ITechLaw eNews, February 2010                                                              Sandra A. Jeskie, Editor in Chief 

Complimentary ITechLaw Seattle Breakfast Roundtable:
Cloud Computing and Privacy

Cloud computing is more than just the latest catch phrase. It represents today's rapidly changing technology environment, including how we collect, store and use vital personal data. Understanding cloud computing and how it affects your clients will keep you at the top of your game. Network with colleagues and learn about:

● How cloud service providers use data
● Law enforcement access to data held by cloud services
● Global implications and jurisdictional conflicts
● Business models and approaches that enhance user choice and control

Featured Speaker: Mike Hintze is an Associate General Counsel in Microsoft Corporation’s Legal and Corporate Affairs (LCA) group. His practice includes a number of regulatory and public policy issues, including privacy, security, telecom, online safety and free expression matters worldwide.

CLE Credits: ITechLaw members and non-members may attend this complimentary breakfast event. This program is expected to qualify for 1.5 general CLE credits for Washington State. CLE approval is pending with the Washington State Bar Association.

Date: March 4, 2010
Time: 8:30 – 10:30 A.M.
Location: Fairmont Olympic Hotel, 411 University Street, Seattle, WA
Speaker: Mike Hintze, Associate General Counsel, Microsoft Corp.
Cost: Complimentary

RSVP: Please email by February 20, 2010. Space is limited.

ITechLaw's Substantive Law Committee Tackles Software Patentability Issues

By Susan Barty, CMS Cameron McKenna, London

The issue of the patentability of computer software has been a much debated issue generally, but particularly at ITechLaw, and has been one of the key projects undertaken by ITechLaw's IP Substantive Law Committee over the last couple of years.

Last year the European Patent Office (EPO) invited third parties to submit written statements concerning questions on the patentability of computer software inventions which had been referred by the EPO President to the Enlarged Board of Appeal of the EPO. The referral was quoted as relating to the "deeply contentious question about how to assess the patentability of software-related inventions" and the questions were, according to the President of the EPO, of fundamental importance as they relate to the definition of "the limits of patentability in the field of computing."

This gave stakeholders a real opportunity to have a say in the future of the patentability of software in Europe. With input from a number of members of the Committee, and also with valued input from Julian Potter of W.P. Thompson & Co in London, the IP Substantive Law Committee submitted an amicus curiae brief to the Enlarged Board of Appeal of the EPO, which was acknowledged by commentators as being one of two genuine amicus curiae briefs and which has now even made it into the Wikipedia entry on the pending referral!

Following the making of this submission, with the significant help from Eran Liss of Adin-Liss Law Offices in Tel Aviv, the IP Law Committee has made a further submission on this important topic, on this occasion to the Israeli Patent Office.

The Israeli Patent Office announced that it wishes to consider whether its position with respect to the patentability of computer related inventions should be changed. The approach of the Israeli PTO with respect to the patentability of computer software to date has been quite restrictive following two recent important decisions: The Eli Tamir decision given in 2006, which clarified that the PTO considered e-commerce inventions as non-patentable subject matter, and the Elbit decision given in 2009, where an even more restrictive approach was taken, contrary to the position of the EPO, to the effect that even if the use of a computer yields a technological change of a non-computerised component of the invention, this is insufficient to render the invention subject-matter patentable.

ITechLaw's members act for and/or comprise numerous companies and individuals with a real interest in the patentability of programs for computers, some of whom favour making it easier to patent programs for computers and others would rather it be made more difficult. Both this submission, and the submission to the EPO, therefore attempted to provide a balanced view which represents all of ITechLaw's members, and which focused on problems which are common to all members, such as certainty in the legislation.

Of course, although generally the issue of the patentability of software is accepted in the United States, what is patent eligible for a process incorporating software is still under a cloud in view of the renowned case In re Bilski, which has been argued and is currently awaiting decision by the United States Supreme Court, and which will be the subject of continued discussion at ITechLaw.

For more information on committee activities, contact chairperson Susan Barty at

Traveling Fellowship Award Winners 2010

ITechLaw Association takes immense pleasure in announcing the Traveling Fellowship Award winners for 2010 - Mr. Himanshu Khare and Mr. Nirupam Lodha.

