Free Trademark Program on November 14, 2013 at the University of Miami School of Law

In conjunction with its annual leadership meeting in Miami, the International Trademark Association  (“INTA”) and the University of Miami Schoolo of Law, with the co-sponsorship of the Business Law Section, will be hosting a trademark program this week at the University of Miami School of Law.  The program,m which is complementary, will include a panel discussion on career paths in trademark law with current trademark attorneys. The panel will also include a discussion of current issues that trademark lawyers are facing in the social media arena.

Speakers will include:

  • Tamara Carmichael, Partner, Loeb & Loeb
  • Gavin Charlston, Associate Trademark Counsel, Google
  • Brendan Healey, Deputy General Counsel, American Media, Inc.
  • Amy Price, Associate, Akerman Senterfitt
  • Kenneth Wilton, Partner, Seyfarth Shaw LLP

The program will be from 12:30 pm to 1:50 pm at the Miami Law – Multipurpose Room, 1330 Miller Drive, Miami, FL 33146.  If you plan to attend, please RSVP to Lia Calabro at [email protected]

You can download a flyer with details on the program can be found at the following link:  INTA Panel Flyer.  Your attendance at this program is appreciated and encouraged.

Agenda for January 10, 2013 IP Committee Meeting

The IP Committee will meet in Orlando, Florida, from 8:00 – 10:30 a.m. on Thursday, January 10, 2013 during the Business Law Section’s Mid-Year Meeting.

The agenda for the meeting includes a CLE presentation by Stephen Milbrath and Matt Horowitz of Allen, Dyer, Doppelt, Millbrath & Gilchrist, P.A.‘s Orlando office entitled “The Hague Agreement, The Patent Law Treaty Implementation Act and their Likely Impact.”

We will also discuss proposed revisions to the Florida noncompete statute, 542.335, Fla. Stat., and possible legislative solutions to the current circuit split in the interpretation of the Computer Fraud and Abuse Act. During the meeting we will also seek comments on revisions to the “IP Basics” pamphlet available for distribution to the public.  Documents relevant to the meeting can be downloaded from the below links:

2013 BLS Midyear Meeting Schedule

January 10, 2013 IP Committee Meeting Agenda

September 1, 2012 Meeting Minutes

IP Pamphlet Revisions (clean and redlined)

We look forward to seeing you in Orlando.

Announcement: Patent Law Experts Conference in Naples

Please find below and announcement that may be of interest to Committee members and readers of our blog.  Please not this program is not sponsored by the Florida Bar, the Business Law Section or the IP Committee:


The University of Akron School of Law is sponsoring a Patent Law Experts Conference on Tuesday, February 5, 2013, at the Ritz-Carlton Hotel in Naples, Florida.  The program will review the impact of the major changes in patent law set forth in the “America Invents Act” on attorneys and inventors, as well as the Supreme Court’s IP docket.

The program will feature presentations by Judge Richard Linn, of the Federal Circuit, and by the Honorable Teresa S. Rea, currently the deputy director of the PTO.  Professor Tim Holbrook, of Emery Law, will lead the discussion on pending IP-related cases at the Supreme Court.  Other noted IP professionals, from both private and corporate practice, including several from outside the U.S., also will participate.

The registration fee is $600, which includes a cocktail reception the evening of February 4.

To register, or to obtain additional information, please contact Ms. Shannon Aupperle, at (330) 972-7988; [email protected]


Computer Fraud and Abuse Act: Upcoming Discussion at Naples Retreat

The following contribution is from committee member Robert Kain.  We will be discussing this at the upcoming committee meeting in Naples where input from the membership will be sought:

Ladies and Gentlemen:  There is a serious split in the Circuit Court decisions about the application of the CFAA and the meaning of “exceeds authorized access.”  With respect to employee-hackers, what is legal in Calif. And Virginia, is not legal in Miami and Dallas per a group of circuit court decisions.  The attached “Committee Draft Version” article seeks the Committee’s input on whether or not the CFAA should be amended.  Also, I seek critical comments on the document.

Please feel free to leave your comments here if you will not be able to make it to Naples.

Federal Circuit: Isolated DNA is Still Patentable

In a 2-1 decision, a Federal Circuit panel held today that patent claims directed to a method of screening cancer therapeutics using isolated DNA sequences are drawn to patent-eligible subject matter. Association for Molecular Pathology v. Myriad Genetics, Inc., __ F.3d __ (Fed. Cir. 2012)(Lourie, J.)   The same panel held that claims directed at methods involving merely “comparing” or “analyzing” DNA sequences are unpatentable as abstract ideas.  The decision, came after the Supreme Court vacated and remanded a prior Federal Circuit ruling in the same case for reconsideration in view of the Supreme Court’s rationale in Collaborative Services v. Prometheus, Inc., 566 U.S. ___, 132 S. Ct. 1289 (2012).

It is hard to underestimate the importance of this decision.  It is widely expected that this case will be back before the Supreme Court.