Supreme Court and Federal Circuit Update: Significant Intellectual Property Decisions for 2015-2016

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.


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).