During ITechLaw's 6th International Asian Conference, held in Bangalore, India, Dr. Ursula Widmer, President of ITechLaw and Chair of International Visiting Associate Program, and Axel Funk, Vice Chair of the International Visiting Associate Program, presented the award to Himanshu and Nirupam, providing them the exciting and unique opportunity of visiting five reputed law firms in both Europe as well as the USA.

Himanshu Khare heads the legal division for Customer Support at WNS Global Services Pvt. Ltd, a leading global business process outsourcing company. He is based in Mumbai and has worked formerly with well established law firms as well as with leading technology related companies.

Himanshu graduated from the Government Law College, Mumbai in 1998. His experience in the ICT field includes advising the Government of Maharashtra in relation to computerisation of over 16 government hospitals and colleges across the state of Maharashtra. In response to receiving the award he mentioned that he is extremely excited about the opportunity to learn more about ICT laws in other jurisdictions and to interact with lawyers from other jurisdictions.

Nirupam Lodha is an Associate with Luthra & Luthra Law Offices in Delhi, an Indian law firm with offices in major cities in India. He has worked with this law firm since graduating from National Law University, Jodhpur in 2007.

Nirupam's work experience includes drafting and negotiating intellectual property licensing and technology transfer agreements as well as being involved in technology related litigations. He has also worked on Data Encryption and Data Privacy law related issues, ISP Liability issues and other Intellectual Property Law related matters. Nirupam is extremely enthusiastic about the award and hopes to exchange ideas and information about ICT laws as well as about various cultures, thereby effectively achieving the objective of the program.

Himanshu’s and Nirupam's five week opportunity in Europe and the US will begin in May 2010. The sponsoring law firms are looking forward to welcoming both the awardees and wish them an enjoyable and enriching experience, both professionally and personally.

Don't miss out on the 2011 India conference in Bangalore and your chance to submit either your own credentials or the credentials of your colleague for the highly acclaimed ITechLaw India Traveling Fellowship Award. It could be yours!

To read about how beneficial the award can be, please see the below two statements from former award winners, Talha Salaria – MMB Legal, 2009 Award Winner, and Sunita Jagtiani – WIPRO, 2006 Award Winner:

Talha Salaria said that "the TFA has been one of the most thrilling experiences. It has not only helped me understand and experience different cultures and the manner in which ICT laws are implemented in various other jurisdictions but has also opened up avenues for future growth of business, networks and friendship."

Sunita Jagtiani said that "the program is truly a once in a lifetime experience. I have wonderful memories of my trip and established great relationships with each of the sponsor firms. The work was very enlightening and interactive, which gave me ample opportunities to learn the ICT legislations in other jurisdictions and the processes followed by the firms in terms of services rendered, both professionally and administratively."

ITechLaw’s 6th International Asian Conference, Bangalore

Review By: Bangalore Conference Co-Chairs (Rahul Matthan, Rajiv Patel, Sajai Singh, Ursula Widmer)

The 6th Annual ITechLaw Asian Conference was held in Bangalore from February 4 – 5 at the Taj West End Hotel. The event started with an Art exhibit of some emerging Indian artists, with ten percent of the proceeds going to a foundation for ill children.

The conference began with the keynote address of one of India's 50 Most Powerful People in 2009 from Businessweek, Mr. Chetan Maini, CEO from Reva India, Bangalore, on the manufacturing and export of non polluting cars to Europe and the US and its legal framework.

The morning panel discussed media, content and the challenges of Technology in the new decade. One of the highlights of the day was the attribution of the prestigious 2010 Traveling Fellowship Awards. Two awards were given out this year, with each winner interning for several weeks at law firms in Europe and the US.

The afternoon program continued with interesting presentations on new issues in telecommunications, outsourcing and intellectual property challenges at the beginning of the new decade.

The Gala Dinner in the Prince of Wales lawn of the Taj West End hotel was another highlight of the day, as the lawn was very beautifully lit up by hundreds of lights on the surrounding trees. There was also a raffle draw at the Gala Dinner, where the happy winner won a Kindle World, an electronic book reader in which one can download books and newspapers.

The second day of the conference began with the International Women's Network (I-WIN) Committee Meeting where 40 women lawyers from around the world were informed by Talha Salaria, the Traveling Fellowship Award winner of 2009, about one of the great benefits that ITechLaw is offering. After a great networking opportunity, with each woman shortly sharing their professional background, there was a very interesting presentation on ‘Successful Negotiating of Critical Contract Provisions’ by Sanjukta Kulkarni, who heads the Legal Function at TCS eServe Ltd. in Mumbai, as she informed on how to negotiate successfully in different jurisdictions from the vendors perspective.

