September 1, 2015

Don’t Miss the Naples Meeting!

The IP Committee will meet at 9:30 am this Saturday, September 5th at the Business Law Section Retreat at the Ritz Carlton in Naples over Labor Day Weekend. If you can’t make the meeting, you can dial in as follows:

1-888-376-5050
Participant PIN – 3685320102

We do hope you will be there in person. Whether you are attending in person or by phone, please download the meeting materials in advance of the call:

Agenda for September 5, 2015 Meeting [.pdf]
Minutes from June 25, 2015 Meeting [.pdf]
House Bill 55 “An Act Relating to Trade Secrets”[.pdf]
House Bill 57 “An Act Relating to Public Records and Meetings” [.pdf]

July 16, 2015

2015 Florida Legislation Summary

Following up on our successful meeting at the annual meeting, Robert Kain was kind enough to share the legislative summary he authored for distribution to the committee. The summary includes descriptions of the following statutes adopted in the 2015 Session, which are likeley to be of note to Florida IP practitioners:

A. SLAPP: Strategic Lawsuits Against Public Participation (SLAPP lawsuits). CS/HB 1041, Fla.Stat. § 768.295, effective July 1, 2015.

B. The Patent Troll Prevention Act, CS/CS/CS/HB 439, Fla.Stat. § 501.991, effective July 1, 2015.

C. True Origins of Digital Goods Act, CS/CS/HB 271 – Florida Statute 501.155, effective July 1, 2015.

D. The Computer Abuse and Data Recovery Act, CS/CS/CS/SB 222, Fla.Stat. § 668.801 (“CADRA”), effective October 1, 2015.

E. Freedom from Unwarranted Surveillance Act, CS/CS/SB 766, Fla.Stat. § 934.50, effective July 1, 2015.

Download the entire summary here. Thank you, Robert!

May 28, 2015

Don’t Miss IP CLE Credits During the Annual Meeting

Mark Stein

Mark Stein will present an hour-long CLE at the Annual Meeting

The Intellectual Property Committee will meet at the Florida Bar’s Annual Convention at the Boca Raton Resort and Club on Thursday June 25th from 10 am until 12 pm (please note that some of the Bar registration materials incorrectly state the meeting starts at 11:30 am. This is not correct; we wouldn’t hold our committee meeting during the Business Law Section Luncheon). If you haven’t yet registered for the Annual Meeting, be sure to so so soon, as early bird registration ends June 1st.

Even if you are not registering for the Annual Meeting, you can still attend the Intellectual Property Committee meeting and obtain an hour of valuable IP Certification and CLE credit. During the latter half of the meeting, Mark Stein will present a one hour CLE entitled Trademark Issues Related to Big Data. This CLE program will provide information about the role “Big Data” plays in trademark prosecution issues. While the term “Big Data” has many meanings, it is most typically defined as the massive quantity of raw data that has not been analyzed or organized in any manner that is being generated each day. The use of, as well as the new businesses and services arising from this collection of data has created unique trademark issues for companies in many industries. This CLE explores those issues, identifies and describes them and then provides practical ideas for dealing with issues “Big Data” creates in the prosecution and protection of trademarks.

Don’t miss it!

May 20, 2015

CADRA Enacted by Florida Legislature

The Computer Abuse and Data Recovery Act (CADRA), Fla. Stat. § 668.801, was signed into law by Governor Scott on May 14, 2015 [click for a .pdf of CADRA]. After approval by the Business Law Section, CADRA was introduced into the Florida Legislature by Sen. Hukill (Ocala) and Rep. Spano (Riverview).

The Act was a result of nearly 20 meetings over a 2 ½ year period with members of the Computer Law, Intellectual Property and Business Litigation Committees. Robert Kain spearheaded the Task Force to draft and hone the proposed legislation, with support from many members of these committees, including, in alphabetical order:
Kimberly Bursum
Michael Chesal
Jude Cooper
Ury Fischer
Larry Kunin
Russ Landy
Sam Lewis
Jim Murphy
Andy Ostrow
Woody Pollack
Joel Rothman
Mark Stein
Dineen Wasylik

CADRA creates a remedy for business owners harmed by persons who abuse passwords and security controls on computers and computer-based information and programs. The law goes into effect October, 2015.

I thank everyone on the IP Committee who gave their time and insight to the drafting and legislative process, with a special thank you to Robert for taking the lead.

April 17, 2015

Florida Patent Pro Bono Program Launch

Patent Pro Bono Program Kick-Off

Image courtesy of Boston Patent Law Association and Fish & Richardson P.C. and used with permission


The Florida Patent Pro Bono Program matches qualified inventors or small businesses with volunteer patent agents or attorneys. By volunteering for the program you will be providing specific, well-defined services to qualified inventors in order to help build Florida’s innovation economy and accelerate the commercialization of new products. To learn more about the program or to register as a Volunteer Patent Agent/Attorney please visit the program’s website. This program is developed in conjunction with the USPTO’s Patent Pro Bono Program.

To mark the launch of this program in Florida, the Intellectual Property Law Association of Florida, along with the Florida Institute, are hosting launch events in Miami and Tampa. The Launch events will feature dignitaries from the USPTO and will double as a great networking event for the entire intellectual property bar, whether or not you are a registered patent attorney.

Miami Launch Event

  • When: Monday, May 4,2015; 1:15- 1:45pm
  • Where: eMerge Americas Conference, Expo Center Stage.
  • Address: Miami Convention Center, 1901 Convention Center Dr., Miami Beach, FL 33139
  • Tickets: Tickets for eMerge Americas may be purchased at: http://emergeamericas.org/attendee/
  • Discount Code: Register with a 15% discount by entering the following code at checkout RBALINA
  • Tampa Launch Event

  • When: Wednesday, May 6, 2015; 5:30pm – 7:00pm
  • Where: USF Research Park Embassy Suites Galleria
  • Address: 3705 Spectrum Blvd, Tampa, FL 33612
  • RSVP: There is no charge to attend this event. Please RSVP no later than May 1, 2015 to FloBono@Florida-Institute.com