Webinars

Past Webinars


  • Recorded Webinar from July 24, 2014

Presented by Steven G. Parmelee and Nicholas T. Peters

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Are Abstract Technological Advances Patentable? Go Ask Alice,” presented by Steven G. Parmelee and Nicholas T. Peters. The webinar will take place on Thursday, July 24, 2014, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

As amply suggested by the many opinions offered by the Court of Appeals for the Federal Circuit’s en banc decision in Alice v CLS Bank, in recent times, assessing patent claims for patent eligibility under 35 U.S.C. 101 has seemed to entail uncertainty. The recent decision of the U.S. Supreme Court in Alice confirmed that uncertainty, but in holding a financial software-related patent not patent-eligible, did the Supreme Court lead us out of the darkness and into the light?

During this webinar, we will discuss the following:

  • A brief recounting of recent precedent and administrative guidelines addressing patent eligibility
  • A review of the immediate precedential gestation of the Alice decision
  • How Alice makes some things clear
  • Whether we are any closer to understanding what is unduly “abstract”
  • What content those drafting patent applications can add to their claims to increase the patent eligibility of a claim that may include abstract subject matter

Our speakers will be Fitch Even partners Steven G. Parmelee and Nicholas T. Peters. Steve has extensive experience in complex patent preparation and prosecution in the U.S. and abroad, and has assisted clients with global patent portfolio management, freedom-to-operate issues, complex litigation, and transactions for over 35 years. In his wide-ranging IP practice, Nick uses his litigation and USPTO experience combined with his technical background in physics, electrical engineering, and mechanical engineering to assist his clients in securing and protecting their IP assets.

 

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  • Recorded Webinar from June 26, 2014

Presented by Eric L. Broxterman and Paul B. Henkelmann

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Joint Infringement and Indefiniteness After Limelight and Nautilus,” presented by Eric L. Broxterman and Paul B. Henkelmann. The webinar will take place on Thursday, June 26, 2014, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

On June 2, 2014, the U.S. Supreme Court issued two opinions that continue the Court’s trend of decisions unfavorable to patentees. In Limelight Networks v. Akamai Technologies, the Supreme Court reversed a divided Federal Circuit that had held a party may be liable for inducement of infringement despite the lack of a single direct infringer. As a result, where the performance of a patented method can be divided between two or more actors, infringement may be avoided. 

In Nautilus Inc. v. Biosig Instruments Inc., the Court held that the Federal Circuit’s application of its “insolubly ambiguous” standard for claim indefiniteness “breeds lower court confusion” and held that a patent is invalid for indefiniteness if its claims fail to inform with reasonable certainty those skilled in the art about the scope of the invention. 

These cases have important implications for businesses, patentees, and practitioners.

During the webinar, we will discuss the following and more:

  • Brief overview of joint infringement and indefiniteness precedent
  • The Limelight and Nautilus opinions and holdings
  • Implications of the Limelight and Nautilus decisions
  • Practical considerations going forward
Our speakers are Fitch Even attorneys Eric L. Broxterman and Paul B. Henkelmann. Eric has a broad-based intellectual property law practice, with a particular emphasis on litigation. He counsels clients in a variety of industries on patent prosecution, infringement/invalidity opinions, IP transactional issues, and IP procurement. Paul focuses his practice on patent litigation, patent procurement, and IP counseling. He has substantial experience in both asserting and defending against patent infringement claims in the federal courts. 

A recording of this webinar will be available to view until June 25, 2015.

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  • Recorded Webinar from May 29, 2014

Presented by Jared E. Hedman

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Octane Fitness and Highmark: The Supreme Court’s New Standard for Finding a Patent Infringement Case ‘Exceptional,’” presented by Jared E. Hedman. The webinar will take place on Thursday, May 29, 2014, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

On April 29, in two cases, Octane Fitness LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc., the U.S. Supreme Court issued opinions that significantly alter the Federal Circuit’s rigid standards for establishing and appealing an exceptional case and a related award for attorneys’ fees. The Court’s decisions arguably both ease the requirements necessary for the grant of attorneys’ fees and make it more difficult to challenge a district court’s decision on appeal. As such, the two decisions immediately impact litigation strategies for both pending and contemplated patent infringement cases.       

During the webinar, we will discuss the following and more:

  • A review of exceptional case and attorney fee-shifting precedent
  • The Octane Fitness and Highmark opinions and holdings
  • The effects of the decisions—who is potentially impacted and how

Our speaker will be Fitch Even partner Jared E. Hedman. Jared is a trial lawyer who, in addition to a wide range of patent infringement litigation, has represented clients in intellectual property disputes involving breach of contract, trade secrets, and copyright ownership. 

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  • Recorded Webinar from April 30, 2014

Presented by Karl R. Fink

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, "Intellectual Property as Business Asset: Where Is the Value and How Do You Find It?", presented by Karl R. Fink. The webinar will take place on Wednesday, April 30, 2014, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT. 

The constantly changing landscape of intellectual property law is dizzying, but the answer to the fundamental question of where is the value of intellectual property—and how do you find it—is always at the back of our minds. This presentation will review, considering the current state of the law, where the value of intellectual property is found, or not found, and will provide suggestions on determining whether a business, or its products and services, could benefit from intellectual property protection. 

During the webinar, we will discuss these topics and more: 

  • What do patents, trademarks, trade secrets, and copyrights protect? 
  • What kinds of intellectual property are valuable, and why? 
  • What kinds of enterprises realize substantial economic value from intellectual property, and why? 
  • How do you determine whether a product or service should be protected with intellectual property? 

Our speaker will be Fitch Even partner Karl R. Fink. Karl has been a trial lawyer since 1981, handling hundreds of lawsuits in state and federal courts across the country. His practice includes all aspects of intellectual property litigation, creation, management, enforcement and licensing, with particular emphasis on patent litigation. 

 

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  • Recorded Webinar from March 20, 2014

Presented by Thomas F. Lebens

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Trade Secret Implications of the America Invents Act: Can the Coca-Cola® Formula Now Be Patented?”, presented by Thomas F. Lebens. The webinar will take place on Thursday, March 20, 2014, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

As we pass the one-year anniversary of full implementation of the America Invents Act (AIA), we mark a year of significant changes to the practice of patent law. However, seldom discussed are the profound effects of the AIA on patent law’s sibling—trade secret law. This presentation will explore the AIA from the perspective of the trade secret owner when contemplating whether to patent an invention or to hold its development as a trade secret.

