Midwest Intellectual Property Summit

October 2011 Newsletter

November 4, 2011

   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.

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  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. 

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  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.

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  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.

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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.

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 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.

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 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

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  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!

 


 

  


2011 Midwest Intellectual Property Summit

September 23, 2011

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

The morning session will offer an overview of the key federal court decisions from the past 12 months and an in-depth report on Indiana’s trade secret laws. Occasional copyright filers will benefit from an update and recommendations concerning the Copyright Office’s online filing procedures and new forms. Litigators and prosecutors of trademarks alike will find the presentation concerning survey best practices useful for advising clients and winning cases.

The afternoon session will include a discussion of drafting advice specific to the rapidly expanding field of agriculture and biotech patenting in the U.S. and foreign countries. Of particular interest to litigators, the Summit’s afternoon session will also feature practical tips and strategies to provide litigators with an edge in preparing for trial, including winning strategies for presenting to a jury based on the latest jury research in patent cases.

Following these presentations, panelists with experience litigating in the much-maligned, yet perennially popular, federal district court in the Eastern District of Texas will share their perspectives on how to navigate the procedures unique to this jurisdiction. The panelists will also share their insights on those litigation and settlement arrangements best suited to this court and its juries. If you ever wondered how you would respond if you got the call “we’ve been sued in the Eastern District of Texas, now what?”, then this is your chance to collect an arsenal of options and invaluable insights.

Register online today to take advantage of this exciting opportunity. Alternate locations via group webcasts are available as well. (6.25 Total CLE Units, 1.0 of which may be applied toward Ethics).