Intellectual Property: Start to Finish


CLE Credits earned: 2 GEN

In this CLE session, we will look at the forms of intellectual property from the perspective of a small to mid-sized enterprise. We will discuss the primary forms of intellectual property (copyright, trademark, patent, and trade secret), its significance to enterprises, and its significance to an advanced economy. We will discuss how to (cost-effectively) build a valuable IP portfolio, how to set policies to protect IP, how to enforce IP rights, and how to defend claims of IP infringement. Though the session will be centered on U.S. IP, we will look (generally) at important international issues.

Key topics to be discussed:

•   Overview of Intellectual Property System
•   Building a Valuable IP Portfolio
•   Protecting/Enforcing Your IP
•   Defending IP Infringement Claims

Date / Time: September 12, 2018

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.


Original Broadcast Date: June 19, 2018

Thomas Peistrup, Esq. is a lawyer with experience in intellectual property (copyright, trademark, trade secrets), information security, and related fields. His practice includes privacy, data security and breach, and risk management. He also has specialized expertise in anti-piracy and anti-counterfeiting management and litigation, with subject-matter experience in film, television, music, print, technology, direct response and consumer goods (including cannabis). Thomas has a deep business understanding and international experience, as well as experience with executive teams.

Thomas presently serves as General Counsel at two consumer products companies, one of which is directly adjacent to the cannabis space. As such, Thomas develops viable IP, marketing, corporate, regulatory, and other legal strategies in an uncertain cannabis landscape.

Thomas also serves on the Board and Leadership Council of a nonprofit dedicated to promoting information security standards and fostering collaboration and information sharing on cybersecurity issues between the private sector, government, and law enforcement. Thomas is also actively involved in various other professional organizations and serves as an editor of the annually-updated treatise “California Intellectual Property Laws.”

Thomas graduated Phi Beta Kappa from the University of Virginia and earned his JD at UCLA. He has also studied at the Freie Universität Berlin and the Claremont Graduate University.

Anthony J. Orler, Esq. is Senior Counsel in Buchalter’s Los Angeles office.

Mr. Orler represents clients in intellectual property prosecution matters and counsels clients on business matters and litigation related to intellectual property. Mr. Orler focuses his practice on emerging technologies in the chemical, electrical, electro-mechanical, and semiconductor fields. His clients include Fortune 500 companies, small businesses, universities, and individual inventors. Mr. Orler has had the honor of drafting applications for three Nobel Laureates.

Mr. Orler’s technical expertise is in the fields of semiconductor devices and materials, inorganic chemistry, and electrical/electro-mechanical hardware design and integration. He specializes in United States and foreign patent prosecution and related issues. Mr. Orler has drafted and prosecuted over 2500 patent applications in the fields of electronics, materials, business models, e-commerce, computer hardware and software engineering, chemical processes, and cellular and telecommunications systems design. Mr. Orler brings a wide-range of technical and legal expertise to this field, as he has worked on litigation in fields outside of the intellectual property realm; as an example, Mr. Orler was named counsel on an amicus curiae brief in Demore v. Kim, 538 U.S. 510 (2003), cited in Justice Souter’s opinion, on an immigration law matter; Mr. Orler also obtained summary judgment in a water rights lawsuit involving federal lands.
Prior to practicing law, Mr. Orler spent fourteen years as a design engineer and senior member of the technical staff, working for well-known organizations such as the Santa Barbara Research Center, Hughes Aircraft Company, General Electric Astro-Space Division, and the Jet Propulsion Laboratory (JPL). During that period, Mr. Orler helped design and build several spin-stabilized and three-axis stabilized satellites for government, telecommunications and military use. Mr. Orler was the lead engineer on the Telemetry Control Unit for the Cassini spacecraft mission to Saturn.

Mr. Orler was also the lead inventor on U.S. Patent No. 5,020,887, entitled “Conformally Doped Optical Elements,” which he invented during his tenure at Hughes Aircraft Company, and which describes technology directed to infrared optical windows used on low radar-signature (stealth) aircraft. Mr. Orler also was an inventor on several other issued United States and foreign patents for telecommunications systems and Global Positioning System (GPS) location-based systems.

Stephen J. Strauss, Esq. is a Shareholder and Chair of the Firm’s Intellectual Property Practice Group and Co-Chair of the Firm’s Entertainment Industry Group. For over 30 years, Mr. Strauss has specialized in domestic and international trademark, copyright, and unfair competition matters, including licensing, Internet domain name disputes, and litigation. He has prosecuted over two thousand U.S. and foreign trademark and service mark applications, and won over 60 UDRP decisions.

Mr. Strauss represents a number of internationally recognized celebrities, sports personalities, recording artists, chefs, authors and media and entertainment companies. He also represents a wide range of diverse clients including restaurants, banks and financial institutions, clothing and toy manufacturers, and magazine and book publishers.

Mr. Strauss is a member of The Television Academy, the Recording Academy (NARAS), Pacific Pioneer Broadcasters, and the Visual Effects Society, a non-profit professional, honorary society representing visual effects practitioners in all areas of entertainment. He is also an Adjunct Professor and member of the Executive Board of the Biederman Entertainment & Media Law Institute and a member of the Board of Directors of the Entertainment and Intellectual Property Law Alumni Association (SWEIP) at Southwestern Law School. Mr. Strauss lectures widely in the areas of entertainment intellectual property law and celebrity branding. He has lectured before the American Bar Association, the International Trademark Association, the USC Gould Institute of Entertainment Law and Business, the Beverly Hills Bar Association, and the Association of Corporate Counsel.

Accreditation Policy
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Applied MCLE Approvals
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Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

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Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Introduction
a) IP as Cornerstone of Advanced Economy
b) Critical to the Enterprise, But Needs to Be Managed

Section II. Overview of Intellectual Property in U.S.
a) Copyright
b) Trademark
c) Patent
d) Trade Secret

Section III. Building an IP Portfolio
a) Set Budget, Use a Matrix Approach
b) To Prioritize, Review Product Line and Objectives
c) Think About Ongoing Expenses (e.g., Patent Maintenance Fees)
d) Balance Terms of Protection and Product/Brand Life
e) Think About Practical Enforcement Issues; Set Realistic Expectations
f) Your GC Needs to Work with Business Team (including marketing/sales)!

Section IV. Enforcing IP Rights
a) Internal Policies
b) Monitoring Services
c) Cease and Desist Letters/Notices; Legal Action
d) International Issues

Section V. Defending Claims of IP Infringement (Flip Side of Enforcement)
a) Patent
b) Miscellaneous

Section VI. Conclusion