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2014 Midwest Intellectual Property Institute
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Approved for 7.0 CLE credit hours, including 1.0 hour of ethics and professionalism in Kansas and Missouri.

When: Friday, May 2, 2014
Registration: 8:30 a.m. - Adjourns: 4:35 p.m.
Where: Sprint Corporation
6050 Sprint Pkwy.
(Sprint Campus)
Overland Park, Kansas  66251
Contact: Dawn Phoenix

Online registration is closed.
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Registration fees include lunch. 

Approved for 7.0 CLE credit hours, including 1.0 hour of ethics and professionalism in Kansas and Missouri.


Course Schedule:

8:30 a.m.

Registration & Continental Breakfast


9:00 a.m.

China Trademark & Domain Name issues

Susan Anthony, United States Patent & Trademark Office, Alexandria, VA


9:50 a.m.

Industrial (Design) Revolution: From Spoons to Smartphones - Strategic Considerations for Design IP Protection and Enforcement

Christopher V. Carani, McAndrews, Held & Malloy, Ltd., Chicago, IL

Companies and designers the world over are taking a second, hard look at design patents. In this session, leading design patent attorney Christopher V. Carani will discuss the U.S. Supreme Court’s 1871 design patent cases Gorham v. White (spoons) and also the on-going battle of Apple v. Samsung (smartphones).  He will discuss cutting edge concepts for protecting not only traditional industrial design, but also graphic user interfaces and icons.


10:40 a.m.



10:55 a.m.

Harmonization and Enforcement of United States Patent & Trademark Office Ethical Standards in the America Invents Act Era (Ethics)

Will Covey, United States Patent & Trademark Office, Alexandria, VA

This presentation focuses on present day ethical issues affecting attorneys and agents who practice before the USPTO and are therefore subject to the jurisdiction of the USPTO’s Office of Enrollment and Discipline.  Such issues include:

-                   Ethical standards under the New USPTO Rules of Professional Conduct, modeled on the ABA’s Model Rules of Professional Conduct.

-                   Mechanics of OED’s complaint and investigative process.

-                   Ethical impact of the AIA on practitioners and OED.

-                   Practical examples and statistics relating to OED enforcement.


11:45 a.m.

Lunch (provided)


1:00 p.m.

Supreme Court Review of Patent Cases

John Whealan, George Washington University Law School, Washington D.C.

The Supreme Court’s interest in patent law has increased in recent years. Only this term, the Court granted certiorari to an unprecedented six patent appeals from the Federal Circuit. The Court’s interest affects not only substantive patent doctrines like eligibility, infringement, and claim interpretation, and but also related areas like attorney fees, and declaratory judgment actions.  Dean Whealan will discuss these developments, including cases like Limelight Networks, Highmark, Medtronic, CLS Bank, Myriad, and Mayo.


1:50 p.m.

Copyright Current Development

Katherine C. Spelman , K&L Gates LLP, Seattle, WA

It has been a fast paced year in copyright judicial opinions. We will go over recent and important cases sharing insight and likely future changes in copyright.  The Supreme Court’s decision on Aereo may be rendered by the time of this seminar.


2:40 p.m.



2:55 p.m.

Top Patent Law Issues of the Year

Dennis D. Crouch, University of Missouri School of Law, Colombia, MO

Patent reform is here again: Over the past 18-months, the Federal Circuit has issued several hundred patent decisions that reach almost every area of U.S. patent law in ways that substantially impact both owners and accused infringers.  At the same time, Congress has been moving forward with legislative reforms and the White House has issued a series of executive orders to alter the landscape. These trends will continue.


3:45 p.m.

The American Patent Law Tsunamis Are Upon Us: AIA’s IPRs, CBMs, and PGRs: is Chief Judge Rader Correct to Call the Judges of the Patent Trial and Appeal Board (PTAB): Death Squads Killing Intellectual Property Rights

Thomas L. Irving, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, District of Kansas, Washington, D.C.

On September 16, 2012, AIA ushered in the post grant proceedings called Inter Partes Review (IPR), Covered Business Methods (CBM), and Post Grant Review (PGR).  Overcoming a slow start, these proceedings now number over 1,000 and that number grows practically daily.  We will examine how these proceedings relate to district court litigation and how PTAB is deciding these cases in overwhelming favor of the third party requester.   And this whole proceeding may end up at the Supreme Court soon as Baxter has filed a writ of certiorari challenging the authority of an administrative agency to effectively reverse the judgment of an Article III court.


4:35 p.m.


Faculty Information:

Susan Anthony, United States Patent & Trademark Office, Alexandria, VA

Susan Anthony is an attorney in the Global Intellectual Property Academy (GIPA), in the Office of Policy and International Affairs (OPIA), United States Patent and Trademark Office (USPTO), Alexandria, Virginia. Susan handles policy matters relating to copyright, trademark, and domain name issues within the U.S. and internationally and has a broad range of experience and expertise in almost all facets of intellectual property protection and enforcement.  She also is a member of the USPTO China Team and the USPTO Africa Team. Within GIPA, Susan heads up the USPTO’s educational outreach initiative for US small- to medium-sized businesses (US SMEs), focused on helping small businesses and student entrepreneurs to protect and enforce their intellectual property rights. Her work with U.S. business also includes work with American Indian businesses and individual artists and she serves as the US Department of Commerce Tribal Consultation Officer for the USPTO.  Prior to joining the USPTO, Susan worked in the corporate and private law firm sectors. She may be reached at (571) 272-1500 or



Christopher V. Carani, McAndrews, Held & Malloy, Ltd., Chicago, IL

Carani is a partner at the Chicago-based intellectual property law firm of McAndrews, Held & Malloy, Ltd. where his practice centers on protecting and enforcing design rights.  Carani counsels clients on strategic design protection and enforcement issues; he is often called upon to render infringement, validity and design-around opinions and serve as a legal consultant/expert in design law cases.  Carani has worked with clients to secure a wide array of design rights both in the U.S and outside of the U.S.  Carani formerly chaired the ABA’s Design Rights Committee, and also the AIPLA’s Committee on Industrial Designs.  He received his J.D. from The University of Chicago and his B.S. in Engineering from Marquette University. He is a frequent contributor to CNN on IP issues, and often is called upon to provide comment to other media outlets, including New York Times and Wall Street Journal.  Away from the law, Carani is a studied jazz musician playing upright bass on the Chicago jazz circuit.

