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What Acquirers of Startups Look For: The Mistakes Startups Make

CincyIP is excited to announce that we have partnered with Cintrifuse to host our next meeting on August 8 at Union Hall* in Over the Rhine, in the heart of Cincinnati’s startup community.

Tim Swan of Frost Brown Todd  will present on intellectual property transactional topics relating to startups.  The life cycle of most successful startups ends with the startup being acquired by another company. Startups can make an exit quicker and more lucrative by making sound intellectual property-related decisions. However, many startups make mistakes early on that create massive headaches when a sale is in the works. This presentation will examine what potential acquirers look at when evaluating a startup’s IP position, and common mistakes made by startups that prove
costly in an exit.

Mr. Swan’s presentation will be followed by a panel discussion featuring representatives from local business engaged in the StartupCincy ecosphere, including JB Woodruff of UpTech, Kyle Schlotman of Connetic Ventures, and John Spencer of First Batch. The panel will discuss their experiences with and perspectives on IP issues for startups.

*Meeting will be held in Beer Hall at Union Hall (1311 Vine St, Cincinnati, OH 45202)

REGISTER HERE by Wednesday, August 2, 2017 at noon.


Supreme Court and Federal Circuit Update: Significant Intellectual Property Decisions for 2016-2017

On July 11th, Matthew Molloy  and John Luken, both of  Dinsmore & Shohl, will discuss recent Supreme Court opinions pertaining to design patent damages (Apple v. Samsung), patent laches (SCA Hygiene v. First Quality Baby Prods), and patent infringement considerations when supplying components abroad (Lifetech v. Promega). Mr. Molloy and Mr. Luken will also discuss Supreme Court cases regarding international patent exhaustion (Lexmark v. Impression Prods) and patent venue (TC Heartland v. Kraft).

From the trademark side, Mr. Molloy and Mr. Luken will discuss the recent Supreme Court case pertaining to disparaging marks (Lee v. Tam).

From the copyright side, they will discuss the Supreme Court case pertaining to copyrights for useful articles (Star Athletica v. Varsity Brands).

For recent Federal Circuit cases, Mr. Molloy and Mr. Luken will discuss the continuing fall-out from the Supreme Court’s 35 U.S.C 101 decisions on patent eligibility for software and diagnostics.

This presentation will give specific insights and guidance for both litigators and prosecutors.


REGISTER HERE by noon, July 5, 2017.

*This event will take place at the Hampton Inn & Suites on Vine Street, which is just up the street from The Cincinnatian Hotel.  The event will be on the third floor in the Vine Street South Room.


Examiner Searching: Looking Through The Looking Glass

On June 13th, Dominic DeMarco of DeMarcoIP will discuss examiner patent searching.  Every single day, nearly 10,000 USPTO examiners do it. Some have the Midas touch and find novelty-destroying prior art on a regular basis. Others struggle to find art enabling them to pursue five-way obviousness rejections.  Clients are paying for these searches – both upfront for the act of searching by the USPTO, and down the road when the quality of the examiner search influences the future value of client assets.  Attorneys very closely monitor every office action during prosecution; but what about the examiner search effort? Does anyone know how to review this? What can this often-ignored section of the file history teach us? This presentation will be an educational foray into “Examiner Search Strategy.”  Dominic will discuss examiner search methodology, internal USPTO databases, and the “why” of examiner citations.

NOTE – this event will take place at Hampton Inn & Suites on Vine Street in Cincinnati (rather than at The Cincinnatian Hotel).