The MIPLA Education Committee is delighted to bring you a complimentary live CLE webinar on Thursday, November 9th, 2023, from 11:30 AM to 1:30 PM. This two-hour webinar will feature two one-hour topics.
2.0 standard CLE credits have been applied for.
11:30 AM-12:30 PM
Patent Marking: Legal Standards and Practical Issues
Learn about the ins and outs of patent marking in a lively presentation packed with real-world examples. Marking is simple enough in concept but there are a surprising number of nuances and practical challenges for implementation. Also, the America Invents Act (AIA) reshaped numerous aspects of marking that continue to reverberate. For instance, virtual marking was introduced with the AIA and there is now a growing body of court decisions clarifying what kinds of virtual marking practices are sufficient and what kinds are not. Counsel for patentees will learn about best practices for advising patentees about marking. Counsel for accused parties will also learn about ways to challenge the sufficiency of alleged marking and requirements to assert false marking. Attendees of all stripes should learn something they hadn’t considered before about patent marking and gain a better understanding of lingering gray areas.
About the Speaker: Austen Zuege is a Patent and Trademark Attorney and Officer at Westman, Champlin & Koehler law firm. He practices intellectual property (IP) law in prosecution, transactional, and litigation settings, including patent, trademark, copyright, trade secret, and domain name dispute matters.
In re Cellect: Implications and Terminal Disclaimer Strategy
On August 28, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in In re Cellect, a patent case that answered a longstanding question regarding the relationship between Obvious-Type Double Patenting (“ODP”) and Patent Term Adjustment (“PTA”). The court held that “ODP for a patent that has received [Patent Term Adjustment], regardless whether or not a terminal disclaimer is required or has been filed, must be based on the expiration date of the patent after PTA has been added.” The Federal Circuit’s decision will likely change prosecution practice and may cause applicants to preemptively file terminal disclaimers in continuation applications, even in the absence of an ODP rejection, to protect the continuation from being invalidated later on the grounds of ODP.
About the Speakers: Tong Wu is a Partner at Merchant & Gould in the firm’s Minneapolis office. Tong practices intellectual property law, with an emphasis on patent portfolio planning and procurement, infringement and validity assessment, and technology transfer. He also has extensive experience in intellectual property right dispute resolution. Matthew Metcalfe is an Associate Attorney who practices patent prosecution at Merchant & Gould in the firm’s Denver office.
The registration deadline is November 8, 2023.
The Zoom link will be sent out prior to the program.