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Dunlap Codding Shareholders Selected For Inclusion In The Best Lawyers In America® 2017
Posted Aug 16, 2016 at 12:22 pm See More

OKLAHOMA CITY, OKLAHOMA—August 16, 2016—Dunlap Codding is pleased to announce that Marc A. Brockhaus, Emily E. Campbell, Nicholas D. Rouse, and Douglas J. Sorocco have been selected by attorney peers for inclusion in The Best Lawyers in America®2017, the oldest and most respected peer–review publication in the legal profession.  Firm managing shareholder Nick Rouse said, “We’re once again gratified to be selected by our peer colleagues for inclusion in the publication.  We have always worked to provide excellent service and value to our clients and to uphold the reputation of our industry.”  

Marc Brockhaus was listed in The Best Lawyers in America® 2017 for Patent Law.  Marc leads Dunlap Codding’s Electrical Engineering & Systems group.  His practice includes all areas of intellectual property, including technology, computer and patent law, and extends to counseling, transactions, litigation, and prosecution before the United States Patent and Trademark Office.  He is ranked in the top band of Oklahoma’s top intellectual property practitioners by the highly regarded Chambers USA: America’s Leading Lawyers for Business and has previously been selected for inclusion as an Oklahoma Super Lawyer and a Rising Star. Marc has been an adjunct faculty member at the University Of Oklahoma College Of Law and received his J.D. and his Masters of Business Administration from the University of Oklahoma in 1997, where he was inducted into Beta Gamma Sigma.  He received his B.S. in Electrical Engineering from the University of Oklahoma in 1993. 

Emily Campbell is listed in The Best Lawyers in America® 2017  in the field of Copyright Law.  Emily is a shareholder and practice group leader at Dunlap Codding, providing strategic counsel to clients on trademarks, copyrights, Internet law, and licensing.  She was also selected by attorney peers for inclusion in Oklahoma Super Lawyers–Rising Stars Edition (2010, 2013-2016). Emily was recently named to the University of Oklahoma’s College of Engineering Industrial & Systems Engineering Advisory Board and the Oklahoma City Geological Society Board of Directors.  She received her J.D. from the Oklahoma City University School of Law and received her B.S. in Industrial Engineering from the University of Oklahoma.  Emily is registered to practice before the United States Patent and Trademark Office. 

Nick Rouse, listed in The Best Lawyers in America® 2017 in the fields of Patent Law, Technology Law, and Trademark Law, has served as Dunlap Codding’s managing shareholder since 2007 while continuing an active practice.  In its inaugural coverage of intellectual property law in Oklahoma, the highly regarded Chambers USA: America’s Leading Lawyers for Business ranked Nick in the top band of leading practitioners, and he continues to be ranked in the top band. He was also selected for inclusion in Oklahoma Super Lawyers 2016.  Nick provides a broad range of patent counseling to clients ranging from individual inventors to large multinational manufacturing companies. His practice includes patent preparation and prosecution, patent portfolio management, validity and infringement opinions, evaluations of new designs, and licensing strategy.  Nick graduated from the University of Oklahoma in 1987 with a B.S. in Petroleum Engineering, and received his J.D. from the University of Oklahoma College of Law in 1990. He is a member of the Intellectual Property Law Section of the Oklahoma Bar Association, and served as its president in 2006.

Doug Sorocco is listed in The Best Lawyers in America® 2017  in the field of Technology Law.  He practices in the areas of intellectual property, technology, licensing, life sciences, and patent law and is involved in counseling and transactional work involving all aspects of intellectual property. He is registered to practice before the United States Patent and Trademark Office. Doug regularly counsels clients in all aspects of intellectual property including acquisition and commercialization of intellectual property, portfolio management, licensing, and transactional matters. He is ranked in the top band of Oklahoma’s top intellectual property practitioners by the highly regarded Chambers USA: America’s Leading Lawyers for Business. Doug was also selected by attorney peers for inclusion in  Oklahoma Super Lawyers–Rising Stars Edition (2010). He is an adjunct faculty member at the Oklahoma City University School of Law and has served as an adjunct in the Physiology Department of the University of Oklahoma’s Health Sciences Center.

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer–review survey on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” 

Dunlap Codding P.C., with offices in Austin, Chicago, Oklahoma City, and Washington, D.C., serves sophisticated international, national, and regional clients. Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the state’s largest and most versatile IP boutique law firm.  

Dunlap Codding is a member of Primerus, an International Society of Law Firms.

