This announcement originally appeared at www.uspto.gov.  Click here to view the press release issued by the USPTO.

Mr. Bidwell’s practice encompasses all aspects of international and domestic trademark prosecution, including enforcement, protection and portfolio management. Bradley also has experience with domestic and international in-use investigations, and trademark prosecution before the United States Patent and Trademark Office. 

Mr. Bidwell holds a B.A. in Arts in Sociology and Anthropology, Cum Laude from Kalamazoo College and a J.D. degree from Wayne State University Law School. He is a member of the State Bar of Michigan, American Bar Association, as well as the American Bar Association Intellectual Property Law, Science and Technology Law, and International Law sections.

Mr. Bidwell was born in Midland, Michigan and currently resides in Detroit. 

Rader, Fishman & Grauer is a national intellectual property law firm in the United States, ranking annually in the top 10 percent in the number of new patents and trademarks obtained nationwide (IP Today).  The firm is a leader in intellectual property litigation and operates its own high-tech courtroom.  Its practice is focused exclusively on patents, trademarks, copyrights, trade secrets and associated litigation, licensing, freedom-to-use opinions and due diligence investigations.  Rader, Fishman & Grauer attorneys provide intellectual property legal counsel and services globally from offices in Bloomfield Hills, Michigan; Washington, D.C.; Orange County, California; Silicon Valley, California and Tokyo.

See Bradley Bidwell’s biography.

U.S. News – Best Lawyers has recognized Rader, Fishman & Grauer PLLC in the practice area of Intellectual Property, including two Tier 1 and two Tier 2 rankings:

Detroit Tier 1:

Litigation – Intellectual Property

Litigation – Patent

Detroit Tier 2:

Patent Law

Trademark Law

These rankings, which are presented in tiers, showcase 9,633 different law firms ranked nationally in one or more of 75 major legal practice areas and in metropolitan or state rankings in one or more of 119 major legal practice areas.  Full data for the law firms that received rankings is available online, from the largest firms in the country to hundreds of one-person and two-person law firms, providing a comprehensive view of the U.S. legal profession that is unprecedented both in the range of firms represented and in the range of qualitative and quantitative data used to develop the rankings. Achieving a high ranking is a special distinction that signals a unique combination of excellence and breadth of expertise.

Earlier this year Rader, Fishman & Grauer Partners R. Terrance Rader, Michael D. Fishman and Michael B. Stewart were recognized by Best Lawyers® and included in the 2012 list of The Best Lawyers in America®.  Best Lawyers® is the oldest and most respected peer-review publication in the legal profession.

The Rader, Fishman & Grauer listed Michigan Super Lawyers for 2011 and the practice areas for which they were recognized are: 

• R. Terrance Rader – Intellectual Property Litigation
• Glenn E. Forbis – Intellectual Property Litigation
• Thomas E. Bejin – Intellectual Property Litigation
• Michael D. Fishman – Intellectual Property
• Kristin L. Murphy – Intellectual Property
• Michael B. Stewart  – Intellectual Property

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

The first Super Lawyers list was published in 1991 and by 2009 the rating service had expanded nationwide.  In February 2010 Super Lawyers was acquired by Thomson Reuters.

The State Bar of Michigan IT Law Section strives to assist its members in staying up to date and informed in a legal environment that is sometimes volatile and always in flux.  IT Law is an exciting cross-disciplinary practice area that is growing in importance as electronic communications and interactions continue to become more prevalent in the U.S. and abroad. 

Charles Bieneman is a partner at Rader, Fishman & Grauer PLLC. He uses his special expertise in computer software to prepare patent applications and to litigate for clients in a variety of sectors. Charles also has significant experience in patent and software licensing transactions, as well as transactions involving software development.  Prior to joining Rader, Fishman & Grauer Charles was a Patent Examiner with the U.S. Patent and Trademark office, where he examined claimed inventions in the areas of computer software, databases, and the World Wide Web. 

Charles previously served as Treasurer, Secretary, and Chair-elect of the IT Law Section. Charles also has served as Moderator at the information Technology Seminars presented by the IT Section of the State Bar of Michigan in cooperation with the Institute of Continuing Legal Education (ICLE) for the past four years. 

Charles Bieneman holds a J.D., cum laude from the  University of Michigan Law School ; a  B.S. in Computer Science from the University of Maryland and a Bachelor of Arts from St. John’s College in Santa Fe.  

Rader, Fishman & Grauer Partner Michael B. Stewart has been appointed to serve as Vice Chair of the Public Education Committee by the American Intellectual Property Law Association (AIPLA). 

The AIPLA is a national bar association constituted primarily of lawyers involved in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property. The AIPLA serves the public by providing education as to the daily value and benefits of a strong intellectual property system, assisting them with objective and unbiased analysis, and helping establish and maintain fair and effective global laws and policies that stimulate and reward innovation and creative works in keeping with the public interest.  

