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CincyIP presents the Chisum Patent Academy
Featuring
Donald S. Chisum
and
Janice M. Mueller
February 14, 2012
11:45am – 1:30pm
Location: The Cincinnatian
This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 1.0 total CLE hour instruction.
Patent law authors and educators Donald S. Chisum and Janice M. Mueller will speak to Cincinnati IP Association members on two topics: (1) how the America Invents Act of 2011 (AIA) will change U.S. patent law, and (2) the ongoing schism at the Federal Circuit concerning patent claim interpretation, a pervasive problem not tackled by the AIA.
The AIA transitions the U.S. patent system from its historic first-to-invent priority system to a unique first-inventor-to-file system, implements post-grant opposition-style review in the USPTO of newly issued patents, and expands prior user rights. Although the changes wrought by the AIA leave many questions unanswered, fundamental concepts such as originality, conception, inventorship, and derivation will remain important. Relatively unrecognized by commentators are ambiguities in the AIA’s effective date provisions as well as the potential importance of the transitional review framework for business method patents. What strategies should patent practitioners follow before and after March 16, 2013?
Patent claim interpretation is central to all aspects of patent practice, including prosecution and litigation. Despite a 2005 en banc referendum on interpretive methodology in Phillips v. AWH Corp., Federal Circuit judges continue to disagree over the proper use of the specification, extrinsic evidence, and claim differentiation. The court’s recent decisions also signal an ongoing internal discomfort with the de novo standard of review mandated by the 1998 en banc decision in Cybor Corp. v. FAS Techs. The newest members of the Federal Circuit are highly accomplished lawyers with practice backgrounds other than patent law. How will their perspectives impact the future of patent claim interpretation? Will the Supreme Court’s increasingly active oversight of the Federal Circuit come into play?
Donald S. Chisum is co-founder of the Chisum Patent Academy, established in 2009. He is the sole author of Chisum on Patents, a multiple volume treatise, which was first published in October 1978. He regularly revises the treatise to account for developments in United States patent law. He is also the sole author of the Patent Law Digest (annually since 1991 and as the 25th Federal Circuit Anniversary Edition, LexisNexis Matthew Bender, 2008.) He is also author of the Chisum Patent Law Reference GuidesTM, which are available at www.chisum.com.
In 1989, Chisum received the Jefferson Medal Award from the New Jersey Patent Law Association, for outstanding contribution to the constitutional goals of the patent and copyright systems.
Chisum was professor of law at the University of Washington from 1969 to 1996 and professor of law at Santa Clara University from 1997 to 2006. From 1997 to 2006, he directed the Santa Clara Summer Institute on International and Comparative Intellectual Property, Munich, Germany. From 1989 to 1992, he served on the Board of Directors, American Intellectual Property Law Association.
Janice M. Mueller co-founded the Chisum Patent Academy with Donald S. Chisum in 2009. From 2004-2011 Janice was a tenured full Professor at the University of Pittsburgh School of Law, where she taught and wrote in the field of intellectual property law with an emphasis in U.S. and comparative patent law. Janice has also taught at the John Marshall Law School (Chicago), Suffolk University (Boston), the University of Kentucky, the University of Washington, Seattle University, Santa Clara University, and William Mitchell College of Law.
A registered U.S. patent attorney and chemical engineer, Janice began her legal career as a patent agent with Merchant & Gould, P.C. in Minneapolis. After law school Janice completed a two-year clerkship with the Honorable Giles S. Rich, U.S. Court of Appeals for the Federal Circuit. She litigated patent and copyright infringement cases as an Honors Program Trial Attorney in the U.S. Department of Justice before entering legal academia in 1995.
Janice has served on the AIPLA’s Amicus Committee, is a trustee of the Federal Circuit Historical Society, and chairs the Expert Advisory Committee on Intellectual Property for the non-profit Consultative Group on International Agricultural Research. Janice has lectured for BarBri Patent Bar Review.
PRICES (including lunch):
$20 for Members (includes 1 Hr Ohio CLE)
• $30 Non-Member with CLE
• $20 Non-Member without CLE
• $15 Students and Full-Time Academics
Registration ends at noon on Wednesday, February 8.
Cancellations will not be accepted without a 24 hour notice.