During the webinar, we will

  • recount the pre-AIA relationship between trade secret law and patent law,
  • summarize and contrast AIA provisions defining prior art, and
  • explore how the decision to patent (or not) made today by the trade secret owner may differ from the pre-AIA decision.

Our speaker will be Fitch Even partner Thomas F. Lebens. Since 1991, Tom has focused his practice on the preparation and prosecution of patent, trademark, and copyright applications, including appeals, post-grant review, and interferences. He also regularly assists clients with sophisticated IP and business strategy, infringement and validity analysis and opinions, licensing issues, and IP portfolio development and management.
 

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  • Recorded Webinar from February 27, 2014

Presented by Steven G. Parmelee

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Configured to”—Patent Claim Friend or Foe?, presented by Steven G. Parmelee. The webinar will take place on Thursday, February 27, 2014, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST.

The number of issued U.S. patents having at least one independent claim that includes the phrase “configured to” has increased six-fold since the year 2000. But what does that expression really mean? To date, most of the time the Patent Trial and Appeal Board (PTAB) gives full weight to the features characterized by that expression. In a minority of decisions, however, the Board holds otherwise. What makes the difference? And in a recent decision by the U.S. Court of Appeals for the Federal Circuit, Chief Judge Rader argued that no patentable weight need be given to claim expressions that describe how a device is configured to perform a particular task. Has the PTAB been wrong most of the time?

During this webinar we will address these topics and more:

  • A brief history of “configured to”
  • A brief related history of functional claim language
  • Possible substitutes for “configured to”
  • Possible drafting solutions to avoid bad results with “configured to”

Our speaker will be Fitch Even partner Steven G. Parmelee. For over 35 years, Steve has assisted clients with global patent portfolio management, freedom-to-operate issues, complex litigation, and transactions. Having prepared well over 1,000 U.S. patent applications, he has extensive experience in complex patent preparation and prosecution in the U.S. and abroad.

 

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  • Recorded Webinar from January 23, 2014

Presented by Sherri N. Blount and Nicole L. Little

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, "Advertising and Promotions: Basic Legal Principles in Today's Fast-Paced Digital World," presented by Sherri N. Blount and Nicole L. Little. The webinar will take place on Thursday, January 23, 2014, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST.

Although today's marketplace is bursting with opportunities to advertise and promote through more social media outlets and mobile apps than most people can keep track of, the same basic legal principles apply to advertising and promotions today as they did 50 years ago, albeit with a few new rules and exceptions. This webinar will provide an overview of the legal principles you should keep in mind whether advertising or promoting in print or digitally. We will discuss the following topics and more:

  • A brief synopsis of claim substantiation, disclosures, comparative claims, and endorsements
  • A summary of lottery law, consideration, sweepstakes rules, and contests
  • Important considerations that apply specifically to digital advertisements and promotions, such as 
    • complying with the law when running your promotion on popular social media platforms
    • making sure your dot-com disclosures are accessible and understandable 

Our speakers will be Fitch Even partner Sherri N. Blount and attorney Nicole L. Little. Sherri has extensive experience as a transactional and regulatory attorney whose practice focuses on the intersection of intellectual property, media, and advertising and promotions law. Nikki divides her practice between IP litigation and transactional work. In addition to patent prosecution and clearance and opinion work, she counsels clients on the IP issues that arise in corporate advertising, marketing, and promotions.

 

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  • Recorded webinar from November 21, 2013

Presented by Paul B. Henkelmann

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Patent Law Primer Post-AIA: Do We Still Need to Keep Lab Notebooks?" presented by Paul B. Henkelmann. The webinar will take place on Thursday, November 21, 2013, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST.

The America Invents Act (“AIA”), the most significant reform to U.S. patent law in decades, is now in full effect. While many fundamentals of patent law remain intact, the AIA instituted numerous changes to the law of patentability and patent enforceability that have important practical implications for businesses, inventors, patent applicants, patent owners, and patent practitioners.

One significant change to patent priority law is the determination of who has the right to receive a patent; under the AIA, the U.S. patent system changed from a “first-to-invent” system to a “first-to-file” system. As a result, a patent applicant can no longer “swear behind” a prior art reference by showing that the applicant invented the subject matter of an invention first. Does this mean that keeping lab notebooks or other proof of inventive activities is no longer necessary? 

During this webinar, we will cover these topics and more:

  • Protection provided by patents
  • Reasons for acquiring patent protection
  • Requirements for receiving a patent
  • An overview of the AIA
  • Practical implications of the AIA
  • Best practices for patent applicants going forward

Our speaker will be Fitch Even attorney Paul B. Henkelmann. Paul focuses his practice on patent litigation, patent procurement, and intellectual property counseling. He has substantial experience in both asserting and defending against patent infringement claims in the federal courts, while remaining active in procuring and managing international IP portfolios. Paul has worked with a broad range of mechanical and electrical technologies, ranging from complex automotive technology to sporting goods.
 

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  • Recorded Webinar from October 24, 2013

Presented by Timothy R. Baumann

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Inter Partes Reviews (IPRs): Lessons from the First Year,” presented by Timothy R. Baumann. The webinar will take place on Thursday, October 24, 2013, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

One of the new procedures instituted by the Leahy-Smith America Invents Act (AIA) is the inter partes review (IPR). The IPR is a recently instituted post-issuance procedure before the Patent Trial and Appeal Board that purposefully introduces litigation-type aspects into a patent office setting. Under the terms of the AIA, a determination of the validity of claims of a patent will be reached within one year after an inter partes review is initiated.

