28th Annual Dayton Program in Law and Technology Seminar

28th Annual Program in Law and Technology Seminar: Exploring the Future of Cyber Technology and Intellectual Property Innovation
Program in Law and Technology (PILT), University of Dayton School of Law

Friday, June 8, 2018
University of Dayton School of Law
Keller Hall
300 College Park
Dayton, Ohio 45469-2772



Please join the University of Dayton School of Law on June 8, 2018, for the 28th annual Program in Law and Technology (PILT) Seminar: Exploring the Future of Cyber Technology and Intellectual Property Innovation.

This year’s seminar features keynote speaker Pamela D. Morgan, Esq. discussing the topic, “Bitcoin, Blockchain and Smart Contract Essentials.”


8:00 –8:30 a.m. Check-in and continental breakfast in the Atrium
8:30 – 8:45 a.m.
Welcome to the 27th Annual PILT Seminar
Professor Tracy Reilly, PILT Director

Introduction: Dean Andrew Strauss, University of Dayton School of Law

8:45 – 9:45 a.m.
Bitcoin, Blockchain, & Smart Contract Essentials
Pamela D. Morgan Esq., Empowered Law PLLC
Blockchains are changing the landscape of finance, tech, culture, and law. The world will be changed by this technology in ways we can’t yet imagine. This session is a great first step to prepare you to understand and participate in this emerging field.
9:45 – 9:55 a.m. Break
9:55 – 10:55 a.m.


Trademark Enforcement at the Border: Customs Does Not Just Seize Counterfeits
Barry F. Irwin, Partner/Founder, Irwin IP, Chicago, IL
The United States Customs and Border Protection is empowered by many statues to detain, seize, and ultimately destroy counterfeit goods entering the United States.  This session will discuss these statutory provisions, how Customs enforces these laws, how a rights owner can interface with Customs to better protect their rights, as well as strategies and options available to a defendant looking to challenge a wrongful determination by Customs that their products are counterfeits or that their products infringe the marks asserted by Customs.  The discussion will touch on a few real examples of said challenges in action, as well as implications for the future
10:55 – 11:00 a.m. Break
11:00 a.m. – Noon


The Intellectual Property Holding Company: Tax Use and Abuse from Victoria’s Secret to Apple
Xuan-Thao Nguyen, Professor and Director of the Center for Intellectual Property Law and Innovation, Indiana University School of Law
This presentation will focus on how and why IP Holding Companies are created for tax and non-tax reasons, provide discussions of the Gore-TexVictoria’s SecretSherwin-WilliamsLee Jeans and Nordstrom cases, and explain how legislators and courts in various states have responded to the use of the IP Holding Company in state tax avoidance transactions.
Noon – 1:00 p.m. Lunch in the Atrium
1:00 – 2:00 p.m.  BREAKOUT SESSION ONE
Session 1-1

Room 201

Patent Breakout:
Alice Update: Recent Developments In Patent Subject Matter Eligibility
William S. Morriss, Frost Brown Todd LLC, Cincinnati, OH
This discussion of recent decisions addressing the application of 35 U.S.C. 101 to various types of inventions will focus on areas where the rules laid down by the Federal Circuit are in tension with the practices of the patent office and what this tension may mean for prosecutors.
Session 1-2


High-Tech Track Breakout: 
David V. Croft, Meyers, Roman, Friedberg & Lewis, Cleveland, OH
2:00 – 2:10 p.m. Break
2:10 – 3:30 p.m. BREAKOUT SESSION TWO
Session 2-1

 Room 201

Patent Track Breakout:
Diving into Digital Health and Connected Devices
Jennifer Orr Mitchell, Partner, Dinsmore & Shohl, Cincinnati, OH and
Geoffrey L. Oberhaus, Partner, Dinsmore & Shohl, Cincinnati, OH
The presentation will present a brief review of data generated in medical environment (from diagnostic devices up through complex EMR and billing systems) and how that data is utilized and shared in a medical environment. With this understanding, the discussion will then focus on managing privacy and data protection in the digital health era (including review of the complex global regulatory environment such as FTC Act, FDA, HIPAA, HITECH, COPPA and GDPR) with a focus on data privacy analysis for digital health and Privacy by Design. Next the presentation will review a few recent US patent prosecution case studies for connected medical devices to provide potential prosecution tactics. Finally, the presentation will look at the data flow of connected wearable devices and electronic medical records and the cybersecurity challenges related to the same.
Session 2-2


High-Tech Track Breakout II:
Yes, there is an “I” in Blockchain
Matthew R. Schantz, Frost Brown Todd LLC, Indianapolis, IN
Sean Riggs, Chief Digital Officer, RGA Creative, Cincinnati, OH
As the Internet became more and more ubiquitous, those simple protocols were used by more and more people to do more and more iThings and create more and more iBusiness models that had never been seen before. Now Blockchain technology is changing the way businesses use data and is creating still more novel things, business models, and opportunities. Of course, with the opening of new vistas and opportunities comes uncertainty in the law, risks to the naïve, and often-long periods of uncertainty as the expectations of governments, consumers, and businesses themselves catch up to the new landscape. During this session we will cover a variety of ways blockchain technology has been and is being applied to a vast array of technical and business issues, from medical studies and supply chains to property rights and payments. We will identify a host of legal issues that the technology raises and these businesses’ IP, contract, technology, and legal professionals need to solve. We’ll even cover some solutions.
3:30 – 3:45 p.m. Break
3:45  – 4:45 p.m.
The Three C’s – Communication, Conflicts, and Client Trust Accounting
Emil J. Ali, Carr Butterfield LLC, Lake Oswego, OR
This CLE will cover topics relevant to patent and trademark practitioners, and provide an in depth discussion subject matter conflicts, common communication issues, and how poor accounting practices can lead to discipline. This event is a must for in house and law firm practitioners to learn best practices, and get a chance to walk through hypothetical situations.  We will also discuss how the ABA Model Rules of Professional conduct compare to the USPTO Rules.
4:45 p.m. Adjournment


There is no charge for parking in Lot S1 (on Brown Street at the corner of Stewart Street). No parking passes are required. PARKING IS LIMITED TO LOT S1. If you require handicapped parking, please go to the Visitor Center at College Park and L Streets.