Michael B. Stewart is a founding partner at Rader, Fishman & Grauer PLLC.   He has worked in a wide range of technical areas in domestic and foreign intellectual property matters, including merger and acquisitions, prosecution and litigation.  Stewart’s breadth of experience has enabled him to apply a comprehensive, cross-disciplinary approach to maximize the scope of intellectual property protection and beneficial usage for his clients.  Stewart has been recognized by Crain’s Detroit Business as a “40 Under 40” business leader to watch.  He also is listed in Who’s Who in the World and Who’s Who in American Law,  Best Lawyers in America, Michigan Super Lawyers and the Lexis Nexis Martindale Hubbell Bar Register of Preeminent Lawyers.

Substantial revisions to US patent law have been proposed numerous times over the past decade with no real expectation of passage until now, and with the expectation that the revisions will promote job creation.  After passing the United States House of Representatives and the United States Senate with overwhelming support, the Leahy-Smith America Invents Act (H.R. 1249 and S. 23) was signed into law by President Obama on September 16, 2011. 

Several of the most important changes are summarized below.  This list is by no means exhaustive and merely provides highlights of some of the most important provisions. 

Satellite Offices

The USPTO is required to establish a pilot satellite Detroit Office and two more satellite offices within three years.  For many of our clients, having personal access to Examiners at both our Washington, DC office as well as our Detroit office, which is anticipated to hire hundreds of examiners, may prove very beneficial.

Important Fee Changes

The new law provides for increased fees – a 15% surcharge, for almost all fees, including fees for original filings, examination, continued examination and maintenance.  These new fees go into effect ten (10) days after enactment, i.e., September 26, 2011.  Thus, it may make sense to take certain actions in the next week.  Please contact us if you would like to discuss specifics for any of your pending matters.

First Inventor to File

The United States has long operated under a “first-to-invent” system where patent rights are granted to the patent applicant who actually invented the claimed invention first, even if someone else filed for patent protection first.  When an inventor conceives of an invention and diligently reduces the invention to practice (by filing a patent application, by practicing the invention, etc.), the inventor’s date of invention will be the date of conception.  Under the new law, the U.S. patent system falls in line with most other nations, which use a “first-to-file” system, based on the patent application filing date.   The “first-to-file” will take effect on Feb. 19, 2013.  Planning for this transition will undoubtedly be important for many and use of provisional patent applications in certain situations may be warranted after the effective date of this provision.

Defense to Infringement Based on Earlier Inventor

U.S. law has long allowed alleged patent infringers to employ a “prior-use” defense when a patent is a business method patent and the accused infringer can show that he had practiced the claimed method in the U.S., more than a year prior to the patent’s filing date.  Other countries have a much more expansive prior-use regime.  The new law proposes changes where 1) the prior-use defense may be asserted against any patent, regardless of subject matter, 2) the defense cannot be asserted if the subject matter was derived from the patent holder or persons in privity with the patent holder; and 3), the defense cannot be asserted unless the prior user both reduced the subject matter of the patent to practice and commercially used it at least one (1) year before the effective filing date of the patent or the date that the patentee publicly disclosed the invention and invoked the § 102(b) grace period, whichever is earlier. 

 Marking

 Virtual Marking

The law modifies the patent marking requirement such that it would permit patentees to “virtually mark” their products by labeling the articles with an address of a publicly available website that associates the patented article with a patent number.

False Marking

In order to quell a “recent surge” in qui tam false marking litigation, the law mandates that only the United States Government can seek the $500-per-article fine (which previously was split between the government and a party bringing a false marking claim).  Third party competitors could only recover in relation to the actual damages (if any can be proven) that they have suffered as a result of false marking.  Marking with an expired patent is “not a violation of this section.”

 Transitional Program for Covered Business Method Patents

The new law also includes proposed changes to address concerns regarding the large numbers of questionable business method patents issued during the late 1990’s through the early 2000’s that led to numerous lawsuits and compelled the Committee to launch the patent reform project six (6) years ago due to an alleged lack of examiners and a dearth of available prior art.  The Act would require the USPTO to implement a provisional post-grant proceeding for review of the validity of any business method patent, establish regulations for this transitional program and mandate that the program last ten (10) years after the regulations are issued.

Post Grant Review Procedures & Inter Partes Review

The new law provides for a “post grant review proceeding,” that allows anyone, except the patent owner, to petition for cancellation of a patent claim based on any ground of invalidity.  The petition must be filed within nine (9) months after issuance of the patent. 

Petitions for inter partes review may be filed after nine (9) months following the issuance of the patent or after termination of a post grant review procedure, whichever is later.  However, inter partes review is limited to invalidity challenges based on prior art patents and publications.  A patent owner is permitted to raise a preliminary challenge against the institution of an inter partes review.

