Andrew M. Nevill

Thank you – Ask An IP Attorney at the Library

September 22, 2021

We were proud to be a part of the Ask an IP Attorney program hosted by The Indianapolis Public Library’s Patent & Trademark Resource Center and the Indianapolis Bar Association’s Intellectual Property Section. Our team enjoyed answering questions related to patents, trademarks, copyrights and other intellectual property matters and appreciated the opportunity to serve the greater Indianapolis community.


Join Us – Ask An IP Attorney Event at the Central Library

September 15, 2021

The Indianapolis Bar Association’s Intellectual Property Section and the Central Library, a designated Patent & Trademark Resource Center by the U.S. Patent & Trademark Office, are hosting an Ask-An-IP Lawyer event on Monday, September 20, 2021. Blake Hartz, Mike Morris and Andrew Nevill will be on hand to answer questions and help inventors and/or entrepreneurs who need assistance with or have questions about patents, trademarks and other IP related issues. For more information about this free event, please visit: Indianapolis Public Library 


Happy World Intellectual Property Day

April 26, 2021

Monday, April 26 is World Intellectual Property Day, a day to celebrate and learn about the role that intellectual property rights play to encourage and facilitate innovation and creativity.  Originally created by the World Intellectual Property Organization (WIPO) in 2000, World IP Day is celebrated on April 26 to mark the anniversary of the WIPO Convention becoming law in 1970.

The theme for this year’s World IP Day is IP & SMEs: Taking your ideas to market, celebrating the many small and medium-sized enterprises (SMEs) across the world.  There are over 30 million SMEs in the United States alone, and each of these businesses starts with an idea.  Intellectual property is a useful tool that SMEs can use to spur business development and to provide protection to the ideas and innovations that they have worked so hard to develop.  Patents, trademarks, and copyrights may serve as an important source of value for SMEs; however, many SME owners may be unaware that IP protection is available to them or lack the time and resources to address these issues.  The celebration of World Intellectual Property Day seeks to bring attention to the importance of intellectual property and provides an opportunity to raise awareness to how the different tools of the IP system may be used to the advantages of SMEs and all business owners.  For more information from the World Intellectual Property Organization, click here.

If you are interested in learning more about how intellectual property can protect your innovations, please contact one of our attorneys.


Supreme Court Finds Google’s Copying of API to be Fair Use

April 20, 2021

The Supreme Court has decided in favor of Google in a copyright case that pitted the software company against Oracle, the owner of the popular Java programming language.  When creating its Android platform for smartphones, Google copied about 11,500 of declaring code from the Java SE application programming interface (API) that allows programmers to use prewritten computing tasks to write their own programs.  The Federal Circuit had found Google guilty of copyright infringement, but the Supreme Court reversed, holding that Google’s copying of the code was fair use.

Declaring code acts as an organizational structure for the programs of the API and serves as a sort of dictionary that gives names to each of these programs.  Underlying implementation code is then used to instruct the computer how to actually execute the task that is called for by the declaring code.  Google wrote its own implementation code, but copied a portion of the Java SE declaring code. Therefore, programmers who were already familiar with the language used for Java would not have to learn a new language for at least some of the programs offered in the Android platform.

Although Google asked for the Supreme Court to decide whether declaring code was even copyrightable, the Court declined to answer this question.  Instead, the Court based its decision on the doctrine of fair use.  Because computer programs always serve a functional purpose, the Court stated that fair use is an important consideration for determining the scope of copyright protection for computer programs.  The declaring code in particular has a functional purpose that is inherently bound together with uncopyrightable ideas and new creative expression.  For this reason, declaring code is further from the core of copyright than other types of computer code, such as the implementing code.

In finding for fair use, the Supreme Court stated that Google’s use of the copied declaring code was transformative, as Android was built for smartphones while Java is typically used for laptops and desktops.  The Court also found that Google’s use was a reimplementation of the Java declaring code.  Google took only what was necessary to allow programmers to use their existing knowledge of Java and to use their talents in a new and transformative platform.

This decision suggests that courts should grant a generous view on fair use to developers of APIs and interoperable computer programs.  To read the entire opinion, click here.


The firm congratulates Andrew M. Nevill on his promotion to partner

January 19, 2021

Andrew joined the firm as an associate in August 2013, focusing his practice on patent and trademark prosecution and litigation. Prior to joining the firm, he gained valuable experience as a research assistant focusing on computational fluid dynamics and the study of combustion properties of solid fuel rockets. He also worked in patent research and competitive analysis for a major health and nutrition company. Drawing from these experiences, he understands the importance of protecting intellectual property assets and the challenges companies face in bringing new technologies to market.

The firm congratulates our newest partner and looks forward to building on Woodard Emhardt’s 140 plus years of protecting and defending client’s creative and intellectual assets.