During this webinar, we will discuss these IPR topics and more:

  • Background information concerning IPRs
  • Estoppel consequences of IPRs
  • Limited discovery aspects of IPRs
  • Motion practice
  • Claim amendments
  • Parallel litigation considerations such as stays

Our speaker will be Fitch Even partner Timothy R. Baumann. Tim has extensive experience assisting clients in the acquisition, protection, and management of all forms of intellectual property, particularly through complex patent prosecution and through the preparation of infringement and validity opinions, reexamination proceedings, and patent licensing agreements. Tim’s substantial litigation experience includes motion practice, taking and defending depositions, discovery practice, and trial work. At present, Tim is engaged in an active IPR (one of the very first filed). 
 

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  • Recorded webinar from September 26, 2013

Presented by Joseph F. Marinelli and David A. Gosse

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “On-Sale Bars Under the America Invents Act: Avoiding Pitfalls.” The webinar will take place on Thursday, Sept. 26, 2013, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

For inventors, patent owners, and accused infringers, some of the most critical changes introduced by the Leahy-Smith America Invents Act (“AIA”) were made to the heart of the patent statute, 35 U.S.C. §102, covering novelty and priority. Depending on how courts interpret the AIA’s new §102, there may be changes to a fundamental novelty doctrine: the on-sale bar. Under pre-AIA law, §102(b) barred patentability for an invention that was sold or offered for sale more than one year before the inventor applied for a patent, even if the sale or offer was kept secret from the public. In one interpretation of the AIA’s §102, only public sales or offers for sale would trigger an on-sale bar. The debate is ongoing, but the practical outcome will be significant to inventors and litigants alike.

During this webinar, we will discuss these topics and more:

  • The on-sale bar under pre-AIA law
  • The language of the AIA’s §102 and potential interpretations related to the on-sale bar
  • Whether the legislative history of the AIA sheds light on the issue
  • How the USPTO has interpreted the on-sale bar under the AIA
  • Best practices to cope with an unclear future

Our speakers will be Fitch Even attorneys Joseph F. Marinelli and David A. Gosse. Joe has a diverse intellectual property law practice covering all aspects of IP creation, management, enforcement, and licensing, with a particular emphasis on complex litigation. Dave’s practice includes invention and patentability analysis, patent drafting and prosecution, with a special focus on IP litigation. 

 

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  • Recorded webinar from July 31, 2013

Presented by David M. Kogan

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Patent-Eligible Subject Matter Considerations After CLS Bank and Ultramercial,” presented by David M. Kogan. The webinar will take place on Wednesday, July 31, 2013, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT. 

The Court of Appeals for the Federal Circuit recently issued a much-anticipated en banc decision for CLS Bank v. Alice Corp, addressing the requirements for patent eligibility under 35 U.S.C. § 101. The en banc opinion held that the method and computer-readable medium claims were not directed to eligible subject matter under §101. The opinion appeared to indicate agreement that what is needed is “a consistent, cohesive, and accessible approach to the §101 analysis,” but the 10-member en banc panel clearly disagreed on the correct approach, issuing seven different opinions and “reflections.” Even more recently, in Ultramercial v. Hulu, a three-member panel of the Federal Circuit concluded that the claims were patent-eligible subject matter under §101, but appeared to disagree on the rationale for this conclusion. 

During this webinar, we will review and discuss the following topics and more: 

  • Statutory basis for patentable subject matter and notable Supreme Court decisions
  • An overview of In re Bilski and its impact on the definition of patentable subject matter 
  • CLS Bank: Summary and implications on the test of patent-eligible subject matter  
  • Ultramercial: Does the first post-CLS Bank Federal Circuit case offer help?

Our speaker is Fitch Even attorney David M. Kogan. A registered patent attorney, David has substantial experience in both patent prosecution and litigation, handling matters relating to mechanical, chemical, pharmaceutical, and software technologies. David also counsels clients on worldwide IP portfolio management, strategic development, and licensing. 
 

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  • Recorded Webinar from June 27, 2013

Presented by Mark A. Borsos

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Understanding the Limits of Your Patent: An Overview of Claim Construction for Prosecution and Litigation,” presented by Mark A. Borsos. The webinar will take place on Thursday, June 27, 2013, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

Claim construction often takes center stage in patent litigation. The interpretation of specific claim terms affects many of the key issues determined afterward, including infringement and validity, and in some cases is dispositive. The interpretation of claim terms can also help determine the outcome of issues such as inequitable conduct and inventorship. Consequently, it is important to consider different ways in which claim terms can be construed early on in litigation, and even during drafting and prosecution of the patent application. 

We will review and discuss the following topics and more:

  • Types of evidence considered during the claim construction process
  • Claim construction concerns during patent drafting
  • Thinking ahead to litigation during patent prosecution
  • U.S. Patent and Trademark Office consideration of interpretation-based arguments
  • Common claim construction pitfalls
  • Recent questions regarding deference to the district court’s claim interpretation

Our speaker is Fitch Even partner Mark A. Borsos. Mark has comprehensive litigation experience in discovery, summary judgment briefing, pretrial preparation, settlement negotiations, and trial. Mark’s practice also includes patent preparation and prosecution, with a unique focus on U.S. Patent and Trademark Office reissue and reexamination patent proceedings. He is skilled at taking patents through reissue and reexamination to advance licensing and litigation objectives.
 

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  • Recorded Webinar from April 25, 2013

Please join Fitch, Even, Tabin & Flannery LLP and IPVision for a complimentary webinar, “Disruptive Technologies and Patents: A Case Study of Graphene,” presented by Steven G. Parmelee and Alex Butler. The webinar will take place on Thursday, April 25, 2013, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

A one-atom-thick sheet of carbon atoms arranged in a regular hexagonal pattern, graphene has earned headlines (e.g., “Graphene: Wonder Material of the 21st Century”) as frequent and breathless as normally staid scientific reporters ever permit. The 2010 Nobel Prize in Physics, enormous government and private sector investments, and countless articles, research papers, and grants have sparked an avalanche of patent filings. Published U.S. filings, for example, increased tenfold over a short five-year window.

This webinar will address the following topics:

  • Patenting behaviors that anticipated room-temperature superconductors
  • A deep dive into the statistics of graphene patenting to date
  • Patenting options available to those currently working in the graphene field
  • What those not (yet) working in the graphene field need to know

Our speakers are Fitch Even partner Steven G. Parmelee and Alex Butler, Executive Vice President of IPVision. Steve is a patent attorney with over 30 years of experience and is a published author on white-space inventing. Alex has spent over 15 years advising organizations in creating unique patent strategies across numerous technology areas. 
 

