The Intellectual Property Section presents
Intellectual Property Symposium – 2026
| Date |
Thursday, October 22, 2026 |
MCLE Registration
|
10:30 - 11:30 a.m.
Lunch will be provided. |
| In-Person Program |
11:30 a.m. - 5:00 p.m. |
In-Person Reception
|
5:00 - 6:00 p.m.
|
| MCLE |
3 Hours of which 1 Hour is in Legal Ethics Credit |
In-Person Program Location
|
BASF Conference Center
50 Fremont Street, Suite 1700
San Francisco, CA |
| In-Person Reception Location |
Studio Golf Bar & Grill
350 Mission Street
(Mezzanine Level)
San Francisco, CA |
SCHEDULE
Time: 11:30 a.m. - 12:30 p.m. | No MCLE Provided.
Opening thoughts: Jonathan Handel
Speaker
Time: 12:45 - 1:45 p.m. | MCLE: 1 Hour
Panel I: Intellectual Property Year-in-Review
What Portfolio Builders, Dealmakers and Litigators Need to Know
This program is for everyone practicing in the IP (or adjacent) areas -- whether you develop IP portfolios, do IP/ technology deals, or litigate.
Our expert panelists will cover the latest updates regarding patent practice, IP transactions, and IP litigation, highlighting "must know" developments as well as everyday practice tips that you can use in everyday situations.
We will dive into important changes in the law, key takeaways, and how to avoid major pitfalls, based on the most significant IP cases from the Supreme Court, Federal Circuit, and other influential courts.
Speakers
Time: 2:00 - 3:00 p.m. | MCLE: 1 Hour
Panel II: The Application of DMCA to Data Scraping Litigation
As AI fuels the demand for massive quantities of web data, courts are increasingly being asked to apply the Digital Millennium Copyright Act’s (“DMCA”) anti-circumvention provisions to data scraping disputes. This panel unpacks the technical mechanics of data scraping and the fast-moving case law that is reshaping who controls access to content online.
Speakers
|
  |
|
 |
Jo Levy
The Norton Law Firm |
Mark Liang
O’Melveny & Myers
|
Victoria Noble
Electronic Frontier Foundation |
Janel Thamkul
Former Deputy
General Counsel at Anthropic |
Moderator
Topics
- Introduction to data scraping and its growing use alongside AI products and tools
- Background of how DMCA has emerged as a player in data scraping cases
- DMCA Section 1201 basics: 1201(a) v. 1201(b), the absence of a fair use defense, and the exemption process
- Recent DMCA data-scraping litigation and policy responses, including EFF and amicus positions
- What counts as a technical protection measure (“TPM”), including a discussion of YouT v. RIAA, Google v SerpAPI and
- Reddit v SerpAPI
- Circumvention doctrine and the access-control v. copy-control divide
Time: 3:15 - 4:15 p.m.| MCLE: 1 Hour in Legal Ethics Credit
Panel III: Candor in the Age of AI
Ethics for IP Practitioners
Generative AI arrived in patent and trademark practice faster than the rules governing it. This program examines the professional responsibility questions AI raises for California IP practitioners under COPRAC's generative AI guidance and the California Rules of Professional Conduct, alongside the USPTO's own ethics rules and its guidance on AI-based tools.
Speakers
Moderator
Topics
- COPRAC's practical guidance on generative AI applied to IP practice: competence under Rule 1.1, client communication under Rule 1.4, and billing under Rule 1.5
- Dual regulation: California attorneys practicing before the USPTO answer to both the California Rules of Professional
- Conduct and the USPTO Rules of Professional Conduct under 37 CFR Part 11, and the two do not align perfectly
- Candor and the reasonable inquiry: why an AI tool's output does not satisfy the inquiry behind your signature, and what independent verification requires when a tool drafts claims or runs the prior art search
- Confidentiality with consequences beyond discipline: Rule 1.6 and Business and Professions Code section 6068(e) when feeding an unfiled invention disclosure or trade secret into a third-party tool also risks novelty and forfeiture
- Inventorship and disclosure as ethics questions: naming humans who contributed less than the tool did, and when AI involvement becomes material information, the Office must be told
- Supervision under Rules 5.1 and 5.3: treating an AI tool like a non-lawyer assistant when the supervising lawyer is the one signing the certification
Time: 4:30 - 5:00 p.m. | Keynote with Q&A | No MCLE provided.
Keynote Speaker: San Francisco City Attorney David Chiu
IP
Issues Facing the City Including the Recent Airport Litigation
Keynote Speaker
Moderator
Section Chair
Aaron D. Johnson, Womble Bond Dickinson
Thank You to Our Sponsors
(As of 9/3/2026)
Bronze Sponsors
O'Melveny & Myers
Riley Safer Holmes & Cancila
Steno
Supporting Sponsor
Conley Law, P.C.
Interested in sponsorship opportunities? Email events@sfbar.org
For a printable sponsorship form, click here.
Event Code: G262503
For a printable flyer, click here.
For related events, click here.
Cost
| FREE |
BASF and Barristers IP Section Members, BASF Law Students and BASF InHouse Section Members |
| FREE |
BASF Member |
| $200 |
All Others |
| |
All prices increase $10 on the day of the program |
| |
Join or Renew Today and Save! |
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Program Access
This is an in-Person program only. Virtual access will not be available. Program recordings are not guaranteed and/or included with this registration, nor immediately accessible to registrants. Approved recordings of live programs are converted to On-Demand CLE Courses and available for separate purchase through a third-party library 30 business days after the live recording.
Attending Programs
This event may be filmed or photographed. By participating in this event, you consent to have your likeness used for the BASF/JDC’s archival purposes and promotional materials. If you do not want to be photographed, please inform a BASF/STAFF person or the photographer.
Substitution, Cancellation, and Refund Requests
For CLE events longer than 1.5 hours, and for special events such as conferences, symposiums, professional development training programs, a 50% refund is available if you cancel at least 10 business days prior to the event. Please complete the Event Cancellation Form.
If you are unable to attend, you may send a substitute. Please complete the Event Cancellation Form.
MCLE Notice
To receive MCLE credit, you must sign in during the designated MCLE registration period. This activity is approved for Minimum Continuing Legal Education credit by the State Bar of California. BASF is a certified provider: Provider #103
Accessibility
People with disabilities and/or special requests should contact BASF regarding reasonable accommodations.