Intellectual Property

Review of Recent IP Supreme Court Cases

August 15, 2016

The Supreme Court has recently decided three different cases related to intellectual property issues. The Court reviewed the process of instituting an inter partes review (IPR) in In re Cuozzo Speed Techs., finding that a decision of whether to institute an IPR is nonappealable. Additionally, it was held that it is reasonable for the USPTO to use a broadest reasonable interpretation standard for claim construction in IPRs is reasonable.

In Halo v. Pulse; Stryker v. Zimmer, the Supreme Court reviewed the Federal Circuit’s Seagate test for enhanced damages in patent infringement cases. It was found that the Seagate test is too rigid and not consistent with Section 284. The Supreme Court leaves to the discretion of the court the right to enhance damages for egregious behavior.

The final intellectual property case heard by the Supreme Court, Kirtsaeng v. John Wiley & Sons, reviewed the standard for awarding attorney’s fees to a defendant in a copyright case. The Court held that a district court may give substantial weight to the objective reasonableness of the position of the losing party, yet should also account for other relevant circumstances for awarding attorney’s fees.

The Supreme Court has already granted petitions to hear several more intellectual property cases in the upcoming October term. Issues to be decided include calculation of damages in design patent infringement cases, infringement based on supply of a single component of a multi-component invention, protectability of features of a useful article under the Copyright Act, and the application of laches for claims brought within a statutory limitations period. The full presentation may be downloaded here.


The Story of the Coca-Cola Bottle

November 16, 2015

Today marks the 100th Anniversary of the design patent covering the classic Coca-Cola bottle. Developed in Terre Haute, Indiana, by the Root Glass Company, the classic Coca-Cola bottle was developed to provide a distinctive package for the popular drink. Versions of the original bottle are still available to this day and continue to provide a way to identify the popular Coca-Cola brand. For more information on this piece of intellectual property history, visit: http://www.coca-colacompany.com/stories/the-story-of-the-coca-cola-bottle/

Coca Cola Bottle


An Introduction to Intellectual Property Law

October 12, 2015

Below is a recent presentation that addresses common questions concerning intellectual property law, and explaining as why intellectual property (IP) is usually the most valuable asset for businesses. The presentation gives information about patents, trademarks, copyrights, and trade secrets. It provides information about how to obtain IP protection, how long the registration process lasts, associated costs, and who can typically handle the registration process. In addition, there is a discussion of foreign IP protection as well as how long you receive protection for each form of IP. The presentation also gives information on how to do an initial knockout trademark search as well as the trademark process in the United States including intent-to-use (ITU) based, use based, Paris Convention based, and Madrid Protocol trademark applications. There is discussion on specimens and the post-registration process for trademarks as well as a discussion of IP licensing and IP as it relates to operation agreements, employment agreements, and third-party supplier agreements. In addition, there is a discussion about nondisclosure agreements (NDAs) and franchising law. The presentation can be downloaded here.


Bill McKenna Speaks with University of Dayton Engineering Students

October 7, 2015

On October 6, Bill McKenna spoke with engineering students completing their senior design projects as part of the engineering program at the University of Dayton. Bill’s talk covered a high level overview of intellectual property as well as an understanding of the various aspects of patent law they are likely to encounter in their careers, including the process for obtaining patents, understanding the patents of others, and designing around or invalidating patents to clear new products. The program was sponsored by the Intellectual Property Law Section of the University of Dayton School of Law.


International Symposium on Intellectual Property Financing

June 27, 2015

Chuck Schmal recently traveled to Hanoi and Ho Chi Minh City in Vietnam to participate in the International Finance Corporation of the World Bank Group’s International Symposium on Intellectual Property (IP) Financing. The purpose of the symposium was to provide background information on how intellectual property can be used as collateral by banks when financing businesses. The symposium also discussed various financing practices related to IP valuation for early stage companies as well as large businesses. The presentation provides some background information about intellectual property as related to businesses and how the intellectual property can be used as a security interest or collateral for obtaining financing for businesses. The presentation can be downloaded here.


May 2015 Administrative Estoppel Presentation

June 24, 2015

The following presentation provides an overview of administrative estoppel and its preclusive effects in relation to intellectual property cases. The presentation can be downloaded here.


Woodard Attorney Featured in The Indiana Lawyer Article on Law Firm Apps

November 7, 2014

As a law student, Matthew Gardlik wanted to keep a copy of Black’s Law Dictionary nearby for quick reference, but he didn’t want to lug the massive tome from class to class. So he did what many smartphone and tablet users do: He found an app for that, downloaded it and always had the dictionary handy whenever he had a question.

Gardlik, now an associate at Woodard Emhardt Moriarty McNett & Henry LLP, is using the same idea to create the firm’s first app, which will have the current laws on intellectual property, like patents and trademarks, as well as the Code of Federal Regulations. See the full article published in The Indiana Lawyer here.


Liz Shuster Sworn in as President of the Intellectual Property Section of the Indiana State Bar Association

October 11, 2013

Today, Liz Shuster was sworn in as the next President of the Intellectual Property Section of the Indiana State Bar Association.  The section helps to “foster and advance the profession of intellectual property law” among other goals.  Congratulations, Liz.

 Liz Shuster is a partner at Woodard, Emhardt, Moriarty, McNett & Henry LLP and assists clients with obtaining protection for their intellectual property by securing patents, trademarks, and copyrights. She enjoys helping clients implement strategies to protect their intellectual property.


Woodard Honored in Managing Intellectual Property IP Handbook

May 15, 2013

Woodard Emhardt Moriarty McNett & Henry LLP is pleased to announce that it has distinguished itself by earning an honored placement in Indiana as a Highly Recommended Intellectual Property Law Firm in the Managing Intellectual Property IP Handbook.  In addition, partners Spiro Bereveskos, Daniel J. Lueders, and Charles P. Schmal are ranked as IP Stars in Indiana.  The rankings are based on comprehensive surveys conducted during 2012 by a team of researches who sought responses from thousands of practitioners by phone, fax, email, and in face-to-face meetings.


Chuck Schmal Participates in Game Developer Panel

November 8, 2012

Woodard Emhardt partner Chuck Schmal served as a panelist for the 2012 Indiana Video Game Developers Business/Game Design Panel, which was held on November 3rd.  Other panelist included multimedia and game developers from around Indiana, including Plow Digital, Tethys Interactive, Rapture Studios, Uncaged Games, and Puca Studios. Chuck primarily discussed the legal aspects of various forms of intellectual property and how they impact the video game industry and game development studio practices.

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