 Conclusion

While not everyone agrees with the changes that have been implemented, at least the uncertainty of the past several years is now at an end.  A majority of the provisions will take effect immediately and a select set of provisions take effect one (1) or more years following the date of enactment and shall apply to any patent issued on or after that date. If you have further questions or concerns regarding the pending legislation, a full copy of the Leahy-Smith America Invents Act may be found at S. 23 and the House Report may be found at H.R. 1249, or contact any Rader, Fishman & Grauer attorney directly at (248) 594-0600.

To view a more extensive version of this article in PDF form click here

The Rader, Fishman & Grauer partners chosen as Best Lawyers In America®  are highly experienced intellectual property lawyers whose practices focus on patent, trademark, copyright and trade secret strategies, litigation and licensing.

R. Terrance Rader, a founding member of the firm, has been trial counsel in more than 400 federal lawsuits involving intellectual property. During the last 30 years, he has tried at least 75 cases, including 21 jury trials. The majority of the cases were patent infringement actions. Rader has more than three decades of experience in patent, trademark and trade secret litigation appearing before U.S. District Courts across the United States and the Court of Appeals for the Federal Circuit. Rader is a former primary examiner for the U.S. Patent & Trademark Office.  In addition to being listed in Best Lawyers, Rader is also listed among Who’s Who in America, Who’s Who in American Law, Michigan Super Lawyers and the Lexis Nexis Martindale Hubbell Bar Register of Preeminent Lawyers.  Rader was also recognized by Best Lawyers as “Lawyer of The Year 2011” for Intellectual Property Law, Detroit Area.

Michael D. Fishman, a founding member of the firm, advises clients on building and managing their intellectual property portfolios to maximize opportunities for licensing, worldwide trademark filing, prosecution and domain name registration.  His practice focuses on trademarks, unfair competition and copyright issues.  Fishman has provided guidance to several trademark organizations and served on the editorial board of the Trademark Reporter published by the United States Trademark Association, 1989-1991. Fishman is also listed in Michigan Super Lawyers.

Michael B. Stewart, a founding member, has worked in a wide range of technical areas in domestic and foreign intellectual property matters, including merger and acquisitions, prosecution and litigation.  Stewart’s breadth of experience has enabled him to apply a comprehensive, cross-disciplinary approach to maximize the scope of intellectual property protection and beneficial usage for his clients.  In addition to being listed in Best Lawyers, Stewart has been recognized by Crain’s Detroit Business as a “40 Under 40” business leader to watch.  He is also listed in Who’s Who in the World and Who’s Who in American Law,  Michigan Super Lawyers and the Lexis Nexis Martindale Hubbell Bar Register of Preeminent Lawyers.

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 in which more than 41,000 leading attorneys cast almost 3.9 million votes 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.”

Mach brings more than 25 years of legal experience.  His early legal career was invested in Legal Services, where he served over time as a staff attorney and supervising attorney to become the Executive Director of a five county agency based in Lansing, MI.  Mach is admitted to practice before all State and Federal Courts including the Federal Eastern District of Michigan, 6th Circuit Court of Appeals, and the U.S. Supreme Court.

While at Wayne State University Law School, Mach was active with the student Free Legal Aid Clinic and later specialized in domestic relations law in St. Clair County, MI.  He has been a member of the State Bar of Michigan Representative Assembly, the State Bar Pro Bono Committee, and a founding member of the Michigan Pro Bono Coordinators Association.  He is currently on the Editorial Committee for the Engineering Society of Detroit.

Outside of the office Gary Mach is active in area community theatre, enjoys golf and woodworking.

Rader, Fishman & Grauer ranks annually in the top 10 percent in the number of new patents and trademarks obtained nationwide (IP Today).  The firm is a leader in intellectual property litigation and operates its own high-tech courtroom.  Its practice is focused exclusively on patents, trademarks, copyrights, trade secrets and associated litigation, licensing, freedom-to-use opinions and due diligence investigations.  Rader, Fishman & Grauer provides intellectual property legal counsel and services globally from offices in Bloomfield Hills, Michigan; Washington, DC; Orange County, CA; Silicon Valley, CA and Tokyo.

See Gary E. Mach biography

Gary is admitted to practice before all State and Federal Courts including the Federal Eastern District of Michigan, 6^th Circuit Court of Appeals, and the U.S. Supreme Court.

While at Wayne State University Law School, Gary was active with the student Free Legal Aid Clinic and later specialized in domestic relations law in St. Clair County, MI. He has been a member of the State Bar of Michigan Representative Assembly, the State Bar Pro Bono Committee, and a founding member of the Michigan Pro Bono Coordinators Association.  He is currently on the Editorial Committee for the Engineering Society of Detroit.

Gary holds a J.D. degree from Wayne State University (1985) and a B.A. Communications (cum laude) from OaklandUniversity (1975).

Outside of the office Gary is active in area community theatre, enjoys golf and woodworking, and especially home life with wife Georgeann and their therapy dog Kula.