Dunlap Codding Shareholder Emily Campbell Quoted in Law.Com
Posted Aug 16, 2016 at 10:35 am See More

Dunlap Codding Shareholder Emily Campbell was quoted in a Law.com article by Megan Spicer, published on July 29, 2016.  The article, “Copyright Counsel Eager for Clarity on Fair Use for Viral Videos,”  covered the fair use of viral videos, such as the cell phone video from the scene of the recent shooting in Dallas which claimed the lives of five police officers.  

As Spicer noted, there are no cases dealing with the monetization of viral videos that depict serious news.   Emily Campbell, who heads the trademark and copyright group at Dunlap Codding asked, “Will someone challenge these groups who are monetizing viral videos?”  She said that companies such as ViralHog [one of the startup companies that acquire video and capitalize on its popularity] are taking advantage of the uncertainty.

Emily Campbell Quoted in Inside Counsel
Posted Aug 16, 2016 at 10:32 am See More

Dunlap Codding Shareholder Emily Campbell was quoted in Inside Counsel in an article by Amanda Ciccatelli published on July 26, 2016.  The article, “Melania Trump vs. Michelle Obama:  Does copyright law cover public speeches,” commented on the reports that “Melania Trump’s speech was very similar to the speech previously given by Michelle Obama at the Democratic National Convention in 2008.”  

Ciccatelli wrote, ” Does copyright law actually protect public speeches? The answer according to Campbell is yes.  Copyright law serves to protect various types of creative works, including speeches.”  

“The nuance here, though, is that copyrights protect works only when they are ‘fixed in a tangible medium,” [Campbell] explained.  “So what’s really protected by copyright is not the act of giving the speech but the video recording, sound recording, or antecedent written text of the speech.” 

Campbell also said, “Ultimately, the key questions to be answered are whether Melania Trump used enough of the speech to constitute infringement.”  She concluded by saying, “Be inspired by the works of others, but don’t copy them.  Don’t use the work of another—in whole or in part—without obtaining permission first.” 

Americans for the Arts Announces Honorees for BCA 10: Best Businesses Partnering with the Arts in America
Posted May 20, 2016 at 14:04 pm See More

Oklahoma City, Oklahoma—Americans for the Arts, the nation’s leading nonprofit organization for advancing the arts and arts education, announced on Tuesday that Dunlap Codding, an Intellectual Property boutique law firm,has been named a BCA 10: Best Businesses Partnering with the Arts in America honoree for 2016.  

Presented every year by the Business Committee for the Arts (BCA), a division of Americans for the Arts, the BCA 10 awards honor 10 U.S. companies for their exceptional commitment to the arts through grants, local partnerships, volunteer programs, matching gifts, sponsorships, and board membership.  

In 2015 alone, Dunlap Codding opened its doors to host weekly events involving the creativity and arts communities: Theatre opening parties and board meetings, jazz improvisation nights, The Mix Concert Series, underground theatre, video screenings, weaving classes, storytelling festivals, and more.  The highlight of the year was the firm’s sponsorship of the Glitter Ball, a gala benefiting deadCENTER Film Festival, Sunbeam Family Services, and OKC Girls Art School.  The firm has also sponsored “Premiere on Film Row”—a monthly Art Walk/Street Festival.  In addition to offering the use of the space for free, thousands of firm volunteer hours have been donated and the firm has contributed many thousands of dollars to hosting, supporting, and funding these events.   

The BCA 10 Awards will be presented by Americans for the Arts on October 5, 2016, at a black-tie gala at the Central Park Boathouse in New York City. The 2016 honorees are:  

Austin Energy (Austin, TX)
Badger Meter (Milwaukee, WI)
CopperPoint Insurance Companies (Phoenix, AZ)
Dealer.com (Burlington, VT)
Dogfish Head Craft Brewery (Milton, DE)
Dunlap Codding (Oklahoma City, OK)
Johnson & Johnson (New Brunswick, NJ)
M Powered Strategies, Inc. (Washington, DC)
Northern Trust (Chicago, IL)
Procter & Gamble (Cincinnati, OH) 

Dunlap Codding Shareholder Douglas J. Sorocco said, “Art and creativity enrich the soul and provide a means for community expression. By opening our doors to artists and creators, we help to foster a spirit of generosity, inclusiveness, empathy, and volunteerism. As we become more intertwined into this community, our own capacity for compassion and generosity is magnified.”

“We are grateful to honor these businesses for their exceptional involvement in ensuring that the arts thrive in their communities,” said Robert L. Lynch, president and CEO of Americans for the Arts. “These businesses provide the arts with significant financial and in-kind support, and they incorporate meaningful arts-related programs into their employee, customer, and community relations activities. They enrich the lives of millions of Americans and truly set a standard for other businesses to follow.”  

For information regarding BCA 10, please contact Emily Peck, Vice President of Private Sector Initiatives at (202) 371-2830 or via e-mail at epeck@artsusa.org. 

