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VIRGINIA LAWYER REGISTER the Official Publication of the Virginia State Bar Virginia LawyerVOL. 67/NO. 6 • April 2019 VIRGINIA LAWYER REGISTER The Official Publication of the Virginia State Bar Todd A. Pilot The Trademark Institute Intellectual Property Virginia Is for Inventors Beyond Trademark Registration Applying IPR Estoppel in District Court Trade Secrets Law Plus, A 1970s Virginia Law Student’s View of the Watergate Hearings Virginia Lawyer The Official Publication of the Virginia State Bar April 2019 Volume 67/Number 6 Features Noteworthy INTELLECTUAL PROPERTY LAW VSB NEWS 18 Virginia is for Inventors 46 Highlights of the February 23, 2019, 19 Intellectual Property Law Section: Active and Welcoming Virginia State Bar Council Meeting by Timothy J. Lockhart, chair, and Robert M. Tyler, chair-elect 20 How Inter Partes Review Estoppel Applies (or Does Not Apply) in District Court by P. Andrew Riley 24 Virginia Tech’s Innovation Campus to Spawn New 46 Annual Criminal Law Seminar Patent Ecosystem in Northern Virginia Addresses Reforms and Issues by Philippe Signore 47 Vote in 2019 Bar Council Elections 26 A Fresh Look: The Defend Trade Secrets Act and Recent Developments 47 Bar Welcomes by Charles B. Molster III and Mary C. Zinsner Cameron Rountree as Deputy Executive 30 Beyond Trademark Registration: What Companies Need to Know About Director Protecting Their Trademark Rights 48 The Bar’s Special by Robin Cooke Vance Committee on the 34 Always in Style: Intellectual Property in Clothing and Fashion Brands Future of Law Practice Releases by Joan Bellefield Davis Final Report 48 Conference of Local and Specialty Bar Associations GENERAL INTEREST 49 In Memoriam 37 Todd Pilot: Java Jackets, Physics, and the Meat Department by Deirdre Norman 39 The Watergate Scandal: What a Law Student Learned About Departments the Rule of Law by Frederick M. Bruner 6 Forum 42 Renters and Landlords Benefit from Virginia Reforms 58 CLE Calendar by Helen Hardiman and Clarence Dunnaville 63 81st Annual Meeting 67 Professional Notices VIRGINIA LAWYER REGISTER 69 Classified Ads 70 Advertiser’s Index 60 Disciplinary Summaries 61 VSB Disciplinary Board to 61 Disciplinary Proceedings Hear Ann Bridgeforth Tribbey’s Reinstatement Petition on June 61 Supreme Court of Virginia Seeks 28, 2019 Comment on Proposed Change to Columns Rule 3.8 61 Peter W. Buchbauer Receives Family Law Section’s 2019 Lifetime 12 President’s Message 61 Supreme Court of Virginia Achievement Award Amends Rules on File Formats for 14 Executive Director’s Message Documents 61 Annual Meeting 16 Bar Counsel’s Message 61 MCLE Board Seeks Comments on 61 Indigent Criminal Defense Seminar 50 Law Libraries Amendments to MCLE Regulations 62 Clients’ Protection Fund Board 51 Risk Management 61 The Bar’s Special Committee on Pays $51,123 to Petitioners the Future of Law Practice Releases 52 Technology and the Practice of Law Final Report Cover: Intellectual property attorney Todd A. Pilot stands in front of a statue of President George Washington, who signed the U.S. Patent Act into law in 1790. Photo by Deirdre Norman. Post production by Sky Noir Photography. Virginia Lawyer Virginia State Bar The Official Publication of the Virginia State Bar 2018–19 OFFICERS 15th Circuit Leonard C. Heath Jr., President Jennifer L. Parrish, Fredericksburg www.vsb.org Marni E. Byrum, President-elect Doris Henderson Causey, Immediate Past 16th Circuit R. Lee Livingston, Charlottesville Editor: President Palma E. Pustilnik, Charlottesville Deirdre Norman Karen A. Gould, Executive Director and Chief ([email protected]) Operating Officer 17th Circuit EXECUTIVE COMMITTEE John H. Crouch, Arlington Creative Director: Leonard C. Heath Jr., President Adam D. Elfenbein, Arlington Caryn B. Persinger Marni E. Byrum, President-elect Jennifer S. Golden, Arlington ([email protected]) Doris Henderson Causey, Immediate Past Gregory T. Hunter, Arlington President William H. Miller, Arlington Assistant Editor: Brian L. Buniva, Richmond 18th Circuit Jackie Kruszewski Joseph M. Bowen, Tazewell Barbara S. Anderson, Alexandria ([email protected]) Eugene M. Elliott, Roanoke Stacey Rose Harris, Alexandria William E. Glover, Fredericksburg John K. Zwerling, Alexandria Advertising: LLM Publications Beverly P. Leatherbury, Eastville Ben Oerther Jay B. Myerson, Reston 19th Circuit ([email protected]) Brian C. Drummond, Fairfax CONFERENCE CHAIRS AND PRESIDENT David J. Gogal, Fairfax Conference of Local and Specialty Bar Richard A. Gray, Tysons Corner Associations – Charles M. Lollar Chidi I. James, Fairfax VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473) Diversity Conference – Luis A. Perez Douglas R. Kay, Tysons Corner is published six times a year by the Virginia State Bar, Senior Lawyers Conference – Carrollyn C. Cox Daniel B. Krisky, Fairfax Young Lawyers Conference – Brian T. Wesley 1111 East Main Street, Suite 700, Richmond, Virginia David L. Marks, Fairfax Gary H. Moliken, Fairfax COUNCIL 23219-0026; Telephone: (804) 775-0500. Subscription Jay B. Myerson, Reston Rates: $18.00 per year for non-members. This material 1st Circuit Nathan J. Olson, Fairfax is presented with the