The program for day two then started with a discussion panel on the practice of law in India and if the entry of international law firms might bring benefit or increase competition. The National Unique ID Project is the new buzzword in India and the panel discussed privacy issues involving the Indian government's NUID Project and it was shown how other jurisdictions, such as the US and Australia, are handling privacy issues.

Topics such as the emerging public and private health care industry and how to successfully negotiate healthcare technology contracts, legal risks and the impacts of social networks and new issues and challenges in cloud computing were also featured.

There was another opportunity to win a Kindle World at the closing of the conference, which was won by a woman lawyer from India.

It was wonderful to see at this 6th annual event in India, very new faces among senior and younger legal experts in IP, IT and Telecom and to see the number of women attendees increasing. We look forward to the 2011 Asian conference in Bangalore from February 3-4, 2011.

Please visit the complete photo gallery to enjoy the full tour of this conference.

ITechLaw Welcomes Its Newest Members!


Organization City, State

Jean de Oliveira

The White Oak Group Atlanta, GA

Dilek Ekdial

Istanbul Patent Trademark Consultancy Ltd Istanbul

Andriani Ferti

Clifford Chance LLP Brussels

Tom Holsoe

Law Firm Poul Schmith Copenhagen

Hidayathulla Kuvenda

AdLaw Partners Bangalore

Daniel Logan

Torys LLP Toronto

Rodrigo Melo

Universidade Estacio de Sa Rio de Janeiro

Cathy Mulrow-Peattie

MasterCard Purchase, NY

Simmy Rease


Paul Van den Bulck

McGuireWoods LLP Brussels

President's Column, by Ursula Widmer

Dear ITechLaw Members and Colleagues,

I would like to give a special New Year's greeting to all of our members who are celebrating the Chinese New Year. I wish you all the best in the year of the Tiger.

Our Annual India conference took place on February 4-5, 2010, in Bangalore at the Taj West End hotel, where we all experienced a wonderful Gala Dinner evening in the beautifully lit up Prince of Wales lawns. I am delighted to announce that the conference was very successful, with an attendance of 220,with outstanding presentations by national and international legal experts. Great networking opportunities added to this exceptional experience.

We were also very honoured to have as Keynoter on Day 1, Chetan Maini, CEO of Reva India, Bangalore, who was included in Businessweek’s list of India's 50 Most Powerful People 2009.

I would like to thank my Conference Co-Chairs for all of the time and effort they dedicated to the conference, which are: Rahul Matthan, Trilegal, Bangalore, Sajai Singh, J.Sagar Associates, Bangalore and Rajiv Patel, Fenwick & West, Palo Alto.

The 2010 Traveling Fellowship Award was attributed to 2 winners this year, who will both be interning with 5 renowned law firms in Europe and the USA from May to early June.

You will find more information about this years winners: Mr. Himanshu Khare from WNS Global, Mumbai and Mr. Nirupam Lodha from Luthra & Luthra, New Delhi below. Stay tuned to the eNews for information about the winners travel reports.

On another very good note, I am delighted to see one of the major goals I set for my Presidency already realized, which is to build a notable group of law firms sponsoring the association as Global Sponsors and by doing so creating an ongoing financial stability for our association.

We welcomed recently as Global Sponsor at the Silver level, Pillsbury, adding this to Duane Morris as a Global Sponsor. We now welcome Greenburg Traurig (GT) as a Gold Global Sponsor and Sonnenschein, Nath & Rosenthal as a Bronze Global Sponsor.

Alan Sutin, chair of GT's Global Intellectual Property & Technology practice and ITechLaw Board of Directors member, states that "we look forward to once again working closely with leading technology law professionals through our participation in the ITechLaw program. Changes in technology can be swift and often affect business in a profound manner, resulting in some of most complex issues legal professionals face today."

While Marc Friedman from Sonnenschein, Nath & Rosenthal says that "as a global law firm, Sonnenschein deeply appreciates the many advantages that Global Sponsorship with ITechLaw offers. With two former ITechLaw Presidents, myself and Rick Horning among it's outstanding IT/IP lawyers, Sonnenschein, through its sponsorship, seeks to ensure that ITechLaw's excellent conferences and publications, and marvelous networking opportunities, continue to be available to the world's leading lawyers. Sonnenschein and ITechLaw are perfect partners as we enter a new and exciting decade."

