Emerging Issues: Reconsidering Intellectual Property in Cloud Computing in 2016
Today, companies use cloud computing to address data storage challenges, reduce costs, enhance inter-operability and improve flexibility. However, cloud computing can lead to new legal risks. This is especially true of intellectual property (IP), such as patents, copyrights and trademarks. Often, where and how the information is stored and accessed is unclear, making investigation of infringement claims more difficult.
In a two hour live webcast, a panel of thought leaders and professionals assembled by The Knowledge Group will provide the audience with an overview and in-depth discussion of recent trends in Reconsidering Intellectual Property in Cloud Computing in 2016.
Pertinent issues of IP in the cloud to be addressed by our panel of speakers will include patent infringement, extraterritoriality and inventorship; prior art and distribution of information; and tangible medium of expression (copyright). The panel will offer some best practices for protecting IP rights while using cloud computing.
Key topics include:
- Intellectual Property Issues in the Cloud
- IP Rights in Cloud Technology
- Ownership Rights for Newly-Created Content
- New Content Jointly Owned by CSP and Customer
- Patent Challenges: Infringement, Business methods, Inventorship
- Trademark: Public knowledge of Prior art, Trade-marking
- Copyright: Information in Tangible Medium of Expression, Extraterritoriality, Infringement Proof
- Liabilities of Copyright-Infringing Content Uploaded into the Cloud
- Risks of Service Disruptions
- Best Practices for Protecting Patent Rights
- Compliance Risks
Mark Sanders, Attorney
- Introduction & Goal of Presentation
- Data and the Law
- What do I need to know about data in the cloud?
- Data mapping (Table)
- What do I need to know about data in the cloud?
- The Cloud Environment
- The Law in the Cloud
- Safe Harbor issue
- Auto Renewal - example
- Data Privacy and Security
- Two very different but dependent concepts
- "... by design"
- Drafting for the Cloud
- Indemnification/Warranties (flow-down)
- Y2K revisited
- Liability up the chain = checking all the boxes
Brandon Leatha, Director
- Why the Cloud
- Types of services
- Benefits of using the cloud
- Security in the Cloud
- Knowing where your data is
- Audit and controlling your intellectual assets
- Enforcing security policies in the cloud
- Encryption in the cloud
- Risks of using the Cloud
- Employee negligence
- Poor security etiquette
- Unsanctioned use of file sync, backup and other cloud technologies
- Mobile device synchronization (BYOD and COPE)
- Service disruptions
- Data Breach
- Investigating data breach
- Assessing scope
- Responding and preventing
- eDiscovery in the Cloud
- Comparing the discovery of cloud based ESI to traditional sources
- Cost and time
- Potential challenges
Jo Dale Carothers, Shareholder
- Advantages of the Cloud
- Disadvantages of the Cloud Related to IP
- Areas of the Law Impacted by Cloud Computing
- Key Issues
- IP Specific Issues
- Patent Infringement
- Copyright Infringement
- Trade Secrets
- Suggestions for Protecting IP
- More Suggestions
Who Should Attend:
- Intellectual Property Rights Lawyer
- Technology and IT Lawyers
- IP Consultants and Advisors
- Cloud Service Providers
- Vertically Integrated Companies
- Multinational Companies
- Private and Public Companies
- Other Related/Interested Professionals and Organizations
Mr. Brandon Leatha, a Director at iDiscovery Solutions, Inc. (iDS) is an expert in e-Discovery, data analytics and digital forensics. With more than 14 years of consulting and testifying experience, he advises clients throughout the e-Discovery lifecycle, providing guidance on data preservation, evidence collection, data reduction strategies, review methodology and document production. He has extensive experience with computer forensic investigations, structured data analytics and technology assisted review (TAR).
Mr. Leatha has served as a corporate 30(b)(6) witness and a court-appointed neutral computer forensics examiner, and he has testified on numerous electronic discovery and computer forensics issues. He has been an active member of the Sedona Conference Working Group on Electronic Document Retention and Production (WG1) since 2005 and is a Board Member of the Computer Technology Investigators Network (CTIN). He has presented on electronic discovery and computer forensics matters for conferences, CLE seminars and industry training events.
Prior to joining iDS, Mr. Leatha was the founder and owner of Leatha Consulting LLC and the Director of ESI Consulting and Data Analysis at Electronic Evidence Discovery (EED).
Mr. Leatha is based in the Seattle, Washington office of iDS.
