systems, computer networks and electronic devices”
• Best practices for ensuring protection of data and network under the CFAA and “Little CFAA” laws.

Title:
 “Unauthorized Access” to Computer Networks: Protections and Problems with the Computer Fraud and Abuse Act
Live MBHB Webinar
Webinar Date+Time:
Tues., April 13, 2021
10:00-11:15 a.m. CT

Live MBHB Webinar - Register Now!

Speakers:
MBHB attorney(s) Joshua Rich and Margaret Fleetwood, Ph.D. 

Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

March 16: Patent and IP Law in the Age of COVID

This webinar will address the following patent and IP law related topics:

• Basics of virology and vaccines
• SARS-CoV-2 (COVID)
• Vaccines generally
• COVID vaccines in development
• Patent matters
• Patent Licensing (compulsory and otherwise)
• Vaccine availability and accessibility
• Politics
• Future prospects

Title:
Patent and IP Law in the Age of COVID
Live MBHB Webinar
Webinar Date+Time:
Tuesday, March 16, 2021
8:00 am Pacific Daylight Time
10:00 am Central Daylight Time
11:00 am Eastern Daylight Time 

Live MBHB Webinar - Register Now!
Speakers: 

MBHB attorney(s) Kevin Noonan, Ph.D. and Bryan Helwig, Ph.D. 

 Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

February 16: New Ways of Understanding the Patent-Eligibility of Software and Business Methods

The Alice v. CLS Bank test has proven to be virtually impenetrable and exceptionally difficult to apply in practice. As a consequence, innovators are unsure of the exact boundaries of patentable subject matter under 35 U.S.C. 101. This has increased the risk of making investments in protecting software and business method inventions. Our position is that a literal understanding of the test is not possible, because it is too vague and poorly defined. Nonetheless, a reasonably accurate way of predicting whether claims will survive an Alice challenge in the USPTO or courts is available. Particularly, a careful review of Federal Circuit Section 101 case law since 2014 results in three factors that, when present, make claims more likely to be eligible. Conversely, the lack of any of these factors make it less likely that the claim will be found eligible. We discuss these factors in detail, including how they are derived from the case law, and use them as an analytical framework for determining patenting 

Title:
New Ways of Understanding the Patent-Eligibility of Software and Business Methods
Live MBHB Webinar
Webinar Date+Time:
Tuesday, February 16, 2021
10:00-11:15 a.m. CT
Live MBHB Webinar via WebExLive MBHB Webinar - Register Now!
Presenter:
MBHB attorney(s) Michael Borella, Ph.D.

Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

January 20: Top Patent Law Stories of 2020

Once again this year, the Patent Docs weblog will present an annual, end-of-the-year review of the top stories in patent law. In this MBHB webinar presentation, Patent Docs co-authors Dr. Donald Zuhn, Dr. Kevin Noonan, and Dr. Michael Borella will take a look back at the top patent stories of 2020, many of which will likely impact patent applicants and practitioners in the coming year.
Title:
Top Patent Law Stories of 2020
Live MBHB Webinar
Webinar Date+Time:
Wednesday, January 20, 2021 

10:00-11:15 a.m. CT 

Live MBHB Webinar - Register Now!

Speakers:
MBHB attorneys Michael Borella, Ph.D., Kevin Noonan, Ph.D. and Donald Zuhn, Jr.

Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

November 18: PTAB Top Stories 2020: Discretionary Denials, Motions to Amend, and Arthrex, Oh My! (Live MBHB Webinar)

Since the creation of AIA Trial Proceedings in 2012, parties have filed more than 11,500 petitions to the Patent Trial and Appeal Board (“PTAB”). Today, these proceedings and the PTAB are a significant aspect of every major patent litigation. Yet, the contours of these proceedings continue to change. 

MBHB partners James Lovsin and George “Trey” Lyons, III will take a look at these topics and more and the impact they have on AIA Trial Proceedings, including: 

• Discretionary Denials: What are Patent Owner strategies for obtaining discretionary denials?
• What are Petitioner strategies for avoiding them? 
• Motions to Amend: What benefit (or not) does the Patent Owner get for participating in the motion to amend pilot program? 
• Can the Petitioner rely on the PTAB to present its own grounds to oppose the motions to amend?
• What are strategies for § 101 challenges to motions to amend? 
• Constitutionality: What are the updates and potential outcomes/impacts from Supreme Court action in Arthrex?
• Appealability: What procedural issues are reviewable after Thryv and Windy City? 

