Charles P. Schmal

Partners Dan Lueders and Chuck Schmal were officially announced as members of the Global IP Star rankings in the May edition of Managing Intellectual Property IP Stars 2018/19. IP Stars is the leading specialist guide to IP firms and practitioners worldwide. Managing IP has been researching and ranking firms since 1996. This research has expanded over the years, with more than 80 jurisdictions now covered, making it the most comprehensive and authoritative analysis of the industry. The guide is viewed each month by over 25,900 users from 142 jurisdictions online, and the print versions are sent to over 10,000 IP Practitioners globally each year.

Congratulations, Dan and Chuck!

Are you a bird lover? This one is for you!

On Tuesday, Carmel-based Mr. Canary Co. released a revolutionary product on the Home Shopping Network (HSN). Mr. Canary has been selling their bird feeders through major retailers since 1995.

Mr. Canary touts the invention as merely TV dinners for birds, which is a maintenance-free avenue to enjoy backyard birds. Basically, premium bird seed is sealed in single-use and eco-friendly trays, which slide into a permanent bird feeder. Bonus being: users don’t have to worry about hauling bird seed bags to the backyard and the cleanup is simple. The system ranges from $34.99 to $39.99.

Sisters Jan Long and Chris Mowery bought the Mr. Canary brand in 1995. By 2013, Mr. Canary products were being sold in Kmart, WalMart and Kroger stores across the nation. Ace Hardware signed on in 2014, as well.

Chuck Schmal of Woodard, Emhardt, Moriarty, Mc Nett & Henry LLP, along with Long worked together to secure a patent on the Bird Buffet System (US 9,686,968).

For more information, please refer to: https://www.ibj.com/articles/68556-carmel-based-mr-canary-to-debut-on-home-shopping-network?utm_source=ibj-daily&utm_medium=newsletter&utm_campaign=2018-04-26

The August 2017 patent prosecution lunch featured a discussion of the recent United States Patent and Trademark Office (USPTO) report concerning patentable subject matter. In addition, the availability of Computer Based Training (CBT) for e-Petitions was highlighted. A summary of a recent case concerning the broadest reasonable interpretation standard for means-plus-function limitations (IPCom v. HTC) was presented. Recent updates for Brazil’s proposed extraordinary solution for its patent application backlog problem and Canada’s promise doctrine were provided. Download the presentation here.

The March 2017 patent prosecution lunch featured a discussion of a recent change to the deadline for requesting examination for a patent application in the United Kingdom (UK). In addition, a recent Federal Circuit case, Phigenix, Inc. v. ImmunoGen, in which the Federal Circuit held that a petitioner lacked standing to an appeal an adverse final decision in an Inter Partes Review (IPR) was covered. A summary of a recent case concerning obviousness (In re van Os), which requires an examiner to provide a rationale behind a conclusion that a particular combination would have been “intuitive” in an obviousness rejection, was provided. The presentation may be downloaded here.

The February 2017 patent prosecution lunch featured a discussion of issues related to the United States Patent and Trademark Office’s (USPTO) Web-Based Issue Fee From (Web 85b). In addition, a recent case concerning university sovereign immunity to Inter Partes Review (IPR) proceedings was discussed (Covidien LP v. University of Florida Research Foundation Inc.). The latest USPTO patentable subject matter guidelines for business methods were also discussed. The presentation may be downloaded here.

The January 2017 patent prosecution lunch featured a discussion of the conclusion of the Post-Prosecution Pilot (P3) Program and information concerning the relatively recent eMod Text Pilot Program. An update is provided as to the impact of Brexit on the European Unitary Patent and Unitary Patent Court (UPC) initiatives. Other presentation topics included potential changes in United States Patent and Trademark Office (USPTO) personnel in light of the upcoming presidential inauguration and recent deadline changes in India for placing the application in condition for grant. The presentation may be downloaded here.

Woodard, Emhardt partner Chuck Schmal was sworn in today, January 18th, as a member of the Indianapolis Bar Association Board of Directors. He will be serving throughout 2017 as a Vice President working together with other dedicated members of the IndyBar leadership to strengthen the Indianapolis legal community and expand its positive impact in the community. Congratulations Chuck!

The September 2016 patent prosecution lunch featured a discussion of the new capability of obtaining copies of patent assignments online. Other topics included a discussion of the Financial Manager system now available at United States Patent and Trademark Office (USPTO) and the future possibility of a new authentication option for EFS-Web and Private PAIR. In addition, the USPTO’s recent request for comments concerning leveraging electronic resources for retrieving information from other applications and the Office of Inspector General (OIG) Report concerning examiners’ time and attendance were discussed. There was also a discussion of a new European Union (EU) Court of Justice ruling (GS Media v. Sanoma) concerning hyperlinking to infringing copyrighted works. The presentation may be downloaded here.

The August 2016 patent prosecution lunch featured a discussion of the new Automated Interview Request (AIR) program at the United States Patent and Trademark Office (USPTO). Other topics include a review of the new Authorization for Internet Communication form (PTO/SB/439) and recent changes to the Accelerated Examination program. The presentation concluded with a discussion of options and strategies for responding to Final Office Actions without having to resort to filing a Request for Continued Examination (RCE) by utilizing the Request for Pre-Appeal Brief Review, After Final Consideration Pilot Program 2.0 (AFCP 2.0),or Post Prosecution Pilot (P3) processes. The presentation may be downloaded here.

The July 2016 patent section of the prosecution lunch featured a discussion the newly introduced Post-Prosecution Pilot (P3) program. Other topics included end-to-end e-filing at the Patent Trial and Appeal Board and authorizing internet communications in a patent application. The presentation concluded with a demonstration of the website examiner.ninja, which provides free statistical information about USPTO examiners. The presentation may be downloaded here.