14 IPL Newsl. 1 (1995-1996)

handle is hein.journals/iprolane14 and id is 1 raw text is: 


A PUBLICATION OF THE AMERICAN BAR ASSOCIATION SECTION OF INTELLECTUAL PROPERTY LAW


VOLUME 14, NUMBER 1


FALL1995


   I've been looking forward to writing this first message.
These are exciting times for intellectual property law,
intellectual property law practitioners and, of course, for
this Section. We have many plans underway for the com-
ing year. Before I share my thoughts about my future
plans, however, I would like to take a moment to recog-
nize the achievements of the past.
   Most importantly, I want to commend Tom Smith and
his team and express the appreciation of the entire Sec-
tion for a highly successful year. Under Tom's most able
leadership, the Section made its views known to Congress
as well as to the Patent and Trademark Office on a num-
ber of important issues, including prior user rights, patent
term length, patent reexamination, early publication of
patent applications, trademark dilution, the Madrid Proto-
col Implementation Act, and legislation establishing the
PTO as a government corporation. Tom also met several
times with White House and Justice Department officials
to discuss the ABA position favoring creation of a com-
mission to recommend candidates for the U.S. Court of
Appeals for the Federal Circuit.
   Nor was Tom silent on the CLE front. In 1994-95, the
Section conducted its first mini CLE seminar which,
surprisingly, drew nearly 450 registrants. The program,
which was organized by Rene Tegtmeyer, discussed
patent aspects of GATT and featured an outstanding panel
as well as extensive course materials. Over fifty lawyers
joined the Section as a result of that program.
   The Annual Spring CLE program, arranged by Jerry
Riedinger and Herb Mintz, was another sellout, with over
600 registrants.
   Last but not least, the Section's Summer IPL Confer-
ence at the Broadmoor was an event to remember. Tom
and his lovely wife Samantha added a number of new
ideas to the Summer Conference, many of which I expect
will become permanent features of future Section confer-
ences.


   So, our thanks to Tom and his able leadership and cre-
ative energies. Congress knows who we are, the PTO
knows who we are, and, I dare say, Colorado Springs
knows who we are.
   Unfortunately, 1994-95 also had its losses, including
the loss of former Section Chair and Legislative Consul-
tant, Jan Jancin, and former Council Member, Bob
Rohrback. Both Jan and Bob were tireless and effective
contributors to the Section's past successes. Indeed, I had
had extensive discussions with Jan not long before his
death about the critical role I expected him to play in
keeping me and the rest of the Section's leadership abreast
of current legislative and related developments. We will,
needless to say, sorely miss both Jan and Bob.
   On a happier note, Tom Smith was diligent in his
efforts to find a successor to Jan and, I am happy to
report, we now have the services of former congressional
staffer, Hayden W. Gregory, as the Section's Legislative
Consultant. Hayden has already proven to be a tremen-
dous asset to the Section and will demonstrate his value to
all of us in the months and years ahead.
   Legislative initiatives, of course, have been a vital fea-
ture of the Section's mission. I expect that activity to con-
tinue and to grow. In fact, since taking office, I already
have testified at congressional hearings concerning mak-
ing the PTO a government corporation (see p.19) and at
PTO hearings on reexamination and on eighteen-month


In This Issue

  Upcoming Changes in U.S. Patent Laws: The
  Publication of Patent Applications.................. 3

  Solid Case Law Supports Finding That CGL Insurers
  * Owe a Duty of Defense to Their Insureds
  inaVariety of Lanham Act Claims.......... 9
  Recent Developments in Intellectual
  Property Law..................................... 11
  Technology Corner ............. ..... ............. 14
  Committee 203:PTO.Affairs-Tradeiarks ....... 15
  Washington Legislative Report . ........... 17
  12P Group News .............................I........18
  Testimony of Donald R. Dunner, Chair........... 19
  Roster of Section Leadership ..... ........ 23

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