News

August 25, 2008

Follow-up from August Meeting

During the August CincyIP meeting with Lynne Beresford, Commissioner of Trademarks, a question was asked which she stated she would look into.  Here is her response

“I wanted to respond to the Cincy IP question about concurrent use proceedings.  First of all, the TTAB does not run a separate report on the average “age” of the cases in the concurrent use docket.  That could be done if the USPTO wants to devote the resources to developing such a report.  However, here is some information that David Sams was kind enough to share with me that might help answer some questions.

David checked the TTAB records back to FY2000 and found that, during those 8 years there were only 2 concurrent use cases that were contested and went all the way through to trial and a final decision by a panel.  Both of those cases took approximately 4 years from the date of institution to a final decision. 

In the time period between the fiscal years 2000 - 2007, 244 cases were settled before trial as uncontested or, if initially contested were settled, with the concurrent use applicant submitting an ex-parte type showing to the Board to establish the absence of likelihood of confusion and its entitlement to a concurrent use registration (or with a stipulation to that effect by both parties to the proceeding).

At this time there are 87 pending concurrent use proceedings at various stages of proceeding. 

In addition, there is a small backlog of about 34 cases that have been sent to the TTAB for institution of concurrent us proceedings but that haven’t yet been instituted.  (For the record, those 34 cases aren’t counted in the 87 “pending cases referenced above).  Many of the applications that come to the TTAB for concurrent use proceeding have administrative issues that the TTAB paralegals--or interlocutory attorneys--have to sort out before a concurrent use proceeding can be instituted.  And some of those 34 concurrent use applications are now long overdue for action.  The TTAB paralegal supervisors have recently instituted a plan to move along all these older cases.  The plan calls for institution of all of them by the end of September.  At that point the TTAB will have a better system in place for prompt initial processing of concurrent use applications.

Additionally, David Sams tells me that he has no sense that there’s any movement in the direction of eliminating concurrent use proceedings.”

Lynne Beresford

Posted by Geof Oberhaus on 08/25 • Permalink

August 18, 2008

A CincyIP Happy Hour and Charity Event - Wednesday, September 17, 2008 at 5:00 PM.

Come join us to welcome Proctor & Gamble IP attorneys downtown and to raise scholarship money for an IP-oriented camp for a child.

More details on the Event can be found here or under the Events tab of our website!

Posted by Geof Oberhaus on 08/18 • Permalink

May 13, 2008

2008 Election Results

Officers

President:  Ria Schalnat - FBT
Vice President:  Lori Krafte - GDM
Treasurer: Matt Fitzpatrick - P&G
Secretary:  Harry Guttman - WHE
Chief Information Officer:  Geof Oberhaus - D&S

Board (10)
Steve Gillen - GDM
Fred Gribbell - Taylor & Aust, P.C
David Mancino - TSH
Kurt Grossman - WHE
Davida Isaacs – Salmon P. Chase
Stephen Albainy-Jenei - FBT
Anne Chasser – U.C. Licensing
Ken Germain - GDM
Mina Matthews – P&G
Victor Moreno – Johnson & Johnson

Many thanks for the service of the past year by Len Lewis, Tom Adams, Jim Liles, Dan O’Neill and Rose-Ann Dabek who are rotating off the Board for the upcoming term.

Programming Committee (5)
Chair:  Karen Kreider Gaunt - GDM
Thom Barnes – International Papre
Kevin Kuehn - CLE Coordinator - WHE
Todd Bailey - FBT
Chris Nitz – 3M (graduating from Salmon P. Chase)

Constitutional Committee (3)
Chair:  Stephen Albainy-Jenei - FBT
Len Lewis – P&G
David Dorton - WHE

Nominating Committee (3)
Chair:  David Mancino - TSH
Mina Matthews – P&G
Tom Burger - WHE

Local Patent Rules Committee (5)
Chair:  Kevin Kirsch - TSH
David Mancino - TSH
Chip Brown – Dinsmore & Shohl
Jeff Metzcar – Thompson Hine
Steve Butler – Thompson Hine

Posted by Ria Schalnat on 05/13 • Permalink

April 21, 2008

CincyIP Accepting Nominations for 2008-2009

A message from the President

CincyIP (Cincinnati Intellectual Property Law Association) will be holding its annual elections on May 13th, 2008.  I am taking nominations (from paid members of CincyIP only) for Officer, Board, and Committee positions through Friday, May 2nd.

