Matthew M. Gardlik

Indiana Super Lawyers, Rising Stars 2021 Includes Seven Woodard Attorneys

February 25, 2021

Woodard, Emhardt, Henry, Reeves & Wagner, LLP congratulates our attorneys who have been selected for inclusion in the 2021 Indiana Super Lawyers® and Rising Stars lists. The Super Lawyers list recognizes outstanding attorneys who are selected using a patented, multiphase process that considers factors such as peer recognition, professional achievement and high ethical standards. No more than 5% of the attorneys in Indiana receive this honor each year. Attorneys named to the Rising Stars list are selected using the same process, with the exception that only those who are 40 years old or younger or who have been in practice for 10 years or less are eligible. No more than 2.5% of the attorneys in the state are named to the Rising Stars list.

2021 Indiana Super Lawyers:

• Spiro Bereveskos – Intellectual Property Litigation
• Thomas Q. Henry – Intellectual Property
• Daniel J. Lueders – Intellectual Property Litigation
• Charles P. Schmal – Intellectual Property

2021 Indiana Rising Stars:
• Matthew M. Gardlik, Ph.D. – Intellectual Property Litigation
• Blake R. Hartz – Intellectual Property Litigation
• Michael M. Morris – Intellectual Property


Woodard, Emhardt, Henry, Reeves & Wagner, LLP Announces Name Change and Promotes Three to Partnership

January 7, 2019

The Firm is pleased to announce that Charles Reeves and Vincent Wagner have been recognized as named partners of the firm, which has changed its name to Woodard, Emhardt, Henry, Reeves & Wagner, LLP.  Woodard Emhardt also congratulates Matthew Gardlik, Ph.D., Joshua Astin and Blake Hartz who have been elected to the firm’s partnership and is pleased to share that John McNett will continue with the firm as Senior Counsel.

The firm name change recognizes Mr. Reeves’ and Mr. Wagner’s significant contributions to the firm and outstanding service and results they have achieved for our clients over the years. Their leadership will help ensure the continued success of the firm which celebrates its 140thAnniversary this year.

Mr. Reeves joined the firm in 1976 and has represented a broad range of clients from individuals and start-up businesses to national and international corporations. His experience includes litigation, domestic and international prosecution, strategic planning and managing IP portfolios, and evaluating validity, coverage and right-to-use issues in connection with opinion, transactional and other business-related work.

Mr. Wagner joined the firm in 1978 and has represented clients in a wide range of matters, including patent, trademark, copyright, and trade secret litigation, patent interference and trademark oppositions, foreign and domestic patent and trademark prosecution, counseling and opinions, mediations and settlement negotiations, and licensing.

Dr. Gardlik is extensively involved in all aspects of patent prosecution and litigation.  He has successfully prepared and prosecuted inventions in a wide variety of technologies including chemical, pharmaceutical, medical device, and diagnostic technologies. His litigation experience includes the successful defense of a retaliatory trade secret misappropriation claim and he continues to represent the plaintiff in the earlier-filed patent infringement suit including in the successful defense of thirteen associated Inter Partes Review proceedings at the USPTO.

Mr. Astin specializes in U.S. and foreign patent preparation and prosecution for a variety of technologies including: tissue engineering, stem cells, implantable medical devices, and genetic sequence listings. His patent experience includes patentability analysis, freedom to operate analysis, as well as licensing and agreement work.

Mr. Hartz focuses his practice on intellectual property litigation in both federal court and administrative proceedings at the USPTO, having represented clients in patent, trademark, and trade secret cases in courts across the country, various trademark opposition/cancellation actions, and more than a dozen patent Inter Partes Review proceedings. He has worked on all stages of disputes, from pre-filing investigations through appeal, and also maintains active patent and trademark prosecution dockets, including serving as U.S. counsel for overseas companies and attorneys.

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


Matthew Gardlik Admitted To ISBA Leadership Development Academy

December 13, 2017

The Indiana State Bar Association (ISBA) today announced the Class of 2018 of its Leadership Development Academy, now entering its seventh year. The lawyers are accomplished legal practitioners who have been admitted to practice for less than 15 years. The Academy is a statewide leadership program established to empower and develop lawyers to be informed, committed and involved so that they may fill significant leadership roles in local and state bar associations, local communities and organizations and to serve as role models in matters of ethics and professionalism.
 
The 25 members will participate in five sessions featuring professional facilitators and prominent speakers from various disciplines to inform participants about leadership principles and techniques, the importance of effective leaders in organizations to maximize efficiency and effectiveness, and the challenges and rewards of leadership in action. The press release is located here.
 