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  • Recorded Webinar from March 21, 2013

Presented by Edward E. Clair

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, "How to Get the Most Out of Design Patents," presented by Edward E. Clair. The webinar will take place on Thursday, March 21, 2013, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

With the impending dramatic U.S. Patent and Trademark Office fee increases, many consumer product suppliers may opt for pursuing relatively less-expensive design patent protection over utility patents. In view of this, it is more important than ever for suppliers to know how to get the most out of their design patents. To that end, this webinar will cover the following topics and more:

  • Creative and innovative strategies for maximizing the strength of a design patent portfolio 
  • Recent rulings related to design patent law in the U.S. and the strategic import of same
  • The impact of the upcoming International Design Application on design patent programs
  • Cost and other considerations regarding national vs. community applications
  • The relationship of design patents to nontraditional trademarks (e.g., product configuration marks) and the costs, benefits, and risks of each

Our speaker will be Fitch Even partner Edward E. Clair. Ed advises clients on all aspects of domestic and foreign patents, trademarks, copyrights, advertising, trade secrets, and unfair competition, including contracts and other transactional work, prosecution, litigation, and opinion work.
 

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  • Recorded Webinar from February 27, 2013

Presented by Jeffrey A. Chelstrom

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, "America Invents Act First-to-File Changes: What Happens Now?" presented by Jeffrey A. Chelstrom. The webinar will take place on Wednesday, February 27, 2013, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST. 

New first-to-file rules under the America Invents Act (AIA) take effect on March 16. As this date approaches, it will behoove applicants to review pending invention disclosures and to determine the risks and benefits of filing under the old law versus the new law. During this program, we will explore the changes soon to come and their impact on prosecution strategy going forward. Patent prosecutors and litigators need to be aware of potential pitfalls when drafting, prosecuting, and analyzing applications in the future. 

We will review and discuss the following topics and more:
  • A summary of prior art rules and the limited grace period under the new first-to-file rules 
  • The unintended effects that new claims or amendments may have on existing applications
  • Continuation and continuation-in-part applications under the new law
  • Strategic filing considerations as March 16 approaches
  • Questions raised by the AIA that we may need to wait for the courts to answer

Our speaker will be Fitch Even partner Jeffrey A. Chelstrom. Jeff has extensive experience in writing and prosecuting patent applications for various technologies including chemical, materials, and mechanical arts. He leverages several years of experience as a chemical engineer along with his legal expertise to help keep his clients and their IP assets protected and secure. 
 

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  • Recorded Webinar from January 31, 2013

Presented by Alisa C. Simmons

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, "A Recap of Top 2012 TTAB Decisions," presented by Alisa C. Simmons. The webinar will take place on Thursday, January 31, 2013, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST.

In 2012, the Trademark Trial and Appeal Board (TTAB) issued several precedential decisions concerning topics such as TTAB discovery and trial procedure, standing to bring a claim before the TTAB, using web pages as specimens of use for goods, as well as dilution and likelihood of confusion. The Federal Circuit also affirmed a TTAB decision on dilution in the case Coach Services, Inc. v. Triumph Learning, LLC, which emphasizes the higher standard of proof required to show that a mark is famous for dilution purposes.

This webinar will provide a recap of these 2012 decisions, arming you with helpful insight into the TTAB’s recent rulings on issues relevant to protecting and registering your marks with the U.S. Patent and Trademark Office and asserting your marks in TTAB proceedings. We will consider the following issues and more:

  • The stringent showing necessary to prove fame for dilution purposes before the TTAB
  • Consequences of not updating initial disclosures before trial
  • Proving lack of bona fide intent to use a mark
  • Standing to bring actions before the TTAB
  • Using web pages as displays associated with goods to support use of a mark on goods

Our speaker will be Fitch Even attorney Alisa C. Simmons. Alisa focuses her practice on U.S. and foreign trademark prosecution, trademark litigation, and brand selection. She also provides counsel on copyright registration and enforcement, advertising review, and sweepstakes and promotions. In addition, Alisa handles matters involving unfair competition and domain name counseling and dispute resolution.
 

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  • Recorded Webinar from November 28, 2012

Presented by Jared E. Hedman

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, "In re MSTG, Inc.: The Discoverability of Patent Infringement Settlement Negotiations," presented by Jared E. Hedman. The webinar will take place on Wednesday, November 28, 2012, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST.

On April 9, 2012, the Federal Circuit considered a patent holder's attempt to fashion a new privilege to protect patent litigation settlement negotiations from discovery. The Federal Circuit refused to create the "settlement negotiation privilege," and also refused to disturb the district court's order to compel production relating to past litigation settlement negotiations. However, although patent litigation settlement negotiations are not protected from discovery per se, the In re MSTG case and other related cases demonstrate that the discoverability of settlement negotiations is not a cut-and-dried issue.

This webinar will discuss the In re MSTG decision and related topics, including these:

  • The relevance of patent settlement negotiations to later assertions of infringement
  • How previous settlement negotiations should be treated in later assertions of infringement
  • Approaching patent infringement settlement negotiations with an eye toward discoverability

Our speaker will be Fitch Even partner Jared E. Hedman. Jared is a trial lawyer who, in addition to a wide range of patent infringement litigation, has represented clients in intellectual property disputes involving breach of contract, trade secrets, and copyright ownership.
 

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  • Recorded Webinar from October 23, 2012

Presented by Steven G. Parmelee

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “Continuation-in-Part Patent Application Practice—When Good Parents Go Bad,” presented by Steven G. Parmelee. The webinar will take place on Tuesday, October 23, 2012, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

Patent practitioners and their clients often view and apply continuation practice in the U.S., including the filing of continuations-in-part, in generous ways. Continuation-in-part (CIP) applications, however, can give rise to significant procedural concerns that many practitioners regularly neglect to acknowledge. The results can range from unnecessarily shortened patent lifetimes to wasted time, effort, and treasure in the form of dead-on-arrival CIP applications.

