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News About DC

IN THIS DAY AND AGE, NEWS TRAVELS FASTER THAN EVER BEFORE.

And when it’s about Dunlap Codding, our team and our accomplishments, it all lands right here.
Dunlap Codding Litigator Joe Titterington Article on Forum Shopping Published in inside Counsel
Posted Apr 20, 2016 at 9:45 am See More

Joseph P. Titterington has authored an article discussing the potential end of forum shopped, published in Inside Counsel on April 13.  Joe wrote, “Few things gladden the heart of a patent litigator more than to enter into a contingency fee agreement with a patent owner whose patent has been infringed by a Fortune 500 company that does business throughout the United States. This is especially true if at least a single act of infringement has occurred within the geographic boundaries of the Eastern District of Texas.” 

The article discusses a case pending before the U.S. Court of Appeals for the Federal Circuit which may level the playing field.

Michael Schade Returns to Dunlap Codding as Senior Counsel
Posted Apr 7, 2016 at 14:29 pm See More

OKLAHOMA CITY, OKLAHOMA—April 5, 2016—Dunlap Codding is pleased to announce that Michael A. Schade has returned to the firm as Senior Counsel and Biotechnology Practice Group Leader.  His practice includes all areas of intellectual property law including patent, trademark, copyright, technology, and e-commerce and assists clients with intellectual property matters requiring litigation, licensing, technology counseling and complex transactions.  Nicholas D. Rouse, Dunlap Codding’s Managing Shareholder, said, “We are delighted that Michael has chosen to rejoin us.  His skills and the experience he brings from his in-house position at the University of Oklahoma will enhance our ability to serve clients.” 

Prior to his return, Schade had served for several years as the Senior Director of Intellectual Property and Staff Attorney at the University of Oklahoma.  In that role, he was responsible for the oversight and management of the University’s patent portfolio in order to maximize the economic impact of such assets to increase revenue for the University and the State of Oklahoma.  He also provided substantive intellectual property input to the State of Oklahoma’s federal legislators regarding the impact of federal patent legislation. 

He is registered to practice before the United States Patent and Trademark Office. He particularly enjoys working with clients to complete the process of acquiring and/or commercializing intellectual property assets as well as portfolio management, licensing and transactional matters.

Schade’s scientific background has focused on all areas of biotechnology and life sciences (including molecular biology, cell biology, glycobiology, biochemistry, developmental biology, immunology, microbiology, virology, and genetics; pharmaceutical compositions; molecular diagnostics and techniques; medical devices and equipment) as well as chemistry and chemical engineering. He has significant experience in providing strategic and tactical intellectual property counsel to individual clients, universities, large pharmaceutical and manufacturing companies, and start-up biotechnology companies. 

He is currently an Adjunct Professor and Lecturer of Law at the University of Oklahoma College of Law. Schade received his J.D. degree and his B.S. in Biochemistry, magna cum laude, from that same institution. 

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 Director Jordan Sigale Quoted in Law360 re Apple-Samsung Case
Posted Mar 24, 2016 at 8:24 am See More

On March 21, 2016, Ryan Davis quoted Dunlap Codding Director Jordan Sigale in “Justices May Weaken Design Patents in Apple-Samsung Case,” published in Law360.  The article focused on the U.S. Supreme Court’s decision on Monday to review the damages test for design patents, and Davis noted that the decision further prolonged the “bitter, $400 million smartphone war between Apple and Samsung.”  Attorneys interviewed for the article said the decision had the potential to diminish the power of design patents. 

Jordan Sigale was quoted as saying, “If the court does change the damages standard, it should take care not to undermine the value of design patents….Many design patent owners likely don’t need to recover the full profits of infringers, but they should still be able to get damages that are sufficient to deter infringement….I hope this isn’t a setback for design patent law….The value of design patents is still significant and I hope whatever happens in this case doesn’t negate that.” 

