Woodard Emhardt congratulates Common Sense Dental whose patented EndoPoint product was recently recognized by Dentistry Today’s Readers’ Choice Top 25 Endodontic Products of 2012.
The EndoPoint product is covered by U.S. Patent 6,520,773, which Woodard Emhardt obtained for Common Sense Dental in 2003. For more information on the EndoPoint product and Common Sense Dental’s other products, please visit their website located at http://commonsensedental.com/.
Well-established entrepreneurs and alumni of Wabash College gathered at the school on February 11, 2012, for the Second Annual Entrepreneur Summit.
A panel of entrepreneurs and Wabash alumni which included Woodard Emhardt partner Chris Brown, ’89, educated members of the Crawfordsville community and students from Wabash and other nearby colleges about becoming an entrepreneur. Chris primarily discussed the legal aspects of entrepreneurship including various intellectual property considerations.
We are pleased to announce that Woodard, Emhardt partners Thomas Henry, Spiro Bereveskos and Daniel Lueders have been named Super Lawyers for 2012. Additionally, Woodard, Emhardt associates Bill McKenna and Jim Blaufuss have been named Rising Stars for 2012. Congratulations to all!
With Super Bowl week already in full swing in Indianapolis, we wanted to remind you of some of the legal issues surrounding ambush marketing in view of the clean zone ordinance put in place by the City of Indianapolis. Ambush Marketing is when one brand pays to become the official sponsor of an event (e.g., the Olympics, the NFL, the World Cup) and another competing brand connects itself with the event without paying sponsorship fees.
Below is a presentation which discusses ambush marketing and ways to combat it. The presentation also covers similar laws used to prevent ambush marketing, such as the Olympics Symbol Act in relation to the 2012 Olympics in London, and the clean zone ordinances, adopted by Dallas for the 2011 Super Bowl.
Click here to download a copy of the presentation.
Topics covered in this month’s trademark group presentation include the opening of the registration period for new gTLDs, landrush availability of .xxx domains, and other TTAB case law updates. To download a copy of this presentation click here.
Congratulations to Elizabeth Shuster. Liz was elected to the firm’s partnership for 2012. With her knowledge and expertise, she is a true asset to the firm. Liz started with the firm in 2003 after graduation from the IU Maurer School of Law. Liz focuses her practice in the mechanical arts including drug delivery, diabetes care, agricultural equipment, cosmetic applicators, towing equipment, and recreational equipment. Again, congratulations, Liz!
Woodard, Emhardt partner Chuck Schmal has been selected for inclusion in the inaugural class of the Indiana State Bar Association’s (“ISBA”) Leadership Development Academy. The Academy was developed specifically to further educate and develop attorneys identified as key leaders for the State Bar in the future. The selection was made from a lengthy list of candidates, and was based on each attorney’s demonstrated commitment and skill in playing leadership roles within the State Bar. Congratulations Chuck!
Topics covered in this month’s patent group presentation include prioritized examination, discussion of a case regarding the De Novo standard of review, and discussion of recent case law following the Bilski decision. To download a copy of this presentation click here.
Topics covered in this month’s trademark group presentation include enhancements to the trademark electronic application filing service (TEAS), discussion of a case involving trademark unenforceability due to fraud and a case relating to deceptive misdescriptiveness of a mark. To download a copy of this presentation click here.
Patents
A Summary of the America Invents Act
On September 16, 2011, President Obama signed into law the “America Invents Act”which makes sweeping changes to the U. S. patent system. Congress’s primary goals were to further enhance opportunities for innovation and entrepreneurial investment, to better harmonize U. S. patent laws with those of other countries, and to streamline patent office procedures.
Supreme Court Clarifies Patent Ownership Under Bayh-Dole Act
As a result of Leland Stanford Junior University v. Roche Molecular Systems, Inc., No. 09-1159, organizations and universities subject to the Bayh-Dole Act should construct more effective assignment agreements with their employees instead of relying on the Bayh-Dole Act to automatically vest title.
Another Reason to Keep Lab Notebooks—Tax Credits Upwards of 7-10%
Law firms and in-house attorneys are always asking inventors to keep lab notebooks. There are a number of reasons to keep such documentation,
including seeking patent protection, but there is another reason that is often overlooked, substantial tax credits.
Trademarks and Copyrights
ICANN Approves New Generic Top-Level Domain Names, Including The XXX Domain
ICANN’s Board of Directors has approved a plan to allow an increase in the number of internet address endings, otherwise known as generic top-level domain names (gTLDs). Currently 22 gTLDs exist, with .com being the most utilized. However, internet address names will soon be able to end with almost any word in any language, offering organizations around the world the opportunity to market their brand, products, community or cause in new and innovative ways.
Do you work with copyrights? If so, do not forget about an author’s rights to terminate transfers and licenses.
The copyright act provides the authors of transferred or licensed works the opportunity to recapture his or her rights. This means that after waiting a specific period of time, an author, or an author’s estate, can terminate a prior transfer or license. Such terminations can have a dramatic impact on a company’s rights to use certain intellectual property or the rights to revenue from certain copyrighted works.
Litigation
A Tougher Standard for Proving Inequitable Conduct?
In a 6–1–4 decision, an en banc Federal Circuit in Therasense, Inc. v. Becton, Dickinson and Company tries to cure the “plague” of inequitable conduct pleadings by raising the bar for proving that alleged bad acts were material to patentability and that the patentee undertook the alleged bad acts with intent to deceive the Patent and Trademark Office.
Other Announcements
2011 Midwest Intellectual Property Summit
The 2011 Midwest Intellectual Property Summit, organized by Woodard, Emhardt attorney, Holiday W. Banta, will be held November 17th and will showcase presentations on the latest research and topics of concern in the field of intellectual property. Woodard, Emhardt attorneys presenting at the Summit include T.J. Cole, Michael Morris and Spiro Bereveskos.
Bill McKenna Selected for Indianapolis Bar Association’s Bar Leader Series
Woodard, Emhardt associate Bill McKenna was selected for the Indianapolis Bar Association’s Bar Leader Series. The Indy Bar’s Bar Leader Series is designed to develop lawyers for future opportunities in leadership roles in business and legal communities. Through the series, selected lawyers will learn how to communicate, motivate, inspire, and succeed not only in their law career, but also in service to professional, political, judicial, civic, and community organizations.
Congratulations, Bill!