This webinar will address the following topics:

  • An overview of continuation practice and the corresponding basic requirements
  • The priority dates that apply to a CIP
  • When a parent application can become prior art against its own CIP offspring
  • The many possible faces of a “parent” (including PCT publications, foreign publications, USPTO publications, etc.)
  • The “continuous disclosure” requirement
  • CIP impact on patent term
  • Strategic considerations and practices (including selective use of provisional applications and requests to not publish pending applications in the U.S.)

Our speaker will be Fitch Even partner Steven G. Parmelee. For over 35 years, Steve has assisted clients with global patent portfolio management, freedom-to-operate issues, complex litigation, and transactions. Having prepared well over 1,000 U.S. patent applications, he has extensive experience in complex patent preparation and prosecution in the U.S. and abroad. Steve is also a published author and a frequent speaker on intellectual property topics.
 

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  • Recorded Webinar from September 13, 2012

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “AIA Provisions Effective September 16, 2012: Inventor’s Oath or Declaration, Supplemental Examination, and More,” presented by Nada J. Ardeleanu. The webinar will take place on Thursday, September 13, 2012, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

Further provisions of the Leahy-Smith America Invents Act (AIA) go into effect on September 16, 2012. Over the past several weeks, the U.S. Patent and Trademark Office has issued rules governing some of the new AIA procedures. In this webinar, we will pick up where our August 23 webinar left off and discuss more of the final rules and implementation of AIA provisions including these, among others:

  • New requirements and filing considerations for the inventor’s oath or declaration
  • How assignments can be used as an oath or declaration
  • How and when a patent owner may request a supplemental examination
  • How the immunity to inequitable conduct is applied upon such a request

Our speaker will be Fitch Even attorney Nada J. Ardeleanu, who focuses her law practice primarily on foreign and domestic patent preparation and prosecution, IP litigation, opinion and clearance work, due diligence, and international IP protection. Nada counsels clients ranging from large corporations to small businesses and start-ups working in industries that include food processing and packaging, pharmaceuticals, medical devices, chemical processing, and mechanical engineering.
 

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  • Recorded Webinar from August 23, 2012

Presented by Amanda Lowerre O'Donnell

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “Third-Party Pre-Grant Prior Art Submissions Under the America Invents Act,” presented by Amanda L. Lowerre. The webinar will take place on Thursday, August 23, 2012, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

Further provisions of the Leahy-Smith America Invents Act (AIA) go into effect on September 16, 2012. In the past several weeks, the U.S. Patent and Trademark Office (USPTO) has issued rules governing some of the new AIA procedures. In this webinar, we will discuss some of the final rules and implementation of these provisions of AIA, including

  • the expanded opportunity for a third party to file prior art submissions into a pending application, and whether such submissions might be a desirable option for you or your client;
  • the expanded rules permitting citation of prior art in a patent file under section 301; and
  • how you or your competitors might use the new AIA provisions in pending applications and issued patents.

Last week, the USPTO issued additional rules governing post-grant review, the inventor’s oath or declaration, supplemental examination, inter partes review, and covered business method review provisions. These new rules will also go into effect on September 16. During our webinar, we will examine some of these additional AIA provisions as well.

Our speaker will be Fitch Even attorney Amanda L. Lowerre, who focuses her IP law practice primarily on patent prosecution, licensing, and business methods, with an emphasis on mechanical technologies. Amanda helps clients leverage their IP assets by developing global prosecution strategies that fit with each company’s needs and goals.
 

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  • Recorded Webinar from June 21, 2012

Presented by Joseph F. Marinelli

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “In re Baxter: Challenging Patent Validity in the District Courts and by Reexamination in the USPTO—Two Bites at the Apple?” presented by Joseph F. Marinelli. The webinar will take place on Thursday, June 21, 2012, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

As discussed during Fitch Even’s February webinar, reexamination proceedings in the U.S. Patent and Trademark Office (USPTO) are increasingly used as an alternative or adjunct to litigating validity in the federal courts. On May 17, 2012, in In re Baxter International, Inc., the Federal Circuit affirmed the USPTO’s rejection during reexamination of patent claims as “obvious” under 35 U.S.C. §103(a). Significantly, this decision came after the Federal Circuit had already affirmed a California U.S. District Court’s finding that the same patent claims were not invalid. The Federal Circuit squared the seemingly inconsistent conclusions on several bases, the most significant of which is that a lower burden of proof applies in USPTO reexaminations than in the district courts.
  
This webinar will discuss the In re Baxter decision and related topics, including these:

  • The differing burdens of proof in the USPTO and the district courts
  • How these different burdens of proof can result in varying conclusions regarding patent validity
  • The concepts of res judicata and estoppel as applied to reexaminations of patents, including post-grant proceedings under the America Invents Act of 2011
  • The practical implications of In re Baxter on litigation

Our speaker will be Fitch Even partner Joe Marinelli, who has a diverse intellectual property law practice covering all aspects of IP creation, management, enforcement, and licensing, with a particular emphasis on complex litigation.
 

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  • Recorded Webinar from May 23, 2012

Presented by Alison Aubry Richards

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “Inequitable Conduct After Therasense: Materiality and the Intent to Deceive in Aventis Pharma S.A. v. Hospira, Inc.,” presented by Alison Aubry Richards. The webinar will take place on Wednesday, May 23, 2012, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

On April 9, 2012, for the first time after the Therasense decision, the Federal Circuit affirmed a finding of inequitable conduct in Aventis, signifying that inequitable conduct based on failure to cite prior art to the U.S. Patent and Trademark Office is still a viable patent infringement defense.

Inequitable conduct has long required both intent to deceive and materiality. Prior to the May 2011 decision in Therasense, the Federal Circuit had generally applied a low standard for intent and a broad view of materiality. The Federal Circuit’s decision in Therasense changed these standards for inequitable conduct, making it far more difficult to prove. First, the Federal Circuit required specific knowing and deliberate intent to deceive. Second, Therasense raised the materiality standard, requiring “but-for” materiality. In Aventis, the Federal Circuit affirmed a finding of inequitable conduct for the first time since Therasense.

This webinar will address these topics and more:

  • How to defend against an inequitable conduct defense;
  • How to maximize the chances of a successful inequitable conduct defense; and
  • How to avoid inequitable conduct as a prosecuting attorney, before and during litigation.

