Significant Recent Opinions form the Supreme Court and Federal Circuit

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

The Intersection of Design Rights and Trade Dress

On August 11, 2015, CincyIP welcomes Mark Charles to discuss The Intersection of Design Rights and Trade Dress.
A corporation or inventor with a potentially valuable product will often want to take a multi-level approach to protecting their intellectual property.  Rather than rely only on one layer of IP protection, the owner will try to protect the same product with varying forms including design and utility patents, trade dress protection, and/or copyright.
 
Mr. Mark Charles of The Procter & Gamble Company will be discussing the intersection of design rights and trade dress.  Mr. Charles will explore the benefits and drawbacks of various design protection schemes, both in the U.S. and abroad, such as design patents, international design registrations, and trade dress.  Mr. Charles will discuss how overlapping strategies can maximize protection globally.  Brief case studies will also be considered, guided by the business and legal framework necessary to maximize protection of design elements.

To register, click Here

3D Printing and the Next Wave of Digital Infringement

On May 12, 2015, CincyIP welcomes Daniel H. Brean to discuss 3D Printing and the Next Wave of Digital Infringement.

3D printing technology is advancing fast into new materials and applications every day.  It is also moving quickly from the workshop into the home. The technology itself is disruptive, but so are the newly emerging commercial sales infrastructures. Physical products can now be sold digitally directly to consumers, who themselves manufacture the products on their own printers.  All of this rapid development requires a reevaluation of longstanding traditions in patent claiming and enforcement.  Can digital representations of physical products be patented, and if so, how can they be claimed?  How does patent enforcement change when the consumers are also the manufacturers?  Can copyright protection bridge the gap?  This presentation will explore these and other issues to help prepare attorneys and industry participants to navigate the uncharted waters where IP and 3D printing intersect.

About Daniel H. Brean: Dan is a senior associate at The Webb Law Firm, an intellectual property boutique in Pittsburgh, PA.  His practice focuses primarily on Federal Circuit appeals and district court litigation in the network systems and software space.  He also has considerable expertise in industrial design patent protection and design patents.

Dan is a former law clerk to the Honorable Jimmie V. Reyna at the United States Court of Appeals for the Federal Circuit.  He has a BS in Physics from Carnegie Mellon University, and he received his JD cum laude from the University of Pittsburgh School of Law, where he was honored with the Faculty Award for Excellence in Legal Scholarship and the ABA-BNA Intellectual Property Law Award.  Dan is also an adjunct professor, teaching patent law, at the University of Pittsburgh School of Law.  Dan’s scholarship studying the intellectual property implications of 3D printing has appeared in the Fordham Intellectual Property, Media, & Entertainment Law Journal.  Another paper is scheduled for publication by the Santa Clara Law Review in Spring 2015.  Dan has previously been invited to present selected aspects of his research at 3D-printing events hosted by the Global Strategic Management Institute and the International Trademark Association.