On August 9, 2016, CincyIP welcomes Matthew Molloy and John Luken, both of Dinsmore & Shohl, to discuss recent opinions from The United States Supreme Court and the Court of Appeals for the Federal Circuit.

In particular, Mr. Molloy and Mr. Luken will discuss recent USSC opinions regarding enhanced damages for willful infringement (Halo/Stryker), IPR claim construction standards (Cuozzo), and attorney’s fee awards in Copyright Cases (Wiley v Kirtsaeng).  Additionally, they will discuss pending Supreme Court matters directed to design patent damages (Apple v Samsung), patent laches (SCA Hygiene v First Quality Baby Prods), the copyrighting of useful articles (Star Athletica v. Varsity Brands), and the patent implications when supplying subcomponents of a patented invention abroad (Lifetech v Promega).

From the CAFC, Mr. Molloy and Mr. Luken will discuss recent patent decisions regarding Section 101, venue (In re TC Heartland), the 102(b) on sale bar (Medicines Co v Hospira), and international patent exhaustion (Lexmark v Impression Prods).  Finally, regarding trademark law, they will discuss the CAFC’s opinion on disparaging marks in In re Tam.

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Matthew A. Molloy

Matt is a member of Dinsmore’s Intellectual Property Prosecution and Opinion Practice Group. He is admitted to practice before the United States Patent and Trademark Office and has extensive experience in the preparation and prosecution of patents in the U.S. and abroad. Matt manages international patent portfolios and his practice encompasses a variety of technical areas such as chemical/chemical engineering, materials, polymers, petroleum refining, pharmaceuticals, biotechnology, mechanical engineering, software, and business methods.

Additionally, Matt is experienced in rendering patent opinions, including freedom to operate, validity, state-of-the-art, patent landscape, patentability, and due diligence opinions.  He is adept at negotiating, drafting and analyzing IP licensing agreements, and has counseled a broad range of clients, from Fortune 500 companies to small startups, regarding the protection of intellectual property and innovation.  In addition to his intellectual property knowledge, Matt also has experience with FDA regulatory matters.

Matt’s patent and intellectual property knowledge has led to speaking engagements over the last year related to Supreme Court and Federal Circuit intellectual property and patent law decisions.

John D. Luken

John focuses his practice primarily on patent infringement litigation as well as complex commercial and other intellectual property litigation. He has handled patent infringement cases involving a variety of services and products, including commercial forms and related software, software-related business method patents in the printing and financial services industries, metal beverage cans and closures, surface coal mining blasting methods, service station petroleum equipment, and retail security products.

While his practice now focuses largely on patent infringement matters, John has handled a wide variety of other types of complex litigation matters, ranging from securities, commodities, RICO and fraud claims arising out of complicated derivatives transactions to shareholder derivative litigation, environmental litigation, business and government contracts cases, and ERISA class action cases. John’s approach is to focus first on client needs and objectives and to approach matters flexibly and creatively, rather than in a one-size-fits-all manner, so that complex matters can be resolved favorably, expeditiously, and cost-effectively.

John also chairs the firm’s e-Discovery Group and is an active member of the influential Sedona Conference Working Group on Electronic Document Retention and Production (WG-1), participating in several Sedona drafting teams, including the Case for Cooperation (urging more rational, expeditious, and less expensive discovery processes).

On July 12, 2016, CincyIP welcomes Joshua Lorentz (Dinsmore & Shohl), John Davis (Wood Herron & Evans), and Angela Haughey (The Proctor and Gamble Co.) to discuss practice tips and strategies for Inter Partes Review.  Nicholaus Rericha (Dinsmore and Shohl) will be moderating the panel discussion.

Inter Partes Review (“IPR”) is an America Invents Act trial procedure conducted at the Patent and Trademark Appeals Board to review the patentability in one or more claims in a patent.  An IPR proceeding is an attractive, potentially lower-cost, alternative to patent litigation.  The Panel will discuss the mechanics of a typical IPR proceeding, as well as practice tips and strategies for each stage of the proceeding.  The panel will also discuss strategies regarding when to file an IPR proceeding and the costs involved.  The Panel will also receive questions from the audience.

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Joshua Lorentz

As Chair of Dinsmore & Shohl’s Intellectual Property Department, Josh helps companies and innovators make intelligent decisions about their intellectual property rights and protect the ultimate value of their business — from IP prosecution to IP audits/due diligence to IP litigation and licensing, Josh’s work spans a variety of technologies, including chemical/materials, electrical engineering and computer arts. He has tried IP litigation matters to decision, conducted claim construction (Markman) hearings, led and consulted in post grant proceedings and represented clients before the U.S. Court of Appeals for the Federal Circuit. Josh also has unique experience in licensing matters, negotiating hundreds of technology agreements for multiple clients, including dozens of Cooperative Research and Development Agreements with National Laboratories and Research Agreements with Universities.

John Davis

John is a partner with Wood Herron & Evans LLP, and has appeared in federal courts from coast to coast, representing clients in a variety of copyright, trademark, trade dress, and patent litigations.  Mr. Davis has represented clients in various matters before federal appellate courts, as well as before the U.S. Patent and Trademark Office (USPTO). 
Prior to joining WH&E, Mr. Davis served as an Attorney-Advisor for the Air Force Legal Information Services Agency, Maxwell Air Force Base, Alabama and as a Staff Attorney for the United States District Court for the Eastern District of Virginia.  Mr. Davis is a member of the Air Force Judge Advocate General (JAG) Corps Reserve where he holds the rank of Colonel.  As a reservist, he has appeared in the military courtroom and has provided legal technology training at the Air Force JAG School, the Army JAG School, and at various military installations throughout the country.

Angela Haughey

Angela is Senior Counsel for The Procter & Gamble Company, where she is currently Global Innovation Counsel for a 9 billion dollar hair care business which includes such brands as Pantene, Head and Shoulders, Herbal Essences, Aussie and Rejoice.

Angela has worked as patent counsel for P&G for 13 years, prior to that she worked in R&D at P&G.  She has experience in providing legal counsel regarding a broad range of matters including global patent procurement (utility and design) and prosecution, patent litigation, IPRs, European opposition proceedings, global freedom to practice, IP strategy, complex agreements (e.g. joint development, master collaboration, settlement), licensing and divestiture.  Angela received her law degree from the University of Cincinnati in 2003.

Nicholaus Rericha

Nick is a Partner the Intellectual Property Department, focusing his practice on patent preparation and patent prosecution, as well as invalidity and non-infringement opinions. His practice includes a wide variety of technological areas including robotics, material processing, optics, circuit design, control systems, software, computer science, automotive, power semiconductors, nanotechnology, among others. In addition, Nick’s practice also includes e-commerce, privacy, and licensing. Prior to becoming an attorney, Nick was an electrical engineer at TRW in Elyria, Ohio and the Nordson Corporation in Amherst, Ohio.