Davis observed, ” While the outcome of the case is difficult to predict, it is clear that the high court’s decision to delve into the closely watched issue will keep the years long battle between Apple and Samsung raging for months to come.”

Sigale concluded by saying, “They’re farther away from a settlement than they ever could have been….We almost have to hear from the court.  It would be a shame if they withdrew it.”

Dunlap Codding Director Jordan Sigale Quoted in Law360
Posted Mar 17, 2016 at 8:45 am See More

On Monday, March 14, 2016, Erin Coe wrote the first of a two-part article on “Three Reasons IP Specialists Have an Edge at Trial.”  Coe’s said, “When attorneys center on patent and other IP matters, and especially when they are skilled at both prosecuting and litigating patents, there are few surprises that catch them off guard at trial, according to lawyers.”  Dunlap Codding Director Jordan Sigale was quoted extensively. 

“I don’t just do patent litigation and prosecution; I also handle trademark and trade secret matters and the whole IP gamut….There is little that comes up at trial, and more importantly, in depositions, that I’m not prepared for.  Generalists can’t say that.  Having the breadth of knowledge in IP, and particularly in patent law and prosecution, is an immense advantage for a litigator. 

Coe wrote, “When a witness testifies about how an invention was developed or what happened with an application at the patent office, litigators with patent prosecution experience can delve deeper in their direct examinations and cross-examinations, according to Sigale.” 

Sigale said, “When you have experience with patent prosecution, you know how the process goes and what to expect….You can get to the bottom of an opposing witness’ testimony and refute it, or when it’s your client’s patent, support it.  That experience also helps you get the witness, judge or jury where they need to get.”

Dunlap Codding Shareholder Douglas J. Sorocco Named A 2016 BTI Client Service All Star
Posted Feb 28, 2016 at 11:25 am See More

OKLAHOMA CITY, OKLAHOMA—March 1, 2016—Dunlap Codding is pleased to announce that Douglas J. Sorocco has been selected as a 2016 Client Service All Star based on interviews with more than 300 general counsel and legal decision-makers, according to BTI Consulting Group.  Doug was one of only 30 IP attorneys in the country chosen because of their focus on “client needs and goals, thought leadership, business understanding, legal skills, good value and outstanding results.”  BTI president and founder Michael Rynowecer said that one reason these IP attorneys stood out to clients was “because of their ability to provide IP strategy in a way that enhances a company’s goals….These attorneys look beyond the patent, trademark or IP issue in front of them and see the broader perspective….They see the impacts of IP law and where it is headed and provide advice, like when clients ought to change the way they apply for protection to avoid exposure or risk.” 

Dunlap Codding’s Managing Shareholder Nicholas D. Rouse said, “We have always known that Doug sets the gold standard for providing strategic counsel and superlative client service.  All of us at the firm continuously strive to emulate the example he sets.” 

Sorocco 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.  He is an adjunct faculty member at the Oklahoma City University School of Law and in the Physiology Department at the University of Oklahoma’s Health Sciences Center.

Dunlap Codding Director Jordan Sigale Quoted in Bloomberg BNA re Patents
Posted Feb 13, 2016 at 5:13 am See More

Jordan Sigale was quoted in “Stakeholders Agree with Fed. Cir.’s Discount of Severe Patent Exhaustion Consequences,” by Tony Dutra in the February 16 issue of Bloomberg BNA’s Patent, Trademark & Copyright Journal.   Dutra wrote, “The biotechnology and pharmaceutical industries received a win with the Federal Circuit majority opinion downplaying the concerns of high-tech sector and retaining its current standards on the reuse and resale of patented products.  Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 2014-1617 (Fed. Cir. Feb. 12, 2016).”    

Dutra went on to say that the majority opinion expressed concern for the “likely disruption” in the drug industry should it change the standards.  Sigale agreed with the court’s view and said, “In the absence of this rule, drug companies would presumably have to minimize the disparity in drug prices between the U.S. and non-U.S. markets….Whether that would result in a benefit to U.S. citizens or a detriment to the rest of the world is the subject of a PhD dissertation.  More importantly for this court, basing any decision on that type of argument would seem more suited for Congress than the judiciary.” 