Title:

PTAB Top Stories 2020: Discretionary Denials, Motions to Amend, and Arthrex, Oh My!
Live MBHB Webinar 

Webinar Date+Time: 

Wednesday, November 18, 2020 

11:00 am Eastern Standard Time 

10:00 am Central Standard Time 

8:00 am Pacific Standard Time

Live MBHB Webinar - Register Now!

Speakers: 

 MBHB attorney(s) James Lovsin and George “Trey” Lyons, III 

Cost: 

While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually. 

Credit: 

MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity). 

You may be able to self-apply for credit in other jurisdictions. 

By: 

McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law. 

 Register online here: www.mbhb.com/events/

October 13: An In-House Counsel’s Guide to Product Clearance: Best Practices in Freedoms-to-Operate, Landscaping and Opinions of Counsel

In an increasingly sophisticated and global market, what steps do you need to take to protect your company from assertions by competitors and NPE’s? What goals and expectations should you have for your outside counsel in conducting a clearance and drafting opinions of counsel? When is enough really enough? MBHB partners Grantland Drutchas and Jason Kray explore these topics, including:

• What steps you should take to explore the IP landscape when developing or on-boarding new products.
• How to get the most from your freedom-to-operate opinions.
• How to ensure that a search addresses the full scope of potential IP in all relevant countries.
• What you need to do to make sure that your outside counsel’s opinion will pass muster in litigation.
• What you can do to evaluate NPE challenges, both in the U.S. and in the growing international NPE market.
• How to evaluate risks of competitors re-crafting IP to cover your products.
• What you should do to assess clearance risks for products from suppliers.

Title:
An In-House Counsel’s Guide to Product Clearance: Best Practices in Freedoms-to-Operate, Landscaping and Opinions of Counsel
Live MBHB Webinar
Webinar Date+Time:
Tuesday, October 13, 2020
10:00-11:15 a.m. CT
Live MBHB Webinar - Register Now!
Speakers:
MBHB attorney(s) Grantland Drutchas and Jason Kray
Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

September 15: Traps for the Unwary Prosecutor: What Practitioners Should Know About US and European Patent Practice

There are several aspects of U.S. and European patent practice that can, if patent practitioners are not aware of them, lead to issues during the prosecution of U.S. and European applications. Many of these aspects are unique to either U.S. or European patent practice. In this MBHB webinar presentation, Charlotte Teall of Forresters, Simon O'Brien of D Young & Co, and Sarah Fendrick and Donald Zuhn of MBHB will review some of these traps for the unwary patent prosecutor and provide helpful tips for prosecuting applications in the U.S. and Europe.
Among the topics that the panel will discuss are priority claims, double patenting, novelty-only prior art and disclaimers, and data requirements and plausibility in Europe, and Patent Term Adjustment, Information Disclosure Statements, inequitable conduct, and obviousness-type double patenting in the U.S.
Title:
Traps for the Unwary Prosecutor: What Practitioners Should Know About US and European Patent Practice
Live MBHB Webinar
Webinar Date+Time:
Tuesday, September 15, 2020
10:00 am Central Daylight Time
Live MBHB Webinar - Register Now!
Speakers:
MBHB attorneys Donald Zuhn, Ph.D. and Sarah Fendrick, Ph.D., and Forresters attorney Charlotte Teall; and D Young & Co attorney Simon O’Brien.
Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here: www.mbhb.com/events/

July 22: A Mid-Year Review of the Top Stories in Trademark and Copyright Law

MBHB will present a mid-year review of the top stories impacting trademark and copyright law. Topics will include:

• Recent trademark and copyright cases at the U.S. Supreme Court, including Romag, Georgia v. Public.Resource.org, and Booking.com.  
• Recent TTAB decisions of note, including discussions on how statements in patent filings can result in trademark functionality and descriptiveness findings, risks in filing intent-to-use trademark applications in the name of an individual, and showing intent to use a mark filed in the United States via the Madrid Protocol.
• Recent federal court decisions of note, including whether section 18 counterclaims can be brought in federal court and waiver of new arguments not brought before the Board.
• Recent USPTO examination updates, including a new rule requiring foreign applicants and registrants to use U.S.-licensed attorneys; new rules regarding mandatory electronic filing, owner email addresses, and specimen requirements; and COVID-19 deadline extensions.

