Meet local judges and hear insights from the featured guest speaker, the Honorable Circuit Judge Kathleen M. O’Malley on Monday, November 16, 2015.

Judge O’Malley was appointed to the United States Court of Appeals for the Federal Circuit by President Barack Obama in 2010. Prior to her elevation to the Federal Circuit, Judge O’Malley was appointed to the United States District Court for the Northern District of Ohio by President William J. Clinton in 1994. During her sixteen years on the district court bench, Judge O’Malley presided over in excess of 100 patent and trademark cases. As an educator, Judge O’Malley has regularly taught a course on Patent Litigation at Case Western Reserve University Law School; she is a member of the faculty of the Berkeley Center for Law & Technology’s program designed to educate Federal Judges regarding the handling of intellectual property cases. Judge O’Malley serves as a board member of the Sedona Conference; as the judicial liason to the Local Patent Rules Committee for the Northern District of Ohio; and as an advisor to national organizations publishing treatises on patent litigation.

The registration fee of $50 for members, law clerks, and academics and $75 for non-members includes a plated 3-course dinner and open bar with wine/beer/sodas. No CLE will be provided.

This year’s event will be held at the Queen City Club. Complementary valet parking is available at the Queen City Club.

5:00-6:00 Reception Hour
6:00-7:30 Judge O’Malley’s Address & Dinner
7:30-8:00 Announcements and Awards
8:00-9:00 Open Discussion

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On September 8, 2015, CincyIP welcomes John Luken and Matt Molloy, both Partners at Dinsmore & Shohl, LLP, to discuss Significant Recent Opinions form the Supreme Court and Federal Circuit.

Mr. Luken and Mr. Molloy will discuss recent opinions from the Supreme Court concerning whether patent claim construction is purely a legal issue for a judge or whether it has factual components, whether a patentee can impose post-expiration royalties on a licensee, whether a good faith belief by an accused infringer that a patent is invalid can negate the requisite intent to prove inducement, whether trademark tacking is a question of law or a fact issue for a jury, and whether decisions of the Trademark Trial and Appeal Board can have issue preclusive effect on concurrent or later district court proceedings involving the same parties.

From recent Federal Circuit cases, Mr. Luken and Mr. Molloy will discuss the continuing fall-out from the Supreme Court decisions in Mayo, Myriad, and Alice on patent eligibility for computer-implemented inventions as well as for medical and biological inventions.  They will also discuss the current standard for determining willful infringement, whether the Supreme Court’s Petrella decision on the copyright side effects the application of the laches defense on the patent side, and whether the Supreme Court’s Kirtsaeng decision on international copyright exhaustion will affect exhaustion on the patent side.  They will also touch on other cases that concern claim definiteness after Nautilus, divided infringement after Akamai, and claim construction after Teva.  Finally, the Federal Circuit’s approval or disapproval of the Patent Trial and Appeal board’s conduct of post-grant proceedings under the AIA, including the Board’s use of the “broadest reasonable interpretation” standard for claim construction, will be discussed.

To register, click here

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