Dutra wrote, “Sigale…noted that the decision here—sticking with existing standards, absent evidence of serious problems with them—”sounds a lot” like the Supreme Court’s 2015 ruling in Kimble v. Marvel Entm’t, LLC.  Sigale went on to observe that “non-exhaustion of U.S. patent rights based on a first foreign sale enjoys and long and un-varied history.  And notwithstanding that history of non-exhaustion, doomsday predictions have not materialized.”

Emily Campbell Quoted in Bloomberg BNA Article re Warner Bros. Case Against LegendSky
Posted Feb 2, 2016 at 17:14 pm See More

Anandashankar Mazumdar’s January 29 article in Bloomberg BNA, Latest Play in Cat-and-Mouse Game May Be Winner for Warner,” quotes Dunlap Codding Shareholder Emily E. Campbell. 

Mazumdar wrote, “On its face, a recent lawsuit by Warner Bros. and an Intel Corp. licensee of anti-copying technology seems to have a very strong case, according to observers who spoke with Bloomberg BNA. 

Warner Bros. Entertainment Inc. and Digital Content Protection LLC recently brought claims of violations of the anti-circumvention provisions of the Digital Millennium Copyright Act of 1998, 17 U.S.C. §1201, against a Chinese manufacturer of devices that help get around digital locks on what is being called Ultra-HD Blu-ray discs or 4K Blu-ray. Digital Content Protection, LLC v. LegendSky Tech Co. Ltd., No. 15-10169 ( S.D.N.Y. complaint filed December 31, 2015).” 

Campbell commented, “This case is certainly a cat-and-mouse chase played out in real life but, legally speaking, I think Warner Brothers and DCP have a really strong DMCA case…..Taking a step back and looking at the bigger picture, there are arguably some legitimate uses for the devices….This case reiterates how copyright law chases technology and the need for dynamic laws that adapt to advances in technology.”

Dunlap Codding’s Julie Langdon to Ring the Closing Bell at the NYSE
Posted Jan 28, 2016 at 7:00 am See More

Dunlap Codding attorney Julie L. Langdon will represent Women in Bio to help them celebrate their 15th anniversary by ringing the closing bell at the New York Stock Exchange on January 28, 2016.  Julie serves as the National Membership Committee Vice Chair for the organization.

Julie L. Langdon Named to Illinois Rising Stars List 2016
Posted Jan 18, 2016 at 10:44 am See More

CHICAGO, ILLINOIS—January 18, 2016—Dunlap Codding is pleased to announce that Julie L. Langdon has been named to the Illinois Rising Stars 2016 list for Intellectual Property Litigation as one of the top up-and-coming attorneys in the state. Langdon has selected as a Rising Star since 2012.  Each year, no more than 2.5 percent of the lawyers in a state receive this honor.  

Langdon’s practice encompasses a number of areas of intellectual property law, including litigation, licensing, counseling, and asset protection of copyrights, trademarks, patents, and trade secrets. Her primary practice is patent litigation with a concentration in the areas of biotechnology and life sciences, chemical, and pharmaceutical arts. 

Langdon received her Juris Doctor degree from the DePaul University College of Law in 2006. In 2002, she obtained an M.S. in Forensic Science with a concentration in biotechnology from Florida International University in Miami, FL, and in 1999, She obtained her undergraduate degree from the State University of New York at New Paltz in Cellular Biology and Biotechnology.  She is registered to practice before the United States Patent and Trademark Office as well as before the U.S. District Court, Northern District of Illinois, the U.S. District Court, Eastern District of Michigan, and the United States Court of Appeals for the Federal Circuit. 

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.

