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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Tuesday, August 22, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide patent and other counsel on navigating the intersection of patents and export control laws. The panel will examine the challenges facing patent owners, when and where export control issues arise, and related licensing issues. The panel will offer best practices for complying with export control laws.

Faculty

David S. Bloch
Shareholder
Greenberg Traurig LLP

Mr. Bloch is an intellectual property litigator focused on helping clients understand the complex technical and legal issues that their businesses face. He litigates patent infringement, trademark, and trade secrets cases for clients in the financial services, technology (networking), healthcare, and pharmaceutical industries. A prolific writer, Mr. Bloch is the author of IP and Technology in Government Contracts (now in its fifth edition) and many articles on IP-related issues. 

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David G. Henry
Managing Partner - Waco, Texas Office
Munck Wilson Mandala

Mr. Henry is the lead partner in the Waco office and a member of the intellectual property group. He uses his private pilot license to travel for his cases and projects throughout the U.S. Mr. Henry's ability to pilot himself to and from a non-hub city allows him to reside in the Waco area and now spearhead the firm’s growth in a rapidly-demanding market. Since the arrival of Judge Albright to the Federal Bench, and the emergence of the Waco court as the largest patent litigation docket in the U.S., he is uniquely positioned to actively participate in the transition Waco has made from a nice place to live to the center of significant legal cases. Mr. Henry has litigated patent cases involving a wide range of technologies including medical devices, pharmaceuticals, computer hardware and software, telecommunication devices, and networks.

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Description

Running afoul of export control laws is surprisingly simple. If an American inventor in his Chicago lab hands data related to a patent application to a visiting Chinese scientist, this may be "deemed" an export. Likewise, distributing or outsourcing information by email, surface mail, or the cloud accessible outside the U.S. for patent application preparation purposes may be an export and regulated by U.S. law.

Many U.S. companies fail to realize that some commercial technologies are subject to the International Trafficking in Arms Regulations (ITAR) or the Export Administration Regulations (EAR) as defense or "dual-use" technologies. ITAR or EAR may govern sharing technical data and information in a patent application.

Violations of export control laws, even inadvertently, expose parties to potential stiff civil and criminal penalties and denial of export privileges. Counsel must understand the intersection between patent law and export control law to avoid any unintentional export violations.

Listen as our authoritative panel of patent and international trade attorneys provides an overview of export control laws and the challenges that patent owners face. The panel will discuss when and where export control issues arise, review licensing issues, and offer best practices for compliance with export control laws.

Outline

  1. Overview of export control laws
    • ITAR and technologies regulated under ITAR
    • EAR and technologies regulated under EAR
  2. Challenges patent owners face
  3. When and where export control issues arise
    • Employment or interaction with foreign nationals in the U.S. and abroad to develop/analyze technological innovation
    • Patent licensing
    • Cloud storage
  4. Licensing issues
  5. Best practices for compliance with export control laws

Benefits

The panel will review these and other essential issues:

  • What export control compliance challenges do patent owners and applicants face?
  • When do export violations arise in the patent context?
  • What are the best practices for counsel to patent owners for compliance with ITAR and EAR requirements?