Supreme Court Clarifies Patent Ownership Under Bayh-Dole Act
June 16, 2011
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…
Read MoreA Tougher Standard for Proving Inequitable Conduct?
June 8, 2011
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…
Read MoreWoodard, Emhardt Makes Donation to Improve Patent Searching Terminals at Purdue University
June 2, 2011
Woodard, Emhardt recently made a donation to enhance the PubWEST patent searching terminals at the Siegesmund Engineering library at Purdue University. The PubWEST system is only available to the public at designated Patent and Trademark Depository Libraries (PTDLs) and is…
Read MoreWoodard, Emhardt Hosts Ball State’s Entrepreneurship Program 2011 E-Day
May 6, 2011
Demonstrating our continued support of Indiana’s entrepreneur community, Woodard, Emhardt hosted Ball State University’s Entrepreneurship Program E-Day (“Evaluation Day”) on May 3, 2011. Partners Dan Lueders and Chuck Schmal also participated in E-Day as judges. More information about the event can…
Read MoreBuilding the Strength of Your Trademark
May 4, 2011
So, you can rest easy now that you have a federal trademark registration, right? No! Federal trademark registrations provide many protections and advantages to trademark owners. Nevertheless, even with federal trademark registrations in hand, trademark owners will benefit from active…
Read MoreSeventh Circuit Court of Appeals Proposes New Standards For Awarding Attorneys’ Fees in Trademark Infringement Suits
May 4, 2011
15 U.S.C. §1117(a) allows attorneys’ fees to be awarded to prevailing parties in federal Lanham Act suits (brought primarily for trademark infringement) — but only in “exceptional cases.” So what constitutes an exceptional case? Are the various Circuit courts in…
Read MoreWoodard, Emhardt Law Clerk Reaches National IP Moot Court Competition
April 27, 2011
Woodard, Emhardt law clerk Mike Morris recently participated in the national competition of the Giles Sutherland Rich Intellectual Property Moot Court Competition. Mike’s team won the Chicago regional competition, earning a spot in the national competition for the top 8…
Read MoreUpdate to New Rule for Prioritized Examination
April 22, 2011
We previously reported a new rule issued by the United States Patent and Trademark Office (USPTO) regarding prioritized examination. A copy of this blog posting can be found here. Briefly, this new rule allows an applicant to have a patent…
Read MoreFederal Circuit Hears Oral Arguments in the Myriad Gene Patent Case
April 22, 2011
On April 4, 2011, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in Association for Molecular Pathology, et al. v. USPTO, Myriad Genetics, et al. This case involves the controversial topic of whether human genes qualify…
Read MoreUSPTO Issues Final Rule to Implement Prioritized Examination
April 14, 2011
On April 4, 2011, the United States Patent and Trademark Office (USPTO) issued a final rule regarding prioritized examination (Track I). The purpose of the rule is to provide a final disposition within twelve months of prioritized status being granted. …
Read MoreMaintaining Trademark Rights: Policing and Educational Efforts
April 8, 2011
This presentation discusses the various ways courts have evaluated a trademark owner’s efforts (or lack thereof) to police its mark, as well as efforts that should be taken to prevent a trademark from becoming generic. To view the presentation, visit: Maintaining…
Read MorePartner Dan Lueders Featured in Article About Potential Legislation Expanding IP Protection in Indiana
March 21, 2011
Woodard Emhardt Partner Dan Lueders was recently interviewed for an article in The Indiana Lawyer regarding potential legislation in Indiana which would create a new form of intellectual property protection. The legislation would provide protection for those types of inventions…
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