understanding that the publisher Andrew D. Kubovcik, Chesapeake Dennis J. Quinn, Tysons Wayne G. Travell, Tysons and the authors do not render any legal, accounting, 2nd Circuit Edward L. Weiner, Fairfax or other professional service. It is intended for use by Ryan G. Ferguson, Virginia Beach Michael M. York, Reston attorneys licensed to practice law in Virginia. Because of Steven G. Owen, Virginia Beach Daniel M. Schieble, Virginia Beach 20th Circuit the rapidly changing nature of the law, information Christine H. Mougin-Boal, Leesburg contained in this publication may become outdated. As 3rd Circuit Susan F. Pierce, Warrenton Nicholas D. Renninger, Portsmouth a result, an attorney using this material must always 21st Circuit research original sources of authority and update 4th Circuit G. Andrew Hall, Martinsville information to ensure accuracy when dealing with Ann B. Brogan, Norfolk Gary A. Bryant, Norfolk 22nd Circuit a specific client’s legal matters. In no event will the Neil S. Lowenstein, Norfolk Lee H. Turpin, Chatham authors, the reviewers, or the publisher be liable for 23rd Circuit any direct, indirect, or consequential damages resulting 5th Circuit Carl Phillips “Phil” Ferguson, Suffolk Eugene M. Elliott Jr., Roanoke from the use of this material. The views expressed herein K. Brett Marston, Roanoke 6th Circuit are not necessarily those of the Virginia State Bar. The 24th Circuit J. Daniel Vinson, Emporia inclusion of an advertisement herein does not include David B. Neumeyer, Lynchburg an endorsement by the Virginia State Bar of the goods 7th Circuit 25th Circuit or services of the advertiser, unless explicitly stated Benjamin M. Mason, Newport News William T. Wilson, Covington otherwise. Periodical postage paid at Richmond, 8th Circuit 26th Circuit Virginia, and other offices. Marqueta N. Tyson, Hampton Nancy M. Reed, Luray 9th Circuit 27th Circuit W. Hunter Old, Williamsburg R. Cord Hall, Christiansburg POSTMASTER: 10th Circuit 28th Circuit Send address changes to Charles H. Crowder III, South Hill William M. Moffet, Abingdon VIRGINIA LAWYER 11th Circuit 29th Circuit MEMBERSHIP DEPARTMENT Dale W. Pittman, Petersburg Joseph M. Bowen, Tazewell 1111 E MAIN ST STE 700 12th Circuit 30th Circuit RICHMOND VA 23219-0026 P. George Eliades II, Chester Greg D. Edwards, Jonesville 13th Circuit 31st Circuit Brian L. Buniva, Richmond Maryse C. Allen, Prince William Dabney J. Carr IV, Richmond Leah A. Darron, Richmond MEMBERS AT LARGE Christy E. Kiely, Richmond Nancy C. Dickenson, Abindgon Susheela Varky, Richmond Afshin Farashahi, Virginia Beach J. Tracy Walker IV, Richmond William E. Glover, Fredericksburg Henry I. Willett III, Richmond Eva N. Juncker, Falls Church Virginia State Bar Staff Directory Beverly P. Leatherbury, Eastville Frequently requested bar contact 14th Circuit B. Alan McGraw, Tazewell Craig B. Davis, Richmond Lenard T. Myers Jr., Norfolk information is available online at Stephanie E. Grana, Richmond Lonnie Dayton Nunley III, Richmond www.vsb.org/site/about/bar-staff. Marissa D. Mitchell, Henrico A. Benjamin Spencer, Charlottesville 4 VIRGINIA LAWYER | April 2019 | Vol. 67 www.vsb.org Forum Letters Send your letter to the editor to: [email protected] or Virginia State Bar, Virginia Lawyer Magazine, 1111 E Main St., Suite 700, Richmond VA 23219-0026 Confidential help for substance abuse problems and mental health issues. Letters published in Virginia Lawyer For more information, call our may be edited for length and clarity toll free number: and are subject to guidelines available at www.vsb.org/site/ (877) LHL-INVA publications/valawyer/. or visit www.valhl.org. Correction On page 40 of the February issue caption 7 mistakenly identified lawyer Laura Bladow’s mother as Angela. Her name is Sandra. We regret the error. Jest Is For All by Arnie Glick 6 VIRGINIA LAWYER | February 2019 | Vol. 67 www.vsb.org Forum A Landlord’s Point of View landlord can send out a “Five Day The February article, “A Tale of Two Delinquent Notice” is the sixth of the Evictions,” by Helen Hardiman and month. That is the statutory required Clarence M. Dunnaville Jr., begs for a notice to the delinquent tenant that response. After 41 years in the general the tenant must pay the rent within practice of law, I am now what a former five days of receipt of the notice or partner calls “a recovering lawyer,” vacate the premises. That day is also which means retired. Having acquired the point when the landlord can several residential rental properties, file, in the General District Court, a being a landlord now occupies my Summons for Unlawful Detainer to time. So, this missive is from that ask for the unpaid rent and possession standpoint. of the property. The minimum court First of all, owning/managing cost is $54. My experience is that a residential rental properties, whether court date is set for about 30 to 45 days they be apartment units or houses, hence. Keep in mind the tenant is still is a business with the goal of making in the premises. On that court date, a profit — it is not a social service the tenant may appear and ask for a continuance to get representation, or benefit to tenants.
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