AIPLA Provides Legislative Proposal on Patent Eligible Subject Matter

May 17, 2017

The AIPLA has provided a new Legislative Proposal and Report on Patent Eligible Subject Matter under 35 U.S.C. § 101. This report urges congressional action to overhaul, and indeed expressly overrule the current judicially created framework under section 101 in light of recent jurisprudence from the Supreme Court and other lower Courts applying the new standard.

You can read the full Proposal here.


Magistrate Judge in Eastern District of Texas Adds to the Developing Jurisprudence of Estoppel in the Context of IPRs and 35 U.S.C. § 315.

May 16, 2017

A magistrate judge in the Eastern District of Texas has recommended to the Court on May 11, 2017 that Microsoft be estopped from raising certain defenses at trial stemming from a total of six (6) IPRs filed by Microsoft against the patent owner Biscotti Inc.

Specifically, the magistrate judge states that:

Section 315(e) estops Microsoft from asserting at trial: (1) grounds for which the PTAB instituted IPR and determined those grounds to be insufficient to establish unpatentability after a trial on the merits; (2) grounds included in a petition but determined by the PTAB to not establish a reasonable likelihood of unpatentability (in other words, administrative review on the merits of a ground); and (3) grounds not included in a petition that a “skilled searcher conducting a diligent search reasonably could have been expected to discover.” See, e.g., 157 Cong. Rec. S1375 (daily ed. Mar. 8, 2011) (statement of Senator Jon Kyl); see also Clearlamp, LLC v. LKQ Corp., No. 12 C 2533, 2016 WL 4734389, at *9 (N.D. Ill. Mar. 18, 2016) (adopting the skilled searcher standard). As for the third category, the Court agrees with the Delaware court when it remarked, “extending [Shaw’s] logic to prior art references that were never presented to the PTAB at all (despite their public nature) confounds the very purpose of this parallel administrative proceeding . . . .” Intellectual Ventures I, Case No. 13-CV-00453-SLR, Dkt. No. 559 at 26-27. Finally, Microsoft is not estopped from asserting grounds included in a petition but which the PTAB found redundant or declined to institute review for another procedural reason. See Shaw, 817 F.3d at 1300; HP, 817 F.3d at 1347.

p. 13-14.

Read the full Report and Recommendation here.


Defend Trade Secrets Act of 2016

August 8, 2016

On May 11, 2016, the Defend Trade Secrets Act (“DTSA”) was signed into law. The DTSA creates a federal cause of action that provides civil remedies for the misappropriation of trade secrets. The presentation below provides the definitions of some of the important terms used in the act, and also provides a summary of the type of remedies and damages that may be recovered. To view the presentation, visit: Defend Trade Secrets Act of 2016 from Woodard, Emhardt, Moriarty, McNett and Henry LLP


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.


Dr. Matthew Gardlik Elected Chairman of the Indiana Section of the American Chemical Society

January 30, 2014

Dr. Matthew Gardlik was recently nominated and elected Chairman of the Indiana Section of the American Chemical Society. This three year commitment to the Executive Committee includes roles as Chairman-Elect, Chairman, and Chairman-Emeritus. Matt has been a member and involved with the American Chemical Society for over 10 years. In 2012 Matt was honored with the Catalyst Award by the Cincinnati Local Section of the American Chemical Society for his work with the Cincinnati section.


Federal Government Shutdown Affects the District Court for the Southern District of Indiana

October 9, 2013

This week, the shutdown of the federal government has affected civil cases in the Southern District of Indiana. The Court has issued a rare stay of all pending litigation where the United States, its agencies, officers, or employees are parties. The Court believes that the shutdown “has resulted in the excepted employees in the United States Attorney’s Office to be unable to fully represent the interests of the United States in all of civil litigation pending before this Court.”

This Order does not affect habeus corpus proceedings at the Court.

The Court’s order can be found at the link here.


United States Patent and Trademark Office To Remain Open During Government Shutdown

October 2, 2013

The United States Patent and Trademark office will remain open during the government shutdown that began October 1, 2013. The Office will remain open, using prior year reserve fee collections to operate as usual for approximately four weeks. If the federal government shutdown should continue long enough for the reserve fee collections to be exhausted, the Office will shutdown, although IT infrastructure and other functions would continue to work to accept new applications.

Additionally, the 18th annual Independent Inventor Conference at the USPTO that was scheduled for October 11-12 has been cancelled.