Greg Ahrens, Partner at Wood Herron & Evans LLP, will speak on the consequences of IP prosecution during litigation. The goal in preparing and prosecuting patent, trademark, and copyright applications is to gain issuance or registration of the application. However, techniques used or actions taken during preparation and prosecution of patent, trademark, and copyright applications may have unintended consequences that are revealed when the issued (or registered) intellectual property is litigated. For example, courts may find the issued property to be invalid or unenforceable or may limit the scope of protection based on the prosecution record. In particular, certain statements made (or even omissions) in the application and/or during prosecution, failure to comply with formal requirements, or fraudulent or inequitable dealings with the issuing office (e.g., the U.S. Patent and Trademark Office and the U.S. Copyright Office) can be detrimental to the intellectual property holder’s litigation position. For example, with respect to patent law, the presentation will likely address claim construction, doctrine of equivalents, prosecution history estoppel, and/or inequitable conduct. In the trademark and copyright contexts, the presentation will address failure to satisfy certain formal requirements, as well as limitations on the scope of protection that may arise during prosecution.
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The Scholarly Symposia Series – Current Issues in Intellectual Property Law
University of Dayton
School of Law
Joseph E. Keller Hall
Albert H. Scharrer Atrium
Tuesday, September 28, 2010
6:00 p.m. – 8:30 p.m.
6:00 p.m. – 7:00 p.m.
Heavy appetizers and cocktails
Professor John Cross
followed by hearty debate
7:00 p.m. – 8:30 p.m.
This symposium exposes core principles and major present-day themes associated with the Lanham (Trademark) Act, that prohibits a number of activities, including trademark infringement,trademark dilution, and false advertising.
Please Register by September 21, 2010
Symposium Fee $50.00
Download Brochure for more information
This event will attempt to convey the examiner’s perspective of the patent and trademark examination process using a panel of former patent and trademark examiners. The event will start with brief presentation of the Patent and Trademark organization, examiner training, the production system, and general tips on how to interact with an examiner. The panel will endeavor to not only help explain PTO policy and procedure, and how these might influence examiner-practitioner interactions, but also will try to reflect on the different examiner styles and how to effectively interact with examiners.
Date: October 12, 2010
Time: 11:45am – 1:30pm
Location: The Cincinnatian Hotel – 601 Vine Street Cincinnati
Lunch: Lunch is Included with Registration
CLE: 1 hour Ohio (applied for)
Registration ends at noon on Wednesday, October 6.