I left a brutally cold Seattle early Wednesday morning for Phoenix, looking for three specific things at this year's
AIPLA Mid-Winter Institute: (1) some sunshine; (2) timely, relevant, and expert information on IP; and (3) a bounty of networking opportunities. So far, my quest for sunshine continues. It poured rain for about 15 minutes today, and the temperature hovered around 50 degrees all day today and yesteday, while the sun remains obscured by some high clouds as I write this post. As for timely, expert, and relevant information on IP, I think I may have learned more by scanning my RSS reader for the latest IP news. One thing that has not disappointed is the networking opportunity here at AIPLA. What a great organization for building relationships and staying in contact with clients and fellow lawyers from around the country. AIPLA is great at putting faces to names I've heard (or read) about and at providing an opportunity to discuss (and sometimes debate/argue) key issues affecting the practice of IP law in the US and abroad. One topic that has been on my mind and provided much fodder for networking discussions is the current case on review
en banc before the CAFC,
Egyptian Goddess v. Swisa, Inc. As many if you already know, this is a case that may completely overhaul the law of design patent infringement. I've been working diligently with a colleague,
Kevin Kramer, at Pillsbury Winthrop in Washington DC, to suggest arguments and positions to take in a possible amicus brief on behalf of the Federal Circuit Bar Association. (Both Kevin and I sit on the amicus committee for the FCBA). For some of the questions up for en banc review
in the CAFC's order, there appears to be consensus among many in the IP community, while on others (like whether to do away with the "point of novelty test" for design patent infringement) disagreements abound. In any event, I can't think of a better place to be at the moment than right here at AIPLA, where I can ask questions of those lawyers working in the "trenches" of patent law, who can share real-life, practical concerns with the case and the potential implications of a shift in the law for design patent infringement.
This year's AIPLA Mid-Winter Institute is at the
Arizona Biltmore hotel, a hotel whose design was inspired by the great architect
Frank Lloyd Wright. I will be golfing on Saturday at one of the hotel's two golf courses. AIPLA is having a tournament in the afternoon, just before I return to Seattle.
Last night, I ran into one of the most well known and respected patent lawyers in the country,
Don Martens. Don will be playing golf with us on Saturday along with another member of patent law royalty,
Douglas Henderson, whom I had the pleasure of meeting last night for the first time. I've had each verify their handicaps, so there will be no "sand-bagging" at Saturday's tournament.
Amicus briefs in support of the respondent or neither party were filed earlier this week in the en banc case Egyptian Goddess v. Swisa. Calling this case "important" to the future of design patent law in the U.S. is probably a gross understatement. Here is a link to the en banc order. It could fundamentally change how design patent infringement and validity are considered, affecting wide sectors of American industry, from footwear to food. Here is a link to the AIPLA's original brief filed in support of the petition for rehearing. I was fortunate enough to have the opportunity to work with Kevin Kramer of Pillsbury Winthrop in connection with a brief we filed on behalf of the Federal Circuit bar Association. 
