New Jersey Business - June 2017

New Jersey Intellectual Property Law Association to Recognize 2017 Jefferson Medalist

Josephine A. Paltin, Esq. 2017-05-24 14:13:27

The New Jersey Intellectual Property Law Association (NJIPLA) is a non-profit organized to educate its members and the public about the practice and protection of IP. The IP umbrella covers patents, copyrights, trade secrets, trademarks and related trade dress. As an accredited provider of Continuing Legal Education (CLE), NJIPLA is devoted to presenting the highest quality live programs featuring nationally recognized speakers from the IP bar. NJIPLA members include attorneys in private, corporate and government practice, as well as academics, students and other practitioners. NJIPLA bestows the Jefferson Medal upon an exceptional contributor to the field of IP law. Awarded since 1951, the NJIPLA Jefferson Medal is named after Thomas Jefferson, who was an original member of the United States Patent Board − founded in 1790 and a predecessor to today’s United States Patent and Trademark Office (USPTO). The NJIPLA Jefferson Medal is recognized nationwide as one of the highest honors in IP law. IP law changes frequently, whether through legislative means such as the 2011 America Invents Act (AIA) and the Defense of Trade Secrets Act of 2016 (DTSA), or through judicial opinions, including landmark cases decided by the United States Supreme Court. Patents, copyrights and federally registered trademarks are generally litigated in federal, not state, courts. The longevity of any given item of IP such as an issued patent or registered trademark is not guaranteed, because the validity of IP can be challenged after grant. For example, the AIA has made it easier to invalidate issued patents at the USPTO, giving rise to new expertise in bringing and defending patent challenges before the USPTO. Further, the DTSA provides for a federal cause of action in trade secrets matters, which previously were generally litigated under state law. New legal strategies are now available and specialized expertise is required to navigate these new venues. Recent landmark Supreme Court cases have changed the landscape for patenting business methods, software products, and certain medical diagnostics. Financial damages considerations for patent infringement also were recently decided. Meanwhile, certain trademarks that some consider offensive have been challenged and are awaiting Supreme Court decisions. The choice of federal patent venue was argued recently before the Supreme Court, just days after the lead appellant’s counsel presented the argument at the NJIPLA Patent Litigation Seminar. We are delighted to host such prestigious speakers year after year at NJIPLA CLEs. Thus, the need for keeping up-to-date with changing IP law has never been greater. Accordingly, NJIPLA presents and co-sponsors a number of CLE programs throughout each year, including an annual Patent Litigation Seminar. Our 30th annual Pharmaceutical and Chemical Patent Practice Update took place last fall. Other recent events included a dinner meeting on Medical Devices and a half-day seminar on Legal Ethics. Next on the horizon is the Jefferson Medal Dinner on June 9th at the Hilton at Short Hills. Readers are invited to visit NJIPLA at www.njipla.org. ABOUT THE AUTHOR Josephine Paltin is Patent Counsel at Commvault Systems, Inc., Tinton Falls. She currently serves as president of the New Jersey Intellectual Property Law Association (www.njipla.org). She can be reached at jpaltin@commvault.com. The views presented here are her own and should not be attributed to Commvault Systems, Inc.

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