Mr. Brandon Leatha, a Director at iDiscovery Solutions, Inc. (iDS) is an expert in e-Discovery, data analytics and digital forensics. …
Mark Sanders has over 20 years’ experience supporting, advancing and protecting the intellectual property and business interests of technology companies in highly regulated and data dependent industries operating within the cloud, in the mobile space and on a global basis. He has served as Special Legal Counsel for Adobe Systems, Inc.; Director of Legal Affairs for Amdocs, Ltd.; and as General Counsel for DTI, Inc. (formerly Electronic Evidence Discovery), Over-The-Air Wireless, Inc. and DocuTouch, Inc. (now DocuSign). Mark is co-inventor, U.S. Patent 6,994,648 (System, Method for Managing Transferable Records) and has worked on special projects for Classmates.com and Vulcan.
Mark has a passion for providing cutting-edge legal support to emerging and early-mid stage technology companies. He is dedicated to providing “real-world” legal counsel in complicated and ever-changing areas of the law – at the highest level, with a focus on making a difference! Over the course of his career, he has developed a unique set of legal skills that, when combined with his passion for technology, enables him to make a real difference for the companies he counsels.
Mark is driven by the desire to bring his experience, focus and passion for the law and technology to companies in the “sweet spot” of their lifecycle – developing or launching new technology products and services dependent on, or impacted by, laws, regulations or policies – whether global in nature or industry-specific.
Mark Sanders has over 20 years’ experience supporting, advancing and protecting the intellectual property and business interests of technology companies …
Jo Dale Carothers is a shareholder and chair of the firm’s Intellectual Property group. With a Ph.D. in electrical engineering, her practice emphasizes patent and trade secret litigation and licensing in the field of electrical and computer engineering, including electronics, embedded systems and high performance computing, microprocessors/microcontrollers, memory devices, wireless communications devices and protocols, smartphones and smart TVs (along with applications), in-home networking for computing and entertainment, consumer electronics, semiconductor process and fabrication technology, packaging, power conversion, and software for numerous applications. Jo Dale has extensive experience representing companies in litigation in federal district courts and state courts across the country and in Section 337 investigations in the United States International Trade Commission (ITC). She is also admitted to practice before the USPTO.
Jo Dale Carothers is a shareholder and chair of the firm’s Intellectual Property group. With a Ph.D. in electrical engineering, …
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
2.0 CPE (Not eligible for QAS (On-demand) CPE credits)
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About iDiscovery Solutions
iDiscovery Solutions, Inc. (iDS) is an award-winning, global, expert services firm that has been positively influencing the intersection of law and technology since 2008. Founded by industry veterans with more than 50 years of litigation and consulting experience combined, iDS delivers customized, innovative solutions for legal and corporate clients’ complex challenges. iDS’ subject matter experts testify and consult in connection with electronic discovery (e-Discovery), digital forensics, data analytics, information governance (IG), processing and hosting of electronically stored information (ESI) and enterprise applications. For more information, visit www.idiscoverysolutions.com.
Mark Sanders is CloudXCounsel. He’s not your typical information technology lawyer. He doesn’t have a corner office or bookshelves, partners or junior lawyers, administrative staff or copiers and fax machines – and he definitely doesn’t wear suits or ties. CloudXCounsel is just him, his dog, Spencer – and 22 years of intense experience with a number of amazing global technology companies. Mark’s goal is to level the legal playing field by using his extensive experience and industry knowledge to make a real difference for his startup, emerging companies and law firm clients – especially those whose path to success relies on working with large enterprises. He’s proud of the fact that, through a lot of hard work and a bit of luck, his legal career is the result of working at the intersection of technology and the law. For more information, visit www.cloudxcounsel.com or contact Mark at email@example.com.
About Weintraub Tobin
Great ideas take many shapes and are the impetus for great commercial endeavors. Weintraub Tobin’s Intellectual Property team works with national and global companies, start-up ventures, and individuals in all aspects of intellectual property. Experienced in a broad range of industries, including electronics, communications, software, digital media, entertainment, biotechnology, chemistry, mechanical systems, and fashion, Weintraub Tobin handles litigation and transactions involving protection, ownership, acquisition, licensing, infringement, and validity of patents, trademarks, and copyrights. The attorneys file and prosecute patent and trademark applications in the U.S. and internationally, handle disputes in the USPTO, and litigate cases in courts throughout the country.
Weintraub Tobin has a reputation for structuring cutting-edge transactions and resolving IP disputes. Large and diverse enough to deliver a powerful punch both inside and outside the courtroom, Weintraub Tobin is nimble enough to provide innovative strategies to help their clients thrive in the global marketplace. Efficient and cost-effective, Weintraub Tobin is the go-to firm for creative minds and inventive businesses.
In addition to its IP practice, Weintraub Tobin specializes in business, corporate and securities law; labor and employment law; real estate finance and transactional work; entertainment and new media; and business litigation. With offices strategically located in five cities across California, Weintraub Tobin is one of the most dynamic, fastest-growing law firms in California.