Julie L. Langdon’s Article Published in GEN—Genetic Engineering & Biotechnology News
Posted Dec 21, 2015 at 16:19 pm See More

On December 17, 2015, GEN published “Potential Patenting Challenges for 3D Printed Organs,” authored by Julie L. Langdon.  Julie’s article offers a review of recent court decisions providing insight into the patent eligibility of 3D organs.   Julie concluded, “It appears that neither Section 33(a) of the AIA or Section 101 of the Patent Act will interfere with patent claims directed to 3D organs or bioprinting; however, as the laws continue to evolve, and 3D organs become more advanced and more like real organs, these are issues that should be re-visited.”

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DC On Film Row

About DC on Film Row

DC on Film Row is a free event space open to everyone in our community.

We like to say that the space is a “home for creatives and innovators, home builders and the homeless, celebrators and the celebrated” so people understand that we are inclusive and want everyone from throughout our community using our space.

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.

The space has hosted everything from charitable fundraisers to an underground nightclub party to celebrate Canterbury Choral Society’s 45th anniversary season. We host dinners for the OKC homeless population most Monday evenings where upwards of 250 people are served—we provide the space and soft drinks and a local church provides the food. We’ve hosted university planning retreats and monthly local rock concerts.

Every Wednesday, we open up the courtyard for lunch, invite a local food truck to set up outside our gates, and welcome our downtown neighbors into the space for a bit of socialization.

Our never-ending soda fountain seems to be the biggest hit with some of our neighbors while others spend time playing pool or simply chatting about what is happening on the weekend.

For October we turn the space into a haunted house and invite the neighborhood children to come out and trick-or-treat.

Got an idea for how to use the space? Just ask us – we’re almost certain to say yes!

Industries Served

Biotechnology

LIFE SCIENCES AND BIOCHEMISTRY
Leveraging Patent Portfolios

Our professionals routinely assist legacy and start-up companies in the acquisition and exploitation of patent portfolios of cutting edge research in the areas of pharmaceuticals, drug formulation, medical technology, drug screening, inflammation inhibitors, regulation of skin pigmentation, testing for environmental pollution, novel treatments of septic shock, and water and food quality testing.  We have an exceptional track record in identifying and protecting inventions involving:

  • Pain regulation
  • Tissue grafting
  • Cloning/gene expression/protein production, isolation and characterization
  • Cell surface expressional
  • Medical/surgical anesthetic devices
  • Biocidal formulations and coatings
  • Toxicity screening
  • Enzymatic activity assays
  • Drug delivery systems
  • Developing Portfolio Strategy

We believe that a pragmatic and strategic approach is necessary to ensure that every portfolio is strong on defense as well as on offense. Whether it is a core, a platform, a fence-picket or a poker-chip technology, Dunlap Codding has the depth of experience and tools necessary to help our clients determine whether it is an asset or simply just an expense.

Chemistry and Chemicals

Chemistry is one of the fundamental foundations of science and technology. Emerging chemical research and experimentation continually produce innovations that shape the field of raw materials and affects the lives of every person on the planet.

Dunlap Codding is fortunate to work with and contribute to the success of many of the leading researchers and entrepreneurs in these areas. From nano-fibers to synthetic and recombinant polymers, Dunlap Codding consistently provides clients with broad-based, cost-effective patent prosecution in the chemical arts.

The depth of our skill and experience is unmatched in our region. We represent several of the largest chemical companies in the world and have shepherded the development of complex patent portfolios and transactional items.

Selected Clients

Invista S.a.r.l. is one of the world’s largest integrated fibers and polymers businesses. The company has a powerful portfolio of some of the most recognized global brands—Lycra®, Stainmaster®, Cordura®—for example. Built on a heritage of innovation, Invista owns more than 700 unique pending or granted U.S. patents, with corresponding patents in nearly all the countries where they have a business presence. We were honored to be one of Invista’s preferred providers of intellectual property services supporting their chemical intermediates and performance fiber initiatives. As part of these efforts, we wrote and prosecuted patents on hundreds of Invista technologies and provided strategic planning and facilitated innovation services to maintain Invista’s technological lead. Notably, Invista relied on our chemical engineering and chemistry expertise for transactional matters requiring complex reviews of freedom to operate, infringement, and invalidity concerns. Recently we provided Invista with the due diligence analysis and opinions required for the placement and construction of a chemical plan requiring a capital investment of more than $1 billion dollars.