Will Covey, United States Patent & Trademark Office, Alexandria, VA

As USPTO’s Acting General Counsel, Covey is the principal legal advisor to the Under Secretary of Commerce for Intellectual Property and Director of the USPTO.  He supervises the provision of legal advice and court representation on intellectual property and administrative matters for the agency.  Covey is responsible for providing legal advice on patent, trademark, and copyright matters as well as administrative issues such as government contracts, personnel, and budgetary matters. As necessary, he coordinates with the Department of Justice, Department of Commerce and other agencies in developing the U.S. position on major intellectual property cases before the Supreme Court and Courts of Appeals.  Covey is also the Deputy General Counsel and Director of the Office of Enrollment and Discipline (OED).  In this role, he manages an office of attorneys, paralegals, and support staff which is responsible for registering patent attorneys and agents to practice before the USPTO, overseeing the Law School Clinic Certification Program, and investigating grievances alleging misconduct by practitioners authorized to practice before the USPTO.  To do so, OED evaluates the credentials of applicants for registration, develops and administers a registration examination to determine if applicants have the necessary knowledge of patent law and practice to render patent applicants valuable service, maintains a public roster of attorneys and agents recognized to practice before the office in patent matters, and conducts surveys of active registered practitioners.  Previously, Covey served as the USPTO’s Deputy General Counsel for the Office of General Law for over four years.  Covey was appointed to the Senior Executive Service in 2007. Before joining the USPTO in 2000,  Covey served at the Pentagon in the U.S. Army’s Judge Advocate General's Corps. He serves in the Army Reserve and has completed combat tours in Iraq (2007) and Afghanistan (2011). He served as Deputy Legal Counsel to the Chairman, Joint Chiefs of Staff, and is currently assigned to the Office of the Army General Counsel.  Covey received his undergraduate degree from Fordham University (magna cum laude; Phi Beta Kappa) and his J.D. from Fordham University School of Law in 1991. He graduated from Harvard University's John F. Kennedy School of Government (Senior Executive Fellowship) in 2005 and received a Master of Science degree in Strategic Studies from the U.S. Army War College in 2010. 


Dennis D. Crouch, University of Missouri School of Law, Colombia, MO

Crouch is a law professor at the University of Missouri School of Law and author of the patent law focused blog Patently-O.  He lived in Kansas for the first eighteen years of his life and his wife Shannon is a Jayhawk.


Thomas L. Irving, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, District of Kansas, Washington, D.C.

Irving has worked in patent law for some 39 years and has been a partner at Finnegan for about 30 of those years.  Specializing in pharmaceutical practice, he is, relevant to this talk, finding high demand in preparing IPR petitions.  He also finds his experience of some 30 years in patent interferences very helpful. More about Irving can be found at


Katherine C. Spelman , K&L Gates LLP, Seattle, WA

Spelman is a partner in the firm’s Seattle office.   She focuses her practice on copyright and digital publishing.  Spelman works with clients on cutting edge copyright matters, provided strategic advice, design and implementation counsel for start-up companies, including those engaging in personal digital devices and wireless technology.  Spelman’s experience includes media, licensing, and mass digitization issues, where she has provided advice and counseling on the development, production, sale, and defense work at the confluence of content distribution companies on emerging distribution strategies and challenges, special issues in news reporting including repurposing content, firewalls and paywall configuration in light of changes in the fair use defense


John Whealan, George Washington University Law School, Washington D.C.

Whealan joined The George Washington University Law School in 2008 as the Associate Dean for Intellectual Property Law.   Before joining GW, Dean Whealan worked at the U.S. Patent and Trademark Office as Deputy General Counsel for Intellectual Property Law and Solicitor.  He represented the agency in all intellectual property litigation in federal court, advised on policy issues, and assisted the U.S. Solicitor General on intellectual property cases heard by the Supreme Court.  Prior to joining the USPTO, Dean Whealan was a staff attorney for the U.S. International Trade Commission. He also clerked at both the appellate and trial court levels, serving as law clerk to Judge Randall R. Rader of the Federal Circuit and Judge James T. Turner of the U.S. Court of Federal Claims.  Dean Whealan has drafted briefs in hundreds of cases and argued over 30 of them before the U.S. Court of Appeals for the Federal Circuit.  He continues to consult in the field, advising clients on strategy, drafting and editing briefs and arguing cases before the Federal Circuit.  Dean Whealan received his Juris Doctorate degree from Harvard Law School, a Masters Degree in Electrical Engineering from Drexel University and a Bachelors Degree in Electrical Engineering from Villanova University.

R2FACT thanks the Kansas Bar Association for the opportunity to co-sponsor Midwest Intellectual Property Institute for the sixth straight year in 2014. As a full-service product development company, we share your goal of helping your IP clients get their product ideas off the drawing board and onto the shelves as successfully marketed products.   

R2FACT is Kansas and Missouri’s most versatile on-demand R&D resource. Although we do work with start-ups, our core business is supplying development services such as Industrial design, engineering, CAD and prototyping to established businesses expanding or renewing their product lines.  Please consider referring your clients to R2FACT for a full range of product development assistance.