Title:
A Mid-Year Review of the Top Stories in Trademark and Copyright Law
Live MBHB Webinar
Webinar Date+Time:
Wednesday, July 22, 2020
10:00-11:15 a.m. CT
Live MBHB Webinar via WebEx - Register Now!
Speakers:
MBHB attorneys Eric Moran and Nicole Reifman
Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

August 18: CRISPR Ownership Disputes: Current Status and Future Prospects (Live MBHB Webinar

CRISPR is a genetic technology that has great potential in medicine, agriculture, pharmaceutical and other applications. It permits scientists to specifically target genes and change phenotypes much more accurately and specifically than conventional ways of inactivating genes or adding new genes to cells that have been used for over a generation in making biologic drugs and in other applications. The applications are almost boundless and thus ownership of the technology is exceedingly valuable.
But who owns CRISPR for such applications has been in dispute for several years. The original technology in prokaryotes (from which synthetic applications were derived) was undisputedly by Jennifer Doudna (University of California/Berkeley) and Emmanuelle Charpentier (University of Vienna), and they have been granted patents on such applications. CRISPR in eukaryotic cells is much the more valuable aspect of the technology, and researchers at The Broad Institute, MIT, and Harvard University have been granted dozens of patents on such applications. A first interference was declared between these inventor groups in 2018, with the Federal Circuit affirming the PTAB’s judgment that there was no interference because these were patentably distinct inventions. Last summer the PTO declared a second interference (No. 106,115) and those proceedings continue.
To make matters more interesting, Sigma-Aldrich has been granted several CRISPR patents and has petitioned the PTAB to declare an interference between its patents and applications and those of the other parties. And there are other groups who have CRISPR-related applications that may also ultimately become involved in similar disputes.
The webinar will consider the following details about the technology and the patent disputes relating to ownership:

• A brief overview of the technology
• The players and what they have invented
• The first interference and the grounds for the PTAB’s decision
• The current interference, the status of the parties’ claims and motions
• Possible outcomes of the PTAB’s consideration of these motions
• The upcoming priority phase of the interference
• Potential outcomes and impact on development and commercialization of CRISPR technology.

Title:
CRISPR Ownership Disputes: Current Status and Future Prospects
Webinar Date+Time:
Tuesday August 18, 2020
0:00-11:15 a.m. CT
Live MBHB Webinar - Register Now!
Speaker:
MBHB attorney Kevin Noonan, Ph.D.
Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

May 19: Four Key Points for Evaluating and Protecting Your Canna-IP: What Should You Be Doing, Now (Live MBHB Webinar)

With the continued rapid growth of all thing cannabis these days, canna-businesses have to continually ask themselves: Am I sufficiently protecting the intellectual property of my brand, business intelligence, and innovations? Understanding that many companies have focused on seemingly more pressing issues to date (e.g., regulatory compliance, real estate, POS systems, and banking), this webinar will address the unique challenges the cannabis industry faces in obtaining and enforcing intellectual property rights-and the unequivocal importance of doing so in this space now. There is no “one size fits all” approach for IP protection in this industry, but four keys points for fashioning a comprehensive plan for your canna-business will be addressed, which include:

• Patenting and monetizing cannabis innovations, including:
• Patenting cannabis devices and methods of treatment surrounding hi-tech and biotech aspects of the cannabis industry;
• Patenting the plant itself; and
• Once you gain a canna-patent, what you can do to monetize and/or protect your investment from challengers.
• Obtaining federal and state trademark protection for cannabis brands in light of:
• The 2018 Farm Bill;
• FDA Commentary and Memoranda; and
• Recent judicial and administrative decisions.
• Federal copyright protection for original works of authorship involving cannabis, including:
• Logos/branding materials;
• Educational and promotional materials; and
• Other original works.
• Other avenues for protecting your Canna-IP, including trade secret best practices. 

Title:
Four Key Points for Evaluating and Protecting Your Canna-IP: What Should You Be Doing, Now
Live MBHB Webinar
When/Where:
Tuesday, May 19, 2020
10:00-11:15 a.m. CT
Live MBHB Webinar
Speakers:

• Nicole E. Grimm
• George "Trey" Lyons, III
• Brett W. Scott

Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity). You may be able to self-apply in other jurisdictions.
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

More Information And Registration

April 14: What’s in the Trump Trade Agreements regarding Intellectual Property?

On January 15, 2020, President Trump signed the “Phase 1” bilateral economic and trade agreement with China. Two weeks later, on January 29, 2020, he signed the United States-Mexico-Canada Agreement (“USMCA”) into law as a replacement for the North American Free Trade Agreement (“NAFTA”). Both agreements include key provisions that establish requirements for IP protection in the signatory countries. This presentation will not only run through what the agreements include regarding IP protection, but also how it has changed from previous agreements. Topics will include:

• What will China have to do to comply with the terms of the trade agreement, and how will it affect US businesses?
• What are the new IP provisions of the USMCA, and how do they differ from NAFTA?
• How do these provisions differ from those proposed in the TPP?

