Table of Contents

Open Community Calendar

Message from the President Keith Toms

Message from the Editor

EPO presses pause on proceedings that depend on the plausibility referral to the EBA

DraftKings Persuades PTAB to Invalidate Competitor’s Mobile Gambling Patent

Self-Compassion for Lawyers: Dispelling Doubts & Getting Started

Letter of the Editor

Survey Regarding Support for Change of Boston Patent Law Association Name

A stylish direction: how IP can support ethical fashion

The Copyright Clash Between Artists: A Quiz

Case Law Committee Meeting Summary - CalTech v. Broadcom

Writing Competition announcement

Members on the Move

Job Listings

NEWSLETTER ARCHIVE

Volume 53, Issue 2

President's Message

By Keith Toms, McCarter & English

Dear BPLA Members,

I am pleased to welcome you to the Spring 2022 BPLA Newsletter.

As IP practitioners, we are members of a global community. We have clients, colleagues, and friends around the world, which helps the world feel smaller and more human. It also makes the tragedy of the war in Ukraine all the more heartbreaking. The BPLA supports the free peoples of Ukraine and condemns the ongoing war and the needless human suffering it is causing. If you are looking for a way to do more, please consider pro bono service to help Ukraine and its people, such as with the TPS Pro Bono Project organized by Lawyers for Good Government.

Last month, at our Town Hall meeting, we continued our conversation regarding whether changing the Boston Patent Law Association name is in the best interests of the organization. The meeting was productive and congenial. Many of the members in attendance, including several Past Presidents, supported adopting a name that is inclusive of the full IP community. The larger questions raised were not whether a change made sense, but what name would be better and how we would we navigate the brand transition to preserve our goodwill and reputation.

The views expressed at the Town Hall have been consistent with the feedback that I have received since announcing the naming initiative at the Annual Meeting. Of the members who have reached out to me, there has been broad support for changing our name to signal that our organization encompasses all forms of intellectual property. To have a more comprehensive understanding of the membership’s view on this issue, however, I’d encourage everyone to respond to the BPLA’s short naming survey, which can be found here.

So far, I have wanted to focus the organization on the “first question” — would a name change advance the mission of the organization. Given the support, however, I believe that it is worthwhile for the organization to also begin considering in parallel the “second question” of what name may better serve the organization.

I will be convening the Open Naming Committee to help the Association fully evaluate the second question. This is an ad hoc committee that is open to all BPLA members who are interested in participating. This committee will be tasked with creating and vetting potential names, performing due diligence, and making a recommendation to the Board. The inaugural virtual meeting of this committee will be at noon on May 11, 2022. More details to follow.

I am also pleased to provide an update on the Second Annual BPLA IP Symposium, which will be held virtually on June 2, 2022. We are excited to announce that our Keynote speaker will be Jerry Ma, who is the Director of Emerging Technology for the USPTO. As the person at America’s Innovation Agency who is tasked with keeping an eye on the cutting edge, we are looking forward to Mr. Ma’s address.

Finally, the BPLA would like to congratulate Kathi Vidal on her confirmation as Under Secretary of Commerce for Intellectual Property and Director of the USPTO. We are excited for her tenure and look forward to future opportunities to work with the office to advance Intellectual Property policy.

Best regards,

Keith Toms

President, Boston Patent Law Association

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