Obtaining and Enforcing Patents and Trademarks for Flavor Burst

October 15, 2020

Flavor Burst is a leading manufacturer of flavor and candy delivery equipment for frozen confections. The company designs and manufactures self-serve dispensing systems that increase a restaurant and retail establishments’ menu flavor offerings for soft service ice cream, shakes, slushies, frozen coffee, smoothies, frozen carbonated beverages, and frozen cocktails. Since Flavor Burst released its first product in 1992, it has expanded to more than 40 countries worldwide.

Flavor Burst executives have worked with the Woodard firm for decades to obtain and enforce patents and trademarks for its unique flavor blending and dispensing systems, syrups, mixes, and candies. Recently, Woodard attorneys Mike Morris and Andrew Nevill helped Flavor Burst prepare and file new patent applications on the next generation of flavor blending and dispensing systems that will increase efficiency for restaurants and retail establishments and provide patrons with even more enjoyable products.

For more information on Flavor Burst Company, please visit: https://www.flavorburst.com/


Study Shows that Recent Guidance Documents Published by USPTO Regarding Subject Matter Eligibility are Proving Effective in Reducing Uncertainty

June 18, 2020

The United States Patent and Trademark Office (USPTO) recently published a study titled “Adjusting to Alice” that provides the results of an examination of patent examination outcomes after the Supreme Court’s decision in Alice. This study found that recent efforts by the USPTO to provide greater clarity to issues regarding subject matter eligibility have been effective in decreasing uncertainty. To access a link to the study and read the full article, visit: IndyBar

Woodard Emhardt Celebrates World IP Day

April 22, 2020

Sunday, April 26 is World Intellectual Property Day, a day to celebrate and learn about the role that intellectual property rights play to encourage and facilitate innovation and creativity.  Originally created by the World Intellectual Property Organization (WIPO) in 2000, World IP Day is celebrated on April 26 to mark the anniversary of the WIPO Convention becoming law in 1970.

The theme for this year’s World IP Day is Innovate for a Green Future, highlighting innovation that supports eco-friendly technologies and the IP rights that support that innovation.  Intellectual property is used in many different aspects of the effort to create a cleaner, more environmentally friendly future.   Patents, trademarks, and copyrights support the development and growth of businesses and individuals that are committed to environmental sustainability.

If you are interested in learning more about how intellectual property can protect your innovations, please contact one of our attorneys.


Changes in USPTO Rules Due to the Coronavirus Outbreak

April 6, 2020

The United States Patent and Trademark Office has made several temporary rules changes in response to the coronavirus outbreak. These rule changes include:

Extension of patent and trademark related deadlines. On March 31, the USPTO announced extensions to the time allowed to file certain patent and trademark related documents and to pay certain required fees. This extension adds an additional 30 days for the due date for most responses to USPTO notices that are due between March 27, 2020 and April 30, 2020 as long as the filing is accompanied by a statement that the delay in filing or payment was due to the coronavirus outbreak. An acceptable reason for delay could be office closure, cash flow interruption, inaccessibility of files, travel delays, illness, or any other similar circumstance. A full list of the types of actions for which an extension is available can be found at the USPTO website at https://www.uspto.gov/sites/default/files/documents/Patents%20CARES%20Act.pdf for patents and https://www.uspto.gov/sites/default/files/documents/TM-Notice-CARES-Act.pdf for trademarks.

USPTO offices closed to the public. Until further notice, all USPTO offices have been closed to the public. However, all USPTO operations continue to function without interruption. All examiner interviews, oral hearings in front of the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB), and other in-person meetings are being conducted solely by video or by telephone.

Waiver of petition fees. The USPTO considers the coronavirus outbreak to be an “extraordinary situation” for patent and trademark applicants, patentees, and trademark owners under the Code of Federal Regulations. Therefore the USPTO has waived petition fees in certain situations for customers that have been impacted by the coronavirus. These petition fees that have been affected include petitions to revive for patent applicants or patent owners who were unable to timely reply to a USPTO communication which resulted in the application being abandoned. Additionally, the USPTO is waiving the petition fee to revive for trademark applications and registrations that were abandoned, canceled or expired due to an inability to timely responds to an Office communication as a result of the effects of the coronavirus outbreak.

Waiver of original handwritten signature requirement. The USPTO has waived the requirement of an original handwritten signature for correspondence relating to: registration to practice before the USPTO in patent cases, enrollment and disciplinary investigations or disciplinary proceedings, and payments by credit cards where the payment is not being made via the USPTO’s electronic filing system.


Andrew Nevill Completes Opportunity Indianapolis Program

September 11, 2019

Andrew Nevill and his Opportunity Indianapolis Alumni spent two days exploring Indianapolis and learning about a range of community issues facing the greater Indianapolis community — such as education, public safety, growth of the city’s center — and the people working on them.

Opportunity Indianapolis is a program of Leadership Indianapolis, an organization dedicated to the development of community leaders that can address and solve the issues and opportunities facing our growing metro area. Leadership Indianapolis was founded on the belief that strategic community leadership can increase the vitality, strength, and sustainability of Indianapolis.

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