About Ethics in IP Licensing

This course is an interactive exercise that enables attorneys and business people to understand and explore the various ethical questions that can arise during the negotiation of an intellectual property transaction. Very loosely patterned after the beloved Choose Your Own Adventure® book series, the course participants are given a scenario framework at various stages of an intellectual property transaction and then develop their own detailed story. The scenes are then dissected and analyzed from an ethical perspective and different paths and outcomes are discussed. Each group will have a mix of attorneys and business people, and the ethical dilemmas will be viewed from both perspectives. This format will enable business people to better understand the ethics rules and regulations governing attorneys (The ABA Model Rules of Professional Responsibility) and, likewise, enable attorneys to understand how business people approach ethical dilemmas.

The course is broken down into three acts:1) A Technology Is Born; 2) A Deal Is Done; and 3) A Deal Is Undone: War Declared. Act 1 enables the participants to explore ethical dilemmas surrounding early-stage technology development, including startup formation and obtaining patent protection. Act 2 centers upon ethical dilemmas arising during agreement negotiations. Act 3 explores the ethical dilemmas associated with a deal gone bad and the resulting litigation. Participants take on different roles throughout the acts, with attorneys playing the business person roles and vice versa. The ethical dilemmas, discussion, and analysis include:

• Conflicts of interest
• Attorneys’ confidentiality obligations to their clients
• Conflicts arising from an attorneys’ representation of an organization
• Truthfulness in statements to others; puffing versus false statements
• Litigation conduct

Presenters:

Ross J. Christie; United States Patent and Trademark Office

Joseph F. Marinelli; Partner, Fitch, Even, Tabin & Flannery LLP

Joseph T. Miotke; Partner, DeWitt Ross & Stevens Law Firm

Registration Fees:

LES Members $250

Non Members $350