Dunlap Codding P.C., with offices in Austin, Chicago, Oklahoma City, and Washington, D.C., serves sophisticated international, national, and regional clients. Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the state’s largest and most versatile IP boutique law firm. 

Americans for the Arts is the leading nonprofit organization for advancing the arts and arts education in America. With offices in Washington, D.C. and New York City, it has a record of more than 50 years of service. Americans for the Arts is dedicated to representing and serving local communities and creating opportunities for every American to participate in and appreciate all forms of the arts. Additional information is available at AmericansForTheArts.org.

Founded in 1967 by David Rockefeller, the Business Committee for the Arts (BCA), a division of Americans for the Arts, encourages, inspires, and stimulates businesses to support the arts in the workplace, in education, and in the community. The Business Committee for the Arts merged with Americans for the Arts in 2008.

###

Media Contact:
Douglas J. Sorocco
405-607-8600
dsorocco@dunlapcodding.com

Jordan Sigale, Dunlap Codding Director, Quoted in USA Today re Oracle, Google Court Clash
Posted May 12, 2016 at 14:31 pm See More

“Two of tech’s biggest behemoths are slugging it out in court,” reported Jon Swartz in an article in USA Today on May 11, 2016. After noting that billions of dollars of damages are at stake in this six-year software copyright case, Swartz quoted Dunlap Codding’s Jordan Sigale, an intellectual property lawyer and computer engineer.  “There are two issues.  Did Google practice fair use, and if Oracle was [infringed], how badly was it [damaged] financially?”  Sigale went on to say, “The onus is on Google to prove it transformed its use of Java into something more for use in Android.”

Julie Langdon, Dunlap Codding Senior Associate, Quoted in BloombergBNA Patent, Trademark & Copyright Journal
Posted May 10, 2016 at 15:38 pm See More

On May 3, 2016, BloombergBNA quoted Julie Langdon in “Supreme Court Will Review SCA Hygiene On Bar Against Patent Case Filing Delays.”  The article noted that “The U.S. Supreme Court agreed May 2 to review whether a patent owner can recover damages if it waits more than six years after becoming aware of infringement to file a complaint (SCA Hygiene Prods. AB v. First Quality Baby Prods. LLC, U.S., No. 15-927, review granted 5/2/16).”

The “laches” doctrine blocks a lawsuit when a plaintiff has waited too long to bring a lawsuit.  One issue raised in the instant case, is the difference between the language in the Patent Act, 35 U.S.C.  § 286, and the language in the Copyright Act, 17 U.S.C. § 507(b), and whether a ruling by the Supreme Court relating to the applicability of laches under the Copyright Act (or lack thereof) applies similarly to the Patent Act. 

Langdon said, “The impact of a stronger (or weaker) laches defense will fall most heavily on non-practicing entities who primarily assert technology-related patents….And those patents [that are at least six years old and never asserted in an infringement action] are often being asserted by NPEs, or other entities that sit on their rights for years while others in that tech area develop potentially infringing products/methods.”

Dunlap Codding Director Jordan Sigale Quoted in Law360 re On-Sale Bar Threat to Pharma Patents
Posted May 6, 2016 at 6:09 am See More

On May 4, 2016, Law360 published an article by Ryan Davis, “Fed. Circ. Could Ease On-Sale Bar Threat to Pharma Patents.”  The article noted that the Federal Circuit will hear arguments Thursday in a patent case regarding the blood-thinning drug Angiomax.  “The on-sale bar holds that an invention cannot be patented if it has been on sale for a year prior to the patent filing.  The court decided last year to reconsider when the bar applies after a panel used it to invalidate two of The Medicines Co.’s patents on Angiomax in a dispute with generics maker Hospira Inc.  The Medicines Co. did not sell Angiomax to the public before filing for a patent, but instead paid a supplier to make experimental batches while the drug was being developed.”

The article notes that Dunlap Codding Director Jordan Sigale opined that in recent years, companies  have become less integrated and more have begun outsourcing aspects of the production process to third parties.  This case will have widespread importance.  The panel’s holding that an outsourcing arrangement can render patents invalid under the on-sale bar, “makes it really super tough for companies that can’t make large quantities of things themselves, and there are a lot of companies like that….[if the ruling stands] it’s going to stunt the further  development of outsourcing culture….It bothers me because the whole idea of the on-sale bar as I understood it was that we don’t want companies to exploit their invention for a year of sales before they get a patent.  But that’s not what’s going on here….There’s a distinction in my mind between working with a third party to make sure the product meets FDA requirements and going out and selling to the public.”

