Klemchuk Kubasta Partners Provide Course Instruction During 26th Annual Advanced Intellectual Property Law Course

Casey Griffith and Kirby Drake Lead Discussions on Breaking IP News Topics

Casey Griffith and Kirby Drake, attorneys at Klemchuk Kubasta LLP (KK LLP), a leading intellectual property (IP) law firm, were key presenters during the 26th Annual Advanced Intellectual Property Law Course which was co-sponsored by the Intellectual Property Law Section of the State Bar of Texas. This continuing legal education (CLE) course was held at the Four Seasons Hotel in Austin, Texas on February 14-15.

Case Griffith, senior partner with Klemchuk Kubasta experienced in all areas of intellectual property, with a concentration on litigation of patents, trademarks, copyrights and trade secrets made a presentation entitled, “Induced Infringement.” The presentation discussed issues regarding method patent claims in light of the recent Akamai Technologies Inc. et al. v. Limelight Networks Inc. and McKesson Technologies, Inc. v. Epic Systems Corp. cases. A copy of the presentation can be viewed here: “Induced Infringement.”

“Of recent cases involving induced infringement, the decisions handed down in Akamai and McKesson rank among the most significant IP litigation in 2012,” said Griffith. “The significance of these bellwether cases means that induced infringement no longer requires a single entity to perform every step in a method or process in order to give rise to liability. These cases could have a lasting effect, as patent prosecutors may adapt how they draft method or system claims in the future.”

Kirby Drake addressed a new aspect of the America Invents Act relating to patent prosecution in a presentation titled, “Pre-Issuance (Third-Party) Submissions.” A partner with Klemchuk Kubasta, Drake is experienced in both intellectual property litigation and patent prosecution, Drake provided an overview of how a third party may substantively participate in the prosecution of another party’s patent application, and she also provided several examples of how third-party submissions have been handled thus far in the United States Patent and Trademark Office. To view Drake’s presentation, visit this link: “Pre-Issuance (Third-Party) Submissions.”

“Before the passage of the America Invents Act, there was no method available to enable a third party to substantively participate in the patent examination process,” said Drake. “Under the new guidelines, any third party can submit documents to the Patent Office that are of potential relevance to the examination of a pending patent application. My goal in making this presentation was to give an overview of third-party patent submissions, while providing examples of how this process is being used.”

“To stay on top of the latest breaking IP legal trends, all the attorneys at Klemchuk Kubasta constantly focus on both learning and teaching,” said Shannon W. Bates, a partner in the firm, as well as former chair of the State Bar of Texas (SBOT) Intellectual Property Law Section and member of the planning committee for the 26th Annual Advanced IP CLE course. “IP law expands everyday with every court ruling and law that issues. As a service-oriented firm, we believe it is essential to share this knowledge with our colleagues, which is the reason Casey and Kirby are frequent volunteers when it comes to teaching CLE courses to other IP attorneys.”

About the Firm:

Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice.

The firm publishes Intellectual Property Trends (latest developments in IP law), Conversations with Innovators (interviews with thought leaders), Leaders in Law (insights from law leaders), Culture Counts (thoughts on law firm culture and business), and Legal Insights (in-depth analysis of IP, litigation, transactional, and international law).

NewsChelsea Green