Cristal USA Inc. is the United States arm of Cristal Arabia, one of the largest titanium dioxide and performance chemicals producers in the world. As part of our representation of Cristal, we are responsible for the strategic development and management of Cristal’s intellectual property portfolio, including the patent assets of Millennium Inorganic Chemicals—a wholly owned subsidiary of Cristal. Cristal and Millennium’s technologies encompass titanium dioxide, titanium metal, performance chemicals, and DeNOx technologies for removing nitrous oxide from the exhaust of internal combustion engines. We have developed a proprietary process for the identification of patenting opportunities, and use the process in facilitated sessions with technical and business personnel of Millennium. This proprietary process currently tracks more than 100 companies and approximately 1,000 intellectual property documents.

We work with DuPont Performance Elastomers to facilitate the development of new technologies and patenting strategies around DPE’s core elastomer technologies. In addition to such strategic planning, we provide assistance and guidance to DuPont’s in-house legal staff and technical champions.

Technology Focus:
Nanotechnology

We obtained multiple patent families for Dr. Daniel Resasco, a University of Oklahoma professor of chemical engineering. Dr. Resasco’s pioneering work in sulfur tolerant catalysts and nanotechnology resulted in the first method for making carbon nanotubes in commercial quantities.

Surface Technology

We represent international chemical companies such as SDC Technologies Inc., a world leader in the development and manufacturing of polymeric high-performance abrasion resistant coating systems for application to plastic and glass materials. Dunlap Codding helped SDC develop patent portfolios involving several chemical arts such as nanotechnology, material sciences, and state of the art functional surface coating technologies. SDC’s considerable patent portfolio secured its position as a world-wide industry leader providing the chemical marketplace with enhancements required for the materials of tomorrow.

Polymers

We work extensively with clients involved with polymers, polymeric coating compositions and resinous compositions having enhanced color, optical clarity, thermal shock, and impact resistance. Dunlap Codding obtained patent protection for Dr. William Franks’ innovative methods for polymerizing soybean oil. Dr. Franks’ methods led to the development of the first commercially available one hundred percent soybean oil based inks. Dunlap Codding also has expertise in the areas of petrochemicals and water repellent compositions for cellulose containing materials.

Environmental & Green Technologies

We have procured patent rights in various fields of environmental science. Dunlap Codding obtained patents for one of the first water-based inks that is completely free of volatile organic compounds. These inks are water-resistant upon curing and can be printed on polymer films. The inks have won numerous awards and accolades for the impact they have had on environmental quality and safety. Dunlap Codding was also privileged to successfully prosecute the patent that protects the state of the art technology for using sophisticated surfactants to remediate underground pollution. This new technology may also revolutionize the household detergent industry.

The challenges inherent in the specialized field of procuring and protecting chemical intellectual property rights mandate working with legal experts who are well versed in the chemical arts. Our diverse and knowledgeable team of patent attorneys and agents includes former research chemists with extensive chemical background at the doctoral level, a wealth of scientific knowledge gained from industry experience and a former corporate patent general counsel having responsibility for a chemical subsidiary of a major corporation.

Life Sciences

We provide the insight and practical advice required by innovative companies to compete effectively in the marketplace.

Over the past 20 years, life sciences, biotechnology, and pharmaceutical ventures set new records for research and capital investment. Just as the life sciences are the building blocks of life itself, new biotechnologies consistently push the intellectual property envelope, requiring highly specialized and focused representation. Dunlap Codding assists many of these emerging growth companies in the development of their business plans, as well as securing strategic life science patent portfolios that are used for offense as well as defense.