Our speaker will be Fitch Even partner Alison Aubry Richards. Alison is a trial attorney in the firm’s litigation group and focuses her practice on patent and copyright litigation. She graduated from Harvard Law School in 2003.
 

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  • Recorded Webinar from April 25, 2012

Presented by Joseph T. Nabor

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “Trademark Protection Strategies in Social Media,” presented by Joseph T. Nabor. The webinar will take place on Wednesday, April 25, 2012, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT. 

Eight years ago, Facebook did not yet exist. Today, there are an estimated 400 million users who share more than 5 billion pieces of content including photos, notes, and links every week. There are upwards of 1.5 million businesses with active pages on Facebook, and more than 20 million people become fans of various pages each day. And that’s just Facebook; there are also LinkedIn, Twitter, Google+, Pinterest, and other forms of social media to consider.

All this activity can be a brand manager’s dream come true—or a trademark holder’s nightmare. To help sort out some of the most important issues, this webinar will explore the following topics:

  • Exposure of trademarks on social media sites
  • Monitoring and enforcement against trademark infringement on social media sites
  • Creating a social media policy
  • Using social media in litigation support
  • Ethics issues in social media

Our speaker will be Fitch Even partner Joseph T. Nabor. Joe oversees Fitch Even's Trademark and Copyright practice group and has extensive experience in both domestic and international trademark prosecution, as well as litigation. He also regularly counsels clients on brand development strategies, including securing trademark rights throughout the world, and assists with the enforcement and protection of rights developed under the copyright laws of all international jurisdictions.
 

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  • Recorded Webinar from March 21, 2012

Presented by Steven G. Parmelee

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “Provisional Patent Applications: Making Substance in a Land Without Form,” presented by Steven G. Parmelee. The webinar will take place on Wednesday, March 21, 2012, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT. 

The first-to-invent impact of the America Invents Act requires a serious reevaluation of the use and content of provisional patent applications. Because many clients may wish to use this filing approach more often, this webinar sets out to instruct and empower various parties, from inventor to patent attorney, to prepare and file provisional patent applications that are long on quality and short on costly overtures to form.

U.S. provisional patent applications have few requirements of form. One could, for example, file a copy of the proverbial dinner napkin upon which the inventor scribbled the details of an idea. It is therefore possible to submit provisional patent applications for very little cost. Is it possible, however, to achieve substantive parity with traditional patent application drafting techniques while avoiding costly matters of form when preparing a provisional application? Our webinar will cover such factors, addressing these topics and more:

  • The job of a provisional patent application
  • The bare minimum
  • Value-added content
  • What not to include
  • How many inventions to include
  • Filing strategies

Our speaker will be Fitch Even partner Steven G. Parmelee. For over 35 years, Steve has assisted clients with global patent portfolio management, freedom-to-operate issues, complex litigation, and transactions. Having prepared well over 1,000 U.S. patent applications, he has extensive experience in complex patent preparation and prosecution in the U.S. and abroad.
 

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  • Recorded Webinar from February 22, 2012

Presented by Joseph E. Shipley

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “Patent Reexaminations in Parallel with Litigation,” presented by Joseph E. Shipley. The webinar will take place on Wednesday, February 22, 2012, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST.

Reexamination proceedings in the U.S. Patent and Trademark Office (USPTO) are increasingly used as an alternative or adjunct to litigating validity in the federal courts. As reexamination procedures grow in popularity, it is becoming more and more important for patent attorneys to understand the factors that should be considered in deciding whether to seek reexamination. Our February webinar will cover these factors in depth, addressing the following topics and more:

  • Objectives: What can be achieved in reexamination and what cannot
  • Current statistics on outcomes
  • Associated risks
  • Associated costs
  • Time frames
  • Reexamination options
  • Alternatives to reexamination

We will also briefly discuss two new USPTO procedures that will become available on September 16, 2012--Post-Grant Review and Inter Partes Review--and will compare and contrast these with the current procedures. The webinar will conclude with an interactive question and answer session.

Our speaker will be Fitch Even partner Joseph E. Shipley. For over 25 years, Joe has assisted clients with global patent portfolio management, freedom-to-operate issues, complex litigation, and transactions. He has extensive experience in both U.S. and international work involving patent prosecution and post-issuance challenges in reexaminations and other proceedings. Joe’s practice focuses on first understanding clients’ business issues, then developing and executing creative IP strategies to address the clients’ needs in a highly efficient manner.


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  • Recorded Webinar from January 19, 2012

Presented by Kenneth W. Hairston

Fitch, Even, Tabin & Flannery LLP welcomes you to a complimentary webinar, “The USPTO’s Recent Changes to Appeal Practice: What, When, How, and Why,” presented by Kenneth W. Hairston. The webinar will take place on Thursday, January 19, 2012, at 9:00 am PDT/ 10:00 am MDT/ 11:00 am CDT/ 12:00 noon EDT.

During this program, attendees will learn about the immediate effects the new USPTO rules will have on practice before the Board of Patent Appeals and Interferences (the “Board”). For one example, these new rules will apply to all appeals in which a notice of appeal is filed on or after January 23, 2012.

Topics to be reviewed and discussed during this presentation will include these:

  • Reasoning behind some of the mandatory briefing requirements of the old Board rules
  • Reasoning behind the changes made to the new Board rules
  • Significant amendments to the new Board rules
  • Significant deletions made to the old Board rules
  • How the new Board rules will impact future appeals before the Board
  • Observations about the new rules, and recommendations concerning use of the new rules


The webinar will conclude with an interactive question and answer session.

Our speaker is Fitch Even counsel Kenneth W. Hairston. Mr. Hairston has provided intellectual property law counsel for over 37 years, including 23 years serving as an Administrative Patent Judge at the Board of Patent Appeals and Interferences at the USPTO. Drawing upon the insight and extensive experience gained from his judicial work, Mr. Hairston currently counsels clients in complex patent prosecution matters and patent office appeals, as well as administrative post-patent grant challenges, including ex parte reexaminations.
 