Dunlap Codding Senior Associate Julie Langdon Quoted in Law360
Posted May 6, 2016 at 6:07 am See More

Dunlap Codding Senior Associate Julie Langdon was quoted in Law360 on April 4 in Jacob Fischler’s article, “What to Do After You’ve Screwed Up a Brief.”  Langdon had great advice: 

Follow the Local Rules:  “The first step is making sure you understand the rules of the court and how to go about fixing the brief.”  She added that judges are likely to be sympathetic to a genuine mistake and it wastes their time to consider improper filings. 

Keep Corrections Focused:  “You definitely should not be filing a corrected brief to change your argument in any way or to change the facts you’ve presented in any way….It should really, truly only be used to fix misrepresentations, inaccuracies.”

Dunlap Codding Again Ranked in Band 1 for Intellectual Property by Chambers USA: America’s Leading Lawyers for Business
Posted May 1, 2016 at 8:06 am See More

OKLAHOMA CITY, OKLAHOMA—May 31, 2016—Dunlap Codding is pleased to be ranked in Band 1 (the top band) for intellectual property by Chambers USA: America’s Leading Lawyers for Business. The publication is widely regarded as the most reliable and intensively researched of all lawyer rating directories. Chambers USA began ranking Oklahoma Intellectual Property firms in 2010. Dunlap Codding has been a top-ranked firm since the inaugural coverage of the state’s intellectual property practitioners, and is again ranked in Band 1 for 2016. 

Chambers described the firm as a, “Respected boutique with a global clientele, partnering with companies of all sizes to provide strategic and holistic IP portfolio management. Particularly noted for its high level of patent prosecution activity and representation of clients seeking to protect IP assets in the healthcare, life sciences, engineering and entertainment sectors.” 

Sources were quoted as saying, “They’re very efficient, take a matter and run with it without the need for any oversight and make solid, business-oriented decisions.” And, “They compare favorably to IP firms nationally, not just in Oklahoma – a fact confirmed by the nature and scope of their national and global client base.” 

“Nicholas Rouse ‘does a really good job,’ both as the firm’s managing director and as an active participant in several practice mandates, particularly those involving mechanical engineering aspects. He heads the team advising web handling company Maxcess International on the maintenance of its worldwide IP assets.”

 Chambers also described Marc Brockhaus as an electrical engineering and systems specialist who acts on both transactional and contentious mandates, peers noting that his handling of patent prosecutions is especially “highly respected.” Clients praise his ability to swiftly grasp innovative concepts, and report that his “overall IP knowledge is excellent, as is his ability to get to the bottom of the issue and resolve it.” 

Chambers wrote, “Practice head Douglas Sorocco offers a comprehensive IP skill set, heads the team prosecuting numerous patents for Nestlé Global, and is admired by peers as a key rainmaker for the practice. Clients value him for being “great at thinking outside the box and seeing the bigger picture” and for “ensuring that problems aren’t going to happen.”    

Finally, describing newly ranked Emily Campbell, Chambers said,

“Emily Campbell heads the trademark, copyright and e-commerce group. In a highlight she acted as joint lead attorney representing Paycom in its dispute with National Financial Partners. Sources identify her as a “pretty sharp up-and-comer who has done very well,” predicting in one instance that she “could grow into a leadership role.”    

Dunlap Codding, with offices in Austin, Chicago, Oklahoma City, and Washington, D.C., serves sophisticated international, national, and regional clients.  Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the region’s largest and most versatile IP boutique providing counsel in the areas of patent, trademark, copyright, and entertainment law as well as related litigation and licensing services.  

Dunlap Codding is a member of Primerus, an International Society of Law Firms.

DC Attorneys Draft Amicus Brief in Sequenom v. Ariosa Diagnostics before U.S. Supreme Court
Posted Apr 22, 2016 at 14:21 pm See More

Dunlap Codding’s own Jordan Sigale and Julie Langdon co-authored an amicus brief on behalf of the Federal Circuit Bar Association filed on April 20, 2016 in Sequenom v. Ariosa Diagnostics at the U.S. Supreme Court. The brief (prepared with Frank Angileri of Brooks Kushman PC) urges the high court to take the case for next term to refine the current framework for assessing the scope of patent eligible subject matter under 35 U.S.C. §101 in the context of Sequenom’s invalidated medical diagnostic patent claims. Read the petition here.

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Our goal is to celebrate the incredible diversity of creativity, innovation, and passion within Oklahoma City and to provide a venue—free of charge—to those groups and individuals working to bind us all together and make our home a cooler and better place. No strings attached—no extensive rules to follow. We simply ask that all of our neighbors be honored and that all viewpoints be respected. Our criteria for use is simple: If the event, group, or meeting is something which strengthens our community and brings us all together, the space is available for use.

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