2007-2008 Program Scenario
MyStyle, Inc. (NASDAQ: ME) is an American public corporation,
specializing in cosmetic, hair, and fashion "makeovers" for men and
women. The company is based in Beverly Hills, California, and has
about 2,500 "personal makeover specialists" among its 100 MyStyle
Centers throughout the United States. MyStyle's mission statement
is, "to beautify the people of the world." MyStyle's corporate
philosophy includes statements such as "Why be drab?", and
"Beautifying the Earth, one person at a time", illustrating a
somewhat fashion-conscious and environmentally-aware corporate
culture.
MyStyle was founded by Calvin Stein while he was a student
at UCLA and the company was first incorporated as a privately held
company on September 7, 1986. MyStyle's initial public offering
took place on August 19, 1992, raising $500 million. Being mostly
interested in the creative aspects of the business, Calvin has been
the company's CMO - Chief Makeover Officer - since 2001. Through a
series of new product developments, acquisitions and partnerships,
the company has expanded its initial makeover business into other
areas, including web-based fashion consulting, MyStyle® brand
cosmetic and hair care products, web-based video sharing, and
advertising through its MyStyle® fashion blog.
During the up-coming year, Calvin Stein will be meeting with his
attorneys several times to discuss a variety of IP issues that will
arise concerning MyStyle. Each of the meetings will form the
vignettes to be used by our pupilage groups.
Please note: Unless indicated
otherwise, all programs begin promptly at 6:00 p.m., followed by a
social hour starting immediately afterwards at 7:00
p.m.
2007-2008 Program Schedule and Topics
September 27, 2007
Topic:
Organizational Meeting and Social Hour
Venue: Woodcock Washburn, LLP, Cira Centre, 12th
Floor, 2929 Arch Street, Phila., PA
RSVP to Mary Acton by e-mail or
215-569-5639.
Description: Introduction to the Board of
Governors for the 2007-2008 season; review of this year's program
and sign-up for pupilage groups.
October 24, 2007
Topic: Patent
Prosecution and IP Strategy
Pupilage Group
Leader: Stephen Stanton
Venue:
Blank Rome, Phila., PA
Scenario:
MyStyle's patented web-based fashion consulting business is
really hot, especially among 18 - 30 year olds. Competitor websites
are now beginning to spring up; in one case, a virtual competitor
is selling a virtual fashion consulting service to virtual people
(i.e., "avatars") on Second Life. Calvin wants to know whether his
patents are broad enough to stop these
competitors, or at the very least to force them to take a
license. Calvin's creative team has also developed an improved "web
makeover experience", which adds the selection of personal
soundtracks and ringtones to the web-based makeover. MyStyle plans
to launch as a new web-based product soon and wants to know from
its attorneys whether or not the new improvements can be
patented.
Substantive issues that may be
discussed:
A. PTO New Rules
i. Restrictions on Continuation Practice
ii. Limits on Number of Claims
B. New Obviousness Standard under KSR
C. New licensing dynamics under Medimmune v.
Genentech
November 29, 2007
Topic: Patent Litigation
Pupilage Group Leader: David Farsio, Woodcock Washburn, LLP
Venue: Drinker Biddle Reath, Phila., PA
Description: Prior to launching its new,
improved, web-based "makeover experience" product, MyStyle's
attorneys conduct a freedom to operate search and discover several
patents owned by a patent holding company that makes money by suing
profitable companies. Calvin wants to know from his attorneys
whether or not he needs an "opinion of counsel" to protect the
company against treble damages. Attorneys discuss the preparation
and use of opinions in this regard. Calvin also has proof that
several of his products are being infringed in Europe and wants to
know whether his U.S. patents are of any use.
Substantive cases that could be
discussed:
A. In In re Seagate Tech. L.L.C. (August 20, 2007), the Federal
Circuit provided three important rulings related to willful
infringement and the scope of privilege or work-product waiver that
could result from an advice-of counsel defense to a charge of
willfulness. The Court (1) specifically overruled Underwater
Devices Inc. v. Morrison-Knudsen Co., 717 F. 2d 1380 (Fed. Cir.
1983) to eliminate the affirmative duty of due care established in
that case and set forth a new standard of "objective recklessness"
by which to assess willfulness; (2) held that an accused
infringer's reliance on the advice-of-counsel defense generally
does not constitute a waiver of privileged communications with
trial counsel; and (3) held that reliance on the advice-of-counsel
defense generally does not waive trial counsel's work-product
immunity.
B. U.S. Supreme Court Limits Foreign Patent Infringement
Liability in Microsoft v. ATT
January 16, 2008
Topic: Judges Program
Pupilage Group Leader: Paul Prestia, Ratner
Prestia, LLP
Description: We are planning to have Judges Linn
and Lourie of the Federal Circuit, along with Judges Schiller and
McLaughlin of the Eastern District of Pennsylvania, lead our
program.
Venue: U.S. District Court, Ceremonial
Court Room, Corner of 6th and Market Streets, Philadelphia, PA and
from Eastern District PA
February 28, 2008
Topic: Copyright Infringement in the Virtual
World
Pupilage Group Leader: John Marshall, Drinker,
Biddle and Reath, LLP
Venue: Duane Morris, On 17th Street, just South
of Market St.
Description: MyStyle's new products will
incorporate digitized versions of clothing designed by famous
fashion designers. Calvin expects this to be particularly popular
among the virtual avatars of Second Life. Calvin also predicts that
the "personal soundtracks and ringtones" additions to his product
lines will be popular. He would like to use popular songs that are
readily downloadable from iTunes at 99 cents a piece. Calvin would
like to know what copyright issues he needs to worry about.
Substantive Issues: This program will deal with
issues presented in some recent high-profile copyright infringement
lawsuits involving the Digital Millenium Copyright Act (DMCA) and
Digital Rights Management
March 27, 2008
Topic: Trademarks
Pupilage Group Leader: John Donohue, Woodcock
Washburn, LLP
Venue: Woodcock Washburn, LLP, Cira Centre, 12th
Floor, 2929 Arch Street, Phila., PA
Description: open to the pupilage group's
imagination
April 23, 2008
Topic: Ethics
Pupilage Group Leader: Kevin Casey, Stradley
Ronon Stevens & Young, LLP,
Venue: Stradley Ronon Stevens & Young, LLP,
Phila, PA
Description: Once again, Kevin Casey will be the
host of Ethical Jeopardy!
May 22, 2008
Topic: Judges II - Chief Judge Michel,
CAFC
Pupilage Group Leader: tbd
Venue: Drexel Law School Moot Court Room
Description: Special Meeting