Our life sciences and pharmaceutical practice has grown with the evolving needs of our clients. This evolution is evident in the increased number of Ph.D. level scientists moving into the field of patent prosecution. Along with our experienced patent professionals, top caliber technical advisors having varied academic and industry backgrounds complete our Life Sciences and Pharmaceuticals Practice Group.

Our proficiencies are a reflection of our extensive legal and scientific backgrounds including Doctorate and other advanced degrees in Chemistry, Botany, Plant Physiology, Population, Biochemistry and Molecular Biology. We have also served as adjunct faculty members at several universities including the University of Oklahoma Health Sciences Center and Oklahoma City University School of Law.

Our clients benefit from our professionalism, efficiency, and devotion to their individual intellectual property needs. We provide advice and counseling to medical and biotechnology companies including high-tech startups, university laboratories, research institutions, and established biotechnology pioneers.

We provide the personal attention that results in successful patent portfolios. Dunlap Codding’s expertise extends into all areas of biotechnology including glycobiology, biochemistry, immunology, microbiology, virology, genetics, developmental biology, cell biology, molecular biology, pharmaceutical compositions, molecular diagnostics and techniques, and medical devices and equipment.

A Strategic Partnering Example—Medical Devices/Biotechnology
For a client with a medical device designed to maintain blood flow, we performed a complete state of the art search, analyzing more than 300 references. The current “map” contains more than 1,000 references—patent, technical, and literature.

  • We brainstormed with engineering, legal, business and marketing teams to develop a hierarchy of chokepoints and “white space.”
  • We facilitated innovation strategy meetings and currently maintain an online and proprietary database including visualization tools focused on the information collected and analyzed.
  • We helped the client develop a patent strategy with a specific goal of market entry.  Market entry was achieved within 18 months of project initiation.
Additional highlights of include:
Cutting Edge Biotechnology

We were instrumental in securing intellectual property protection for the first process for producing individual endogenously loaded soluble HLA molecules and on the first recombinant methods for producing hyaluronic acid, chondroitin, and heparin. These patent portfolios have led to the creation of five biotechnology companies in several Oklahoma and Texas metroplexes.

We were instrumental in securing broad platform intellectual property protection for preconditioning and treatment of an intrinsic cardiac nervous system using an implantable electrical stimulus.

Immunology

We secured pioneering intellectual property protection for the first process for producing individual endogenously loaded soluble major histocompatibility complex (MHC) molecules. Our deep experience and skill in this area also extends to methods and processes for producing T Cell Receptor-mimics (TCRm) and the use of such mimics for the creation of peptides and antibodies for use in vaccines as well as assaying the potency of vaccines. We are pleased to have represented more than 12 U.S. and/or international companies in the field of immunology and we prosecute more than 100 patent applications worldwide per year on immunology-linked inventions.

We also have specific knowledge and experience in the areas of immune modulation, including the induction of targeted immune responses and the induction of specific immune tolerance, and antibody removal for transplantation technologies.

Oncology

We treat the field of oncology with a multi-disciplinary approach. Most biochemical inventions either have or hope to have some impact on the field of oncology. As such, our approach is to create a team of professionals with diverse backgrounds who can effectively and proactively protect a client’s oncology innovations. For example, we prosecuted and obtained the patent portfolio covering the fire recombinant methods for producing hyaluronic acid, chondroitin, and heparin. These glycosaminoglycans show excellent promise for oncological applications and we have extended the portfolio to cover their use as therapeutic and diagnostic tools. Additionally, many of our immunology clients perform research in the field of oncologic therapeutics—including the use of antibodies, cytolytic delivery of peptides, or conjugates for the targeting and treatment of specific forms of cancer, as well as other methods of upregulating the immune system to recognize cancerous cells as foreign. We are also experienced in diagnostic oncologic technologies, including the use of biomarkers and other diagnostic platforms for identification, progression, metastasis and prognosis.