Title:
What’s in the Trump Trade Agreements regarding Intellectual Property?
Live MBHB Webinar
When/Where:
Tuesday, April 14, 2020
11:00 am EDT, 10:00 am CDT, 9:00 am MDT, 8:00 am PDT
Live MBHB Webinar
Speaker:
MBHB attorneys Joshua R. Rich
Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

April 14: The Emerging Patent Landscape related to Blockchain and Smart Home Technologies

An intellectual property (IP) protection strategy is critical to the success of an emerging technology company. The Open Source and decentralized nature of blockchain implementations does not insulate innovators from risk of patent assertions. Marc Kaufman will outline the patent landscape related to blockchain and smart home technology and discuss how patents can foster innovation in these technologies.

Title:
The Emerging Patent Landscape related to Blockchain and Smart Home Technologies
Live MBHB Webinar
When/Where:
Tuesday, April 14, 2020
1 PM ET
Live MBHB Webinar - Register Now!
Speaker:
Marc Kaufman concentrates his practice in the area of patent strategy, in particular, advising clients in protecting, managing and leveraging their intellectual property assets. He has also represented clients in defending against patent assertions in district courts and through post-grant administrative proceedings in the U.S. Patent Office. Mr. Kaufman has created structured procedures to secure and enforce intellectual property rights in a market-focused manner. Marc’s practice focuses on computer software including the areas of Fintech, database technology, content distribution, and computer security. Over the last several years, Marc has actively monitored and analyzed the emerging patent landscape related to blockchain technology and cryptocurrency. Marc is a co-founder of the Blockchain IP Council. Read more.
Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:
www.mbhb.com/events/

March 11: Navigating USPTO Pilot Programs

This free continuing legal education webinar will present a survey of various USPTO pilot programs, some less known than others, but all useful in the right circumstances. We will discuss the ins and outs of each program and present some practical prosecution tips and insights. Pilot programs that we will likely cover in some detail include:

• First Action Interview Pilot Program
• After Final Consider Pilot Program 2.0
• Pre-Appeal Brief Request and Conference Pilot Program
• Expedited Patent Appeal Pilot Program
• Quick Path IDS Pilot Program
• Ombudsman Pilot Program
• Motions to Amend Pilot Program (AIA)
• Trademark Post-Registration Audit Pilot Program

We will also briefly touch on other USPTO pilot programs, including some more rare programs and some discontinued programs.

Title:
Navigating USPTO Pilot Programs
Live MBHB Webinar
When/Where:
Wednesday, March 11, 2020
10:00-11:15 a.m. CT
Live MBHB Webinar - register now!
Speakers:
MBHB partners Lawrence Aaronson and Brett Scott
Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here:

www.mbhb.com/events/

February 18: Patent Eligibility and Section 101 Update

Patent eligibility continues to be an active topic in the courts, the U.S. Patent and Trademark Office, and now Congress. This webinar will provide an update on all fronts, and synthesize disparate threads into a cohesive set of best practices for handling 101 issues in patent prosecution in particular. The focus will be on software, business methods, and other technologies that related to the “abstract idea” exception, though the issues and recommendations do cross over into the life sciences fields as well.
Topics will include:

• Introduction and background
• Current 101 framework
• Case law update (the good, the bad, and the even worse)
• The Patent Office’s updated guidance – analysis and applications
• Congressional (in)action
• Best practices in light of the above.

Title:
Patent Eligibility and Section 101 Update
Live MBHB Webinar
When/Where:
February 18, 2020
10:00 am - 11:15 am
Live MBHB Webinar
Speakers:
Michael S. Borella, Ph.D.
Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
You may be able to claim credit in some other states by self-application.
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here

January 22: Top Patent Law Stories of 2019

Once again this year, the Patent Docs weblog will present an annual, end-of-the-year review of the top stories in patent law. In this MBHB webinar presentation, Patent Docs co-authors Dr. Donald Zuhn, Dr. Kevin Noonan, and Dr. Michael Borella will take a look back at the top patent stories of 2019, many of which will likely impact patent applicants and practitioners in the coming year.

Title:
Top Patent Law Stories of 2019
Live MBHB Webinar
When/Where:
January 22, 2020
10:00 am - 11:15 am
Live MBHB Webinar
Speakers:

• Michael S. Borella, Ph.D.
• Kevin E. Noonan, Ph.D.
• Donald L. Zuhn, Jr. Ph.D.

Cost:
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually.
Credit:
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
You may be able to claim credit in some other states by self-application.
By:
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

Register online here