November 2: The Latest Changes in Copyrights & Trademarks

In 2020, legislation was passed that changes the landscape of trademark and copyright law. Various provisions of the new laws have gone into effect on a rolling basis over the past nearly two years. 

This webinar will give attendees an overview of these legislative updates, their effects, and related case law developments.
During this webinar, the presenter will cover these topics and more:

• The Trademark Modernization Act
• New Mechanisms for Trademark Enforcement
• The Copyright Alternative in Small-Claims Enforcement (CASE) Act
• The Copyright Claims Board.

Our presenter will be Fitch Even partner Danielle K. Muñoz.
Title:
The Latest Changes in Copyrights & Trademarks
When:
November 2, 2023

9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12 noon EDT.
Register Now For This Free Continuing Legal Education Webinar!
Speakers:
Dani Muñoz’s practice focuses on trademark and copyright clearance and prosecution, brand protection, and general IP counseling. She has commercial and trademark litigation experience in federal court and the Trademark Trial and Appeal Board (TTAB), and regularly handles cease-and-desist letters and settlement negotiations.
Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit:
CLE credit has been approved for California and Illinois and is pending in Nebraska. Other states may also award CLE credit upon attendee request. There is no fee to attend, but please note registration is required.

More Information and Registration

July 27: Discretionary Denial and Beyond: Recent Developments in AIA Trial Practice

Since the introduction of inter partes review proceedings in 2012, AIA trial practice has been constantly evolving and the USPTO has signaled that big changes may be ahead. Starting with the USPTO director’s 2022 memorandum issuing guidance on discretionary denial practice and continuing up to the Office’s recent Advance Notice of Proposed Rulemaking, this webinar will give attendees an overview of the latest precedent affecting AIA trial practice from the PTAB and the Federal Circuit, as well as current practice guidance and potential future rulemaking issued by the USPTO.
During this webinar, our presenters will address these topics and more:

• Recent guidance and proposed changes to discretionary denial procedures
• The latest notable decisions from the PTAB and the Federal Circuit affecting AIA trial practice
• A summary of proposed changes to AIA trial practice issued by the USPTO.

Title:
Discretionary Denial and Beyond: Recent Developments in AIA Trial Practice
When:
Thursday, July 27, 2023
9:00 AM - 10:00 AM PDT
Register Now For This Free Continuing Legal Education Webinar!
Speakers:
Fitch Even attorneys Paul B. Henkelmann and Brian P. Herrmann.
Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit:
CLE credit has been approved for California and Illinois and is pending in Nebraska. Other states may also award CLE credit upon attendee request.

More Information and Registration

July 21: AI Is Coming to an Invention Near You

Artificial Intelligence (AI) is everywhere and it’s evolving. AI finds application in virtually every technology and business paradigm. If you haven’t seen it already, AI is coming soon to an invention near you and can be found in a greatly increasing number of patent applications and patent claims.
During this webinar, our presenter will address these topics and more:

• A general explanation of AI and machine learning (ML) in particular
• A statistical overview of ML in US patenting
• A patent eligibility overview of ML claims
• Various approaches to claim drafting
• Practice tips.

Title:
AI Is Coming to an Invention Near You
When:
July 21, 2022

9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12 noon EDT.
Register Now For This Free Continuing Legal Education Webinar!
Speaker:
Fitch Even partner Steven G. Parmelee. Steve has extensive experience in complex patent preparation and prosecution in the U.S. and abroad. He has assisted clients with patent portfolio management, freedom-to-operate issues, and transactions for over 45 years.
Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit:
CLE credit has been approved for California and Illinois and is pending in Nebraska. Other states may also award CLE credit upon attendee request.
Cost:
Free. Registration required.

More Information and Registration

June 30: The Better Part of Valor? Discretionary Institution in PTAB Proceedings

Filing a meritorious petition does not guarantee the Patent Trial and Appeal Board (PTAB) will institute trial in inter partes review (IPR) or post-grant review (PGR) proceedings. Congress allowed that the PTAB “may not authorize” IPR proceedings unless they identify a reasonable likelihood that the petitioner would prevail with respect to at least one of the claims challenged. This leaves the PTAB with discretion over whether to institute if the relevant conditions are present. The PTAB has issued guidance and precedential decisions to help petitioners and patent owners evaluate whether the PTAB should apply its discretion to deny institution.