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  • Recorded Webinar from December 14, 2011

Fitch, Even, Tabin & Flannery welcomes you to a complimentary webinar, "Collection, Review, and Production of Your Client’s Electronic Information," presented by Shane Delsman. The webinar will take place on Wednesday, December 14, 2011, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST.  

The e-discovery stage of collecting, reviewing, and producing your client’s electronically stored information (ESI) can be shaped by many factors, including the Federal Rules of Civil Procedure and the Federal Rules of Evidence. Although e-discovery can and often does involve massive amounts of information, the proper use of e-discovery tools can minimize the time and expense associated with collecting, reviewing, and producing such information.

This webinar will review and discuss the following topics and more:

  • Collecting ESI for further use in the e-discovery process
  • Processing collected ESI, including reducing the volume and converting formats to facilitate review
  • Reviewing ESI for relevance and privilege
  • Producing ESI for others in appropriate forms and storage media
  • How the Federal Rules affect the above procedures
  • Some example methodologies for collecting, processing, and producing ESI

The program will conclude with an interactive Q&A session.

Our speaker is Fitch Even attorney Shane Delsman. Shane has a wide-ranging intellectual property law practice that includes IP litigation, opinion counseling, and patent prosecution, with significant experience in e-discovery matters. He has previously presented and moderated presentations on e-discovery for Fitch Even and the IP Committee of the Chicago Bar Association. E-discovery generally takes place after a litigation hold has been put in place to preserve electronic evidence. More information can be found by accessing Shane's previous Fitch Even webinar on "Litigation Holds" on the Fitch Even webinars page.
 

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  • Recorded Webinar from November 17, 2011

Presented by Jeffrey A. Chelstrom

Fitch, Even, Tabin & Flannery welcomes you to a complimentary webinar, "The Leahy-Smith America Invents Act: A Further Look into First-to-File," presented by Jeffrey A. Chelstrom. The webinar will take place on Thursday, November 17, 2011, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST.  

During this program, we will explore the future conversion of the U.S. patent system from a first-to-invent to a first-to-file system. In this major revision of the U.S. patent laws, Congress has replaced rather than revised Section 102, leaving only a few similarities to the old Section 102. Although this particular change does not take effect until March 16, 2013, it will have a dramatic effect on developing a patent strategy that inventors, companies, IP practitioners, and their clients all need to understand in order to effectively manage and develop a patent portfolio under the new laws.

This webinar will review and discuss the following topics and more:

  • The “effective filing date” of a patent application
  • Changes to Section 102 on Novelty and to Section 103 on Obviousness
  • New definitions of prior art
  • The narrowed grace period
  • Other exceptions to the first-to-file rules
  • Exemplary scenarios applying the new Section 102

The program will conclude with an interactive Q&A session.

Our speaker is Fitch Even partner Jeffrey A. Chelstrom. Jeff has extensive experience in writing and prosecuting patent applications for various technologies including chemical, materials, and mechanical arts. He leverages several years of experience as a chemical engineer along with his legal expertise to help keep his clients and their IP assets protected and secure.
 

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  • Recorded Webinar from October 4, 2011

Presented by Nicholas T. Peters

Fitch, Even, Tabin & Flannery welcomes you to a complimentary webinar, "The Leahy-Smith America Invents Act: A First Look," presented by Nicholas T. Peters. The webinar will take place on Tuesday, October 4, 2011, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.  

During this program, attendees will learn about the immediate effects that the newly signed America Invents Act has on current U.S. patent laws—important changes that IP practitioners and their clients need to know about now. The webinar will focus primarily on the portions of the Act that are already in effect or will be in effect in the near term. 

The issues discussed will include these and more:

  • Restrictions in the joinder of multiple defendants in patent litigation
  • Enactment of the prior commercial use defense to a patent infringement claim
  • Restrictions in the ability to make false marking claims
  • Providing the ability to virtually mark
  • Establishment of a “micro entity” for fee payment purposes at the U.S. Patent and Trademark  Office (USPTO)
  • Change in the standard to initiate an inter partes reexamination
  • Establishment of the prioritized examination procedure at the USPTO

We will also briefly preview changes that will take effect in 2012 and 2013, including new patent-challenging procedures at the USPTO after patent issuance and making the transition from a "first to invent" system to a "first inventor to file" system.

Our speaker is Fitch Even partner Nicholas T. Peters. Mr. Peters has a wide-ranging intellectual property litigation practice, with a specialty in USPTO matters. He uses his litigation and USPTO experience combined with his technical background in physics and engineering to assist his clients in securing and protecting their IP assets.  
 

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  • Recorded Webinar from September 21, 2011

Presented by Nicholas T. Peters

Fitch, Even, Tabin & Flannery welcomes you to a complimentary webinar, "Matching Patent Prosecution to Your Business Goals," presented by Nicholas T. Peters. The webinar will take place on Wednesday, September 21, 2011, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.  

During this webinar, attendees will learn valuable lessons on how to navigate the United States Patent and Trademark Office (USPTO) and how the process of obtaining a patent can be strategically tailored to an applicant's specific business objectives.

The presentation will cover these topics and more:

  • How patent application drafting need not be "one size fits all" with respect to breadth, cost, and strategy
  • How USPTO procedures and rules affect patent prosecution speed and results
  • How different approaches to patent filing and prosecution strategies can be matched to a given business goal
  • A look ahead at proposed USPTO programs that may further an applicant’s ability to advance a particular business goal

In addition, attendees will hear about approaches to foreign patent filing, in connection with the above topics. The webinar will conclude with an interactive Q&A session.

Our speaker is Fitch Even partner Nicholas T. Peters. Mr. Peters has a wide-ranging intellectual property litigation practice, with a specialty in USPTO matters. He uses his litigation and USPTO experience combined with his technical background in physics, electrical engineering, and mechanical engineering to assist his clients in securing and protecting their intellectual property assets.
  

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  • Recorded Webinar from August 31, 2011

Presented by Christine Abuel Pompa

Fitch, Even, Tabin & Flannery welcomes you to a complimentary webinar, "Litigation Holds: The First Step in Preventing Spoliation of Electronically Stored Information (ESI)," presented by Christine A. Pompa and Shane Delsman. The webinar will take place on Wednesday, August 31, 2011, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

The webinar will focus on spoliation—one of the biggest pitfalls faced by litigants and their attorneys—and how the use of carefully drafted litigation hold letters can help to reduce its likelihood.