This is very good news for all of us.

With my best regards,

Ursula Widmer
ITechLaw President

Take Advantage of Discounted Rates for ITechLaw's 2010 Annual Meeting and World Conference

Enjoy a high-level professional exchange of knowledge and skills related to technology law in a social environment rich with networking opportunities.

For in-depth program, venue and registration information, please visit the conference website.

Early bird registration ends April 12, 2010.

Register here.

View the conference program here.

Call for Papers - ITechLaw 2010 European Conference, Berlin, October 28-29

Dear Colleagues,

The Call for Papers is now open for the ITechLaw 2010 Annual European Conference, to be held in Berlin, Germany on October 28-29, 2010. We invite you to submit your proposal prior to the deadline of March 1, 2010.

If you have a current issue or development in IT law that you think would make an interesting presentation or panel, please submit a short, one-paragraph description of the topic that includes why you consider this to be timely and relevant for inclusion in the conference.

Additionally, if you would like us to consider you or someone else as a speaker on the proposed topic, please provide the proposed speaker's contact details and summarize the speaker's qualifications to address this particular issue.

Please submit your proposal by Monday, March 1, 2010 to

We look forward to seeing you in Berlin in October.


Sandra Jeskie, Co-Chair
Duane Morris

Kiran Sandford, Co-Chair
Mishcon de Reya

Christian Frank
Program Co-Chair
Taylor Wessing

Writing Competition for Law Student Members of the National Association of Women Lawyers

The National Association of Women Lawyers, (NAWL), of which ITechLaw is an association member, announces its Fifth Annual Selma Moidel Smith Law Student Writing Competition for its law student members.

The competition was established five years ago to encourage and reward original law student writing on issues concerning women and the law. The author of the first-place essay will receive a cash prize of $500. The winning essay will be published in the NAWL Women Lawyers Journal in Summer 2010.

Click here for complete guidelines. If you have any questions about the competition, please contact:

Lindsey Urban
National Association of Women Lawyers
321 North Clark Street, M.S. 15.2
Chicago, IL 60654
T: 312.988.5861
F: 312.988.5491 

The eNews Sampler: Brief Monthly Updates

In addition to ITechLaw's online technology law journal, the eBulletin (requires log in), ITechLaw often provides 1-2 short articles in the eNews. Articles in the eNews cover brief legal updates and give members an opportunity to share their professional experiences as they relate to ITechLaw.

To submit your articles, please contact us.

Submissions are subject to editorial discretion. Articles not used in the eNews may be used in the eBulletin.

ITechLaw Member Spotlight

ITechLaw accepts member submissions highlighting your career news, including speaking engagements, promotions and publications. You may also submit a color photo (.jpeg preferred) to be displayed with your announcement. Submissions are subject to final editorial approval and are limited to ITechLaw members only.

Click here to submit your member news today!

ITechLaw member lan J. Hartman

a partner in the Cincinnati, Ohio office of Dressman Benzinger LaVelle psc, was recently appointed to the Dean's Advisory Board for Northern Kentucky University’s College of Informatics. As an alumnus of NKU's Chase College of Law and head of DBL's Technology Law Practice Group, Hartman brings extensive knowledge to his role, supporting the college in creating and sustaining programs in the field of informatics.


Morton David Goldberg, former Board member and original member of our predecessor Computer Law Association, has published, "Barbara Ringer and Copyright History," in 56 Journal of the Copyright Society of the U.S.A. iii (2009). Ringer was successively a mentor and colleague of Mort's. She served as Director of the UNESCO Copyright Division and longtime U.S. Register of Copyrights, and was a pioneer role model for women as a leader and major creator of the U.S. Copyright Act and developer of the structure of today's international copyright system.

Continued Thanks to ITechLaw's Sponsors

ITechLaw welcomes its latest sponsor, Sonnenschein, Nath & Rosenthal:

 Become a Sponsor!

Reach Technology Law Attorneys Worldwide and Support ITechLaw

For organizations interested in ITechLaw’s Global Sponsorship program,
please download our Global Sponsorship Prospectus
and contact us today.

For more information on ITechLaw and its activities,
please visit us at


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