During this webinar, we will cover these topics and more: How the PTAB exercises its discretion to deny institution in the face of parallel district court proceedings, e.g., in the Western District of Texas “rocket docket” Whether prior reexamination, IPR, PGR, or even prosecution will cause the PTAB to exercise its discretion and deny institution Why the PTAB may or may not deny institution of multiple petitions challenging a single patent

Title:
The Better Part of Valor? Discretionary Institution in PTAB Proceedings

When: 

June 30, 2021
9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12 noon EDT. 

Register Now For This Free Continuing Legal Education Webinar!

Speakers: 

• David A. Gosse, Partner, Fitch Even, represents clients in district court and PTAB litigation, with deposition and courtroom experience in both venues. His diverse IP law practice also includes acquisition of patent rights in the electronic, software, and mechanical fields. Dave currently chairs the American Intellectual Property Law Association PTAB Trial Committee.
• Karen J. Wang, Partner, Fitch Even counsels clients ranging from individual inventors to multinational corporations with patent prosecution, post-issuance proceedings, and patent portfolio development and management. She has notable experience collaborating with foreign counsel in prosecuting both foreign and domestic applications for global clients and has represented clients in inter partes review and oral arguments at the PTAB.

Presented by:
Fitch, Even, Tabin & Flannery LLP 
Credit:
CLE credit has been approved for California and Illinois and is pending for Nebraska. Other states may also award CLE credit upon attendee request.

Cost: Free.

More Information and Registration 

May 20: Design Patents in the U.S. and Japan: Leveraging the Differences in Laws to Maximize Protection

Design patent laws can differ significantly from one country to another. A lack of understanding of these differences can result in not obtaining the broadest patent protection possible. This webinar will provide an overview of the basics of the design patent laws in the U.S. and Japan and then examine how applicants can take advantage of unique opportunities each country’s laws have to offer.
In particular, our presenters will address the following topics:

• Patentability requirements for designs in the U.S. and in Japan
• Best practices for preparing a priority application in one country that is suitable for filing in the other
• Unique filing or prosecution strategies permitted in each country
• Enforcement considerations
• Highlights of Japan’s New Design Act of 2020 and the implications and opportunities for applicants filing secondary applications in Japan. 

Title:
Design Patents in the U.S. and Japan: Leveraging the Differences in Laws to Maximize Protection
When:
May 20, 2021, at 9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12 noon EDT.
Register Now!
Speakers:

• Calista J. Mitchell, Partner, Fitch Even, focuses her practice primarily on complex patent prosecution, both domestic and global, and freedom-to-operate, patent validity, and patentability opinions. She works closely with U.S. and foreign clients to develop global design filing strategies and has filed hundreds of design applications on their behalf. Calista advises clients in a variety of technical fields, including pharmaceutical, biotechnology, and food science, among others. 
• Tomohiro Nakamura, Partner, Konishi & Nakamura, has represented Japanese and international clients in trademark and industrial design protection for over 20 years. Prior to that he worked in the Intellectual Property Division at Toyota Motor Corp., where he prosecuted and enforced trademark and design rights to protect global brands including TOYOTA and LEXUS for 12 years. Tomohiro is a chapter author of the AIPPI book Design Rights: Functionality and Scope of Protection, contributing the chapter on design protection in Japan.

Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit:
CLE credit has been approved for California, Illinois, and Nebraska. Other states may also award CLE credit upon attendee request.
Cost:
Free. Registration required.
More Information and Registration

October 29: Aftermarket, Not Afterthought: Patent Strategies for Protecting Aftermarket Parts

Aftermarket parts for a product such as a vehicle or large machine can provide an important revenue stream for the product manufacturer. Aftermarket parts sales are often highly profitable for the manufacturer, which invites will-fitters to sell their own aftermarket parts. These competing parts may not only negatively impact the manufacturer’s sales, but may cause safety and warranty concerns due to potential quality issues.
This webinar will provide approaches for cost-effectively protecting aftermarket parts, including these tactics: 

• Preparing, filing, and prosecuting patent applications to develop a strong portfolio focused on aftermarket parts
• Integrating business input into the patent life cycle
• Detecting and stopping will-fitters
• Creating non-patent challenges for will-fitters.