Specific topics covered during this presentation will include

  • What is meant by the term "spoliation," and what its consequences are
  • What is meant by the term "ESI," and where it can be found
  • What a litigation hold is, when a hold is necessary, to whom it should be distributed, and what it should say
  • Methods to preserve ESI, and other ways to prevent spoliation

In addition, the presenters will share a number of practice tips, and will conclude with a Q&A session with attendees.

Our speakers are Fitch Even attorneys Christine A. Pompa and Shane Delsman. Ms. Pompa is an experienced intellectual property litigator who has been recognized in Illinois Super Lawyers - Rising Stars for 2010 and 2011. Mr. Delsman has a wide-ranging intellectual property law practice that includes IP litigation, opinion counseling, and patent prosecution, with significant experience in e-discovery matters.
 

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  • Recorded Webinar from July 19, 2011

Presented by Edward E. Clair

Fitch, Even, Tabin & Flannery welcomes you to a complimentary webinar, "Intellectual Property Concerns and Best Practices for Clients Having Products Manufactured in Asia," presented by Edward E. Clair. The webinar will take place on Tuesday, July 19, 2011, at 9:00 am PDT/10:00 am MDT/11:00 am CDT/12:00 pm EDT.  

The webinar will explore intellectual property concerns that domestic clients often face when having products designed, developed, and/or manufactured in Asia and will provide you with practice tips for protecting intellectual property and for addressing concerns that can arise when manufacturing products in Asia. 

The following topics (and more) will be discussed:

  • U.S. laws and regulations regarding the exportation of ideas, products, and processes to foreign countries (even when these items are intended for importation back into the U.S.)
  • How best to protect intellectual property before exporting anything to Asia   
  • How best to address concerns that often arise after exporting items to Asia, but before the client has pursued IP protection for same

A number of possible scenarios involving patents, trademarks, copyrights, and U.S. Customs will be presented as examples. The seminar will conclude with a Q&A session with attendees.

Our speaker is Fitch Even partner Edward E. Clair, who has extensive experience in protecting clients' intellectual property both domestically and abroad, in particular for entities who manufacture products in Asia and require assistance with both procurement and enforcement of such intellectual property globally.
 

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  • Webinar from June 29, 2011

Presented by Jon A. Birmingham

Fitch, Even, Tabin & Flannery welcomes you to a complimentary webinar, "Protection by Design: A Comparison of U.S. and European Design Protection," presented by Jon A. Birmingham. The webinar will take place on Wednesday, June 29, 2011, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 pm EDT.

This webinar will delve deeply into concepts relating to protecting designs in the U.S. and Europe from a U.S. perspective and will provide you with the information you need to understand many important differences between obtaining and enforcing U.S. design patents and European Registered Community Designs.

The following topics (and more) will be discussed: 

  • Determining the scope of a U.S. design patent application
  • Filing U.S. design patent applications claiming priority to European   Registered Community Designs
  • Enforcement of U.S. design patents post-Egyptian Goddess
  • Comparison of U.S. design patent application processes with European Registered
  • Community Designs processes
  • Comparison of U.S. design patent enforcement with European  Registered Community Designs enforcement, including differences in available relief

In addition, some simple examples and practice tips will be incorporated into the seminar. The webinar will conclude with a Q&A session with attendees.

Our speaker is Fitch Even partner Jon A. Birmingham. Jon has extensive experience in writing and prosecuting patent applications and enforcing patents for various technologies, including design patents.
 

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  • Recorded Webinar from June 9, 2011

Presented by Allen E. Hoover

Fitch, Even, Tabin & Flannery welcomes you to a complimentary webinar, "Are You Liable for Your Customer's Patent Infringement?" presented by Allen E. Hoover. The webinar will take place on Thursday, June 9, 2011, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 pm EDT.

Are you liable for your customer’s infringement? If your customers are accused of patent infringement, you may find yourself in court, facing an assertion of liability as an indirect infringer. If you are an attorney advising a client on infringement issues, be aware that a number of recent developments have affected the law in this area.

This webinar will provide an introduction to the law of indirect infringement in the United States, and will provide practical guidance to managing the risks of indirect infringement. Topics discussed will include

  • Traps for the unwary
  • Steps to take when confronted with an issue of indirect infringement
  • The impact of recent court decisions    

The seminar will conclude with a Q&A session with the presenter.

Our speaker is Fitch Even partner Allen Hoover. Since 1993, Mr. Hoover's practice has focused on patent litigation and other complex patent matters. He has first- and second-chair trial experience in a substantial number of patent lawsuits. In addition, Mr. Hoover regularly manages patent portfolios for clients in a broad spectrum of technologies, and frequently counsels clients on patent infringement risks and other IP-related issues.
 

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  • Recorded Webinar from March 30, 2011

Presented by Christine Abuel Pompa

On March 30, 2011, Fitch, Even, Tabin & Flannery hosted a webinar on "Social Media and Litigation." Topics covered included these:

  • How social media can be useful in discovering information about an opposing party
  • Tips on minimizing potential risk from your own social media use
  • The current state of the law with respect to evidentiary and ethical issues relating to social media

Although this webinar is no longer available for viewing, if you have questions regarding social media as it relates to litigation, please contact Fitch Even partner Christine A. Pompa.
 

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  • Recorded Webinar from March 1, 2011

Presented by Steven G. Parmelee

On March 1, 2011, Fitch Even hosted "Inventorship: How to See Through This 'Muddiest Concept . . . of the Patent Law,'" presented by Steven G. Parmelee. The webinar explored the concept of “inventorship” and provided information needed to understand how to make satisfactory determinations of this very fundamental inquiry. The following topics (and more) were discussed:

  • Statutory considerations
  • Inventorship tests
  • Proving inventorship
  • Assessing inventorship at the time of filing
  • Assessing inventorship post-filing
  • Correcting inventorship 
This webinar is no longer available for viewing, but if you have questions regarding the topic of inventorship, we invite you to contact Fitch Even partner Steven G. Parmelee.
 

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