Please respond to if you wish to make any nominations for the vote on May 13th.

The following nominations have been received thus far:

Officers

President:  Ria Schalnat - FBT
Vice President:  Lori Krafte - GDM
Treasurer: Matt Fitzpatrick - P&G
Secretary:  Harry Guttman - WHE
Chief Information Officer:  Geof Oberhaus - D&S

Board (10)

* Stephen Albainy-Jenei - FBT
* Tom Burger - WHE
* Anne Chasser - UC
* Ken Germain - GDM
* Steve Gillen - GDM
* Fred Gribbell - Taylor & Aust, P.C
* Kurt Grossman - WHE
* Davida Isaacs - NKU
* Len Lewis - P&G
* David Mancino - TSH
* Mina Matthews - P&G
* Victor Moreno - Johnson & Johnson

Programming Committee (5)

Chair:  Karen Kreider Gaunt - GDM
Todd Bailey - FBT
Thom Barnes - International Paper
Kevin Kuehn - CLE Coordinator - WHE
Chris Nitz - Graduating Student - NKU

Constitutional Committee (3)

Chair:  Stephen Albainy-Jenei - FBT
Len Lewis - P&G
OPEN

Nominating Committee (3)

Chair:  David Mancino - TSH
Mina Matthews - P&G
OPEN

Local Patent Rules Committee (5)

Chair:  Kevin Kirsch - TSH
David Mancino - TSH
OPEN
OPEN
OPEN

-David Mancino
President, CincyIP

Posted by Ria Schalnat on 04/21 • Permalink

January 23, 2008

Now Collecting Membership Dues for 2008

We are excited to be back in action here at CincyIP.  After spending 2007 getting back into the IP scene, we are ready to launch into our 2008 curriculum and other initiatives.  To that end, we want to formalize our membership roster and start collecting dues to achieve our goals in serving the IP bar of Cincinnati.

New in 2008:

* Regular monthly meetings on the second Tuesday of each month.
* Chief Judge Derich of the Court of Federal Claims coming in March.
* Quad-city meeting returns (IPLA’s of Cincinnati, Dayton, Columbus, and Toledo, in July)
* Your ideas encouraged!

Buy Now

Posted by Ria Schalnat on 01/23 • Permalink

November 19, 2007

CincyIP Endorses Judicial Pay Increase

RESOLVED,

That the Cincinnati Intellectual Property Law Association endorses recent statements by the Chief Justice of the United States that the failure to raise judicial pay is now a “crisis that threatens to undermine the strength and independence of the federal judiciary.”

And

FURTHER RESOLVED,

That the Cincinnati Intellectual Property Law Association urges Congress to take immediate action to enact a substantial pay increase for the federal judiciary, consistent with the recent analysis by Paul Volcker, former chair of the National Commission on the Public Service, which recognized the inadequacy of federal judicial salaries and that increases in federal judicial salaries have not even kept pace with increases in average American worker wages.  November 5, 2007.

Posted by Stephen Albainy-Jenei on 11/19 • Permalink

August 28, 2007

CincyIP Site Goes Live!

Thanks to the dedication and leadership of our new Officers and Board members, along with members committed to fostering vibrant interaction among the IP legal community, a revitalized CincyIP continues its long-standing tradition of providing valuable continuing legal education to its members by securing top-quality, nationally recognized speakers to address the most current issues in intellectual property law.

Among the items around the web site, we now offer information about upcoming meetings, breaking legal news and contacts regarding members and membership.  So feel free to take a tour around our website to learn more about our organization.  Let us know what you’d like to see in terms of news, commentary or seminars.

If you have any questions about CincyIP please contact one of our current officers. If you have any concerns about this website, please contact our webmaster at webmaster@cincyip.org.

Posted by Stephen Albainy-Jenei on 08/28 • Permalink

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