Title:
Aftermarket, Not Afterthought: Patent Strategies for Protecting Aftermarket Parts
When:
Thursday, October 29, 2020
9:00 AM - 10:00 AM PDT
Webcast - Register Now!
Speakers:
Our presenters will be Fitch Even attorneys Jonathan H. Urbanek and Jacqueline L. Thompson.
Jon focuses his practice on developing and managing patent portfolios in the U.S. and abroad. He works with each client to create a comprehensive patent strategy through skilled patent prosecution, freedom-to-operate opinions, patent design-arounds, competitive technology analysis, and a keen understanding of their business. Jon advises clients in the mining, commercial vehicle, rail, heat transfer, and industrial IoT device fields. Jackie assists clients with patent preparation and prosecution, product clearance and legal opinions, and IP litigation. She leverages her hands-on engineering experience to better serve clients working in the chemical engineering, food science, mechanical engineering, and biomedical engineering industries, among others.

Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit:
CLE credit has been approved for CA, IL, and NE. Other states may also award CLE credit upon attendee request.
Cost:
Free. Registration required.
More Information and Registration

November 21: Alphabet Soup: Review and Summary of Post-Grant Practice at the USPTO

Please join Fitch Even for a free webinar, "Alphabet Soup: A Review and Summary of Post-Grant Practice at the USPTO," on November 21, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12 noon EST.

After a U.S. patent issues, many procedures are available to correct the patent, challenge its validity, and even change its scope. These include a bewildering array of procedures sprinkled with Latin phrases and confusing acronyms. The America Invents Act, passed in 2011, changed the face of post-grant practice at the U.S. Patent and Trademark Office. As the procedures presented in that bill have matured, keeping up with ever-evolving policies and practices has been a challenge even for highly engaged practitioners. This webinar will provide a summary of post-grant procedures and an introduction to when, why, and how each procedure is useful (or not) to patent owners and third parties.
During the webinar, we will cover these topics and more:

• Review of post-grant procedures at the USPTO including inter partes review (IPR), 
• post-grant review (PGR), 
• covered business method review (CBM), 
• supplemental examination, 
• ex parte reexamination,
• reissue applications
• Strategic purposes of the various post-grant procedures
• Tactics for petitioners and patent owners in USPTO trial proceedings. 

Title:
Alphabet Soup: Review and Summary of Post-Grant Practice at the USPTO
When:
November 21, 2-019
 9:00 am PST / 10:00 am MST / 11:00 am CST / 12 noon EST
Webinar - Register Now
Speakers:

Fitch Even partner David A. Gosse has a diverse IP law practice encompassing both the acquisition and the enforcement of patent rights in the electronic, software, and mechanical fields, beginning with patent drafting and prosecution and extending to post-issuance proceedings before the PTAB as appropriate. He has substantial pre-trial and trial experience in district court litigation, including multiple jury trials relating to patent infringement, validity, and breach of license. Dave has represented patent owners in over two dozen IPR proceedings and currently serves as Co-Vice Chair of the AIPLA PTAB Trial Committee.

Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit:
CLE credit has been approved for California and Illinois and is pending in Nebraska. Other states may also award CLE credit upon attendee request.
Cost:
Free. Registration required.
More Information and Registration

July 18: Not So Obvious: Secondary Considerations at the PTAB

Objective evidence of non-obviousness can overcome a prima facie case of obviousness, both in district court litigation and at the Patent Trial and Appeal Board. These "secondary considerations" are an important tool that patent owners can use to defeat obviousness challenges. Historically, the PTAB has not often been persuaded by such evidence. But in recent years, patent owners have found some success when presenting compelling objective evidence of commercial success, copying, long-felt need, and other secondary considerations.

• During this webinar, our presenters will discuss the following:
• Developing trends at the PTAB concerning secondary considerations
• How to insulate your petition from secondary considerations
• Best practices for patent owners developing evidence related to secondary considerations

Title:

Not So Obvious: Secondary Considerations at the PTAB
When:
Thursday
July 18, 2019
9:00 - 10:00 am PDT
10:00 - 11:00 am MDT
11:00 am - 12 noon CDT
12 noon - 1:00 pm EDT
Webcast - Register Now!
Speakers:

• David A. Gosse has a diverse IP law practice encompassing both the acquisition and the enforcement of patent rights on behalf of his clients, beginning with patent drafting and prosecution and extending to post-issuance proceedings before the PTAB as appropriate. He has substantial pre-trial and trial experience in district court litigation, including multiple jury trials relating to patent infringement, validity, and breach of license. Dave serves as Co-Vice Chair of the AIPLA PTAB Trial Committee.
• Evan Kline-Wedeen's practice includes patent preparation and prosecution, IP litigation, patent post-issuance proceedings, and product clearance and legal opinions. He assists clients in fields including biomedical engineering, mechanical engineering, and material science in the development and protection of their intellectual property rights.

Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit:
CLE credit has been approved for California, Illinois, and Nebraska. Other states may also award CLE credit upon attendee request.
Cost:
Free. Registration required.
More Information and Registration

June 13: Understanding Women's Conflict in the Legal Workplace and the Bias That Built It

A common misconception is that women inherently have challenging relationships with other women at work. The research of our guest speakers, Andrea Kramer and Alton Harris, has shown this is patently untrue. They will provide real-world advice and tactics for how both women and men in the legal profession can avoid workplace conflict and overcome deeply rooted biases in a traditionally male-dominated industry.
During this free Continuing Legal Education webinar, our speakers will share insights on the following:

• Gender bias in the workplace, including women’s same-gender conflicts
• How gendered workplaces disadvantage women
• How to build supportive work environments to help women succeed and advance

Title:
Understanding Women's Conflict in the Legal Workplace and the Bias That Built It
When:
Thursday, June 13, 2019
 10:00 am PDT / 11:00 am MDT / 12 noon CDT / 1:00 pm EDT
Webcast - Register Now!
Speakers:
Attorneys Andrea S. Kramer and Alton B. Harris are coauthors of the book "It's Not You, It's the Workplace: Women's Conflict at Work and the Bias That Built It." Andie is a partner at McDermott Will & Emery and an adjunct professor at Northwestern University School of Law. She is on the advisory board of the Illinois Supreme Court Commission on Professionalism, Diversity and Inclusion and cofounder and chair of the Women's Leadership and Mentoring Alliance. Alton Harris was a founding partner of Ungaretti & Harris and is a retired partner from Nixon Peabody. Al is a frequent speaker and author on gender bias in the workplace.
Our moderator will be Fitch Even partner Nikki L. Little, an IP litigator and experienced trial lawyer. She is cofounder and chair-elect of ChiWIP.
Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit:
One hour of Diversity & Inclusion CLE credit is pending in Illinois and one hour of Recognition and Elimination of Bias in the Legal Profession and Society CLE is pending in California. There is no fee to attend, but please note registration is required.Less
Cost:
The Continuing Legal Education program is Free.
More Information and Registration

May 31: Advanced Obviousness Analysis: Understanding the Reasonable Expectation of Success Doctrine

Please join Fitch, Even, Tabin & Flannery LLP for a free webinar, “Advanced Obviousness Analysis: Understanding the Reasonable Expectation of Success Doctrine,” on Thursday, May 31, 2018, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12 noon EDT.
When an invention combines previously known features, non-obviousness turns on whether the person having ordinary skill in the art would have a reason to make the combination. This analysis requires considering whether the ordinarily skilled person would have a reasonable expectation of success in combining the known features.
Recent Federal Circuit cases provide guidance in successfully arguing for patentability under this doctrine and establish that it applies even when obviousness is asserted based on a single reference. Successfully arguing obviousness in patent prosecution, post-issuance proceedings, and district court litigation depends on this analysis with increasing frequency.
In addition to discussing applicable cases, we will explore these issues:

• When do circumstances favor arguing reasonable expectation of success at the PTAB and during patent examination?
• What types of evidence are helpful or needed to support the arguments?
• How can patents be drafted to establish that skilled persons would not have expected success by modifying the known art?

Title:
Advanced Obviousness Analysis: Understanding the Reasonable Expectation of Success Doctrine
When:
Thursday, May 31, 2018
9:00 AM - 10:00 AM PDT
Webcast - Register Now!
Speakers:
Our speakers will be Fitch Even attorneys David A. Gosse and Margaret “Peggy” Wojkowski. Dave has a diverse IP law practice with substantial experience in district court litigation and PTAB practice in a variety of post-issuance proceedings, as well as with patent preparation and prosecution. Peggy is a registered patent attorney whose practice currently encompasses patent preparation and prosecution, patent post-issuance proceedings, and product clearance and legal opinions.
Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit:
CLE credit has been approved for California, Illinois, and Nebraska. Other states may also award CLE credit upon attendee request.
Cost:
Free. Registration required.
More Information and Registration