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The Federal Circuit Bar Journal The Federal Circuit Bar Journal The National Quarterly Review of the United States Court of Appeals for the Federal Circuit Volume 25, Number 3 Published by Federal Circuit Bar Association The Federal Circuit Bar Journal Volume 25, Number 3 FACULTY EDITORIAL COMMITTEE Steven L. Schooner Joshua I. Schwartz John M. Whealan Professor Professor Associate Dean, Intellectual Property George Washington University Law School George Washington University Law School George Washington University Law School Washington, DC Washington, DC Washington, DC ASSOCIATION JOURNAL ADVISORY COMMITTEE Sharon Israel James F. Mckeown Charles F. Schill Chair, Law Journal Committee Crowell & Moring LLP Steptoe & Johnson LLP Mayer Brown, LLP Washington, DC Washington DC Houston, TX James E. Brookshire Executive Director Federal Circuit Bar Association Washington, DC FOUNDER Gerald H. Bjorge Novak Druce Washington, DC FEDERAL CIRCUIT BAR ASSOCIATION OFFICERS Edgar H. Haug, Esquire, Nicholas Groombridge, Esquire, President President-Elect Frommer Lawrence & Haug LLP Paul, Weiss, Rifkind, Wharton & Garrison LLP Washington, D.C. New York, NY Deborah Miron, Esquire, Robert Huffman, Esquire Treasurer Secretary United States Merit Systems Protection Board Akin Gump Strauss Hauer & Feld LLP Washington, D.C. Washington, D.C. EXECUTIVE DIRECTOR EX OFFICIO James E. Brookshire Daniel E. O’Toole Federal Circuit Bar Association Circuit Executive of the United States Washington, DC Court of Appeals for the Federal Circuit Washington, DC BOARD OF DIRECTORS Meredith (Mimi) Addy, Esquire Michael Esch, Esquire Deanna Tanner Okun, Esquire Katten Muchin Rosenman LLP Wilmer Cutler Pickering Hale & Dorr LLP Adduci, Mastriani & Schaumberg LLP Michael Bogdanow, Esquire Daniel P. Graham, Esquire David Ralston, Esquire United States Merit Systems Protection Board Vinson & Elkins Foley & Lardner LLP Jeffrey B. Bove, Esquire Sarah Harris, Esquire Joseph M. Reisman, Ph.D, Esquire Novak Druce Connolly Bove + Quigg LLP United States Patent & Trademark Office Knobbe Martens Olson & Bear LLP Eric C. Cohen, Esquire Martin Hockey, Esquire Neal Reynolds, Esquire Katten Muchin Rosenman LLP United States Department of Justice United States International Trade Commission William “Bill” Colwell, Esquire Laura Masurovsky, Esquire Northrop Grumman Corporation Finnegan Henderson Farabow Garrett & Emily Tait, Esquire Dunner LLP Honigman Miller Schwartz and Cohn Chris Cotropia, Esquire LLP Richmond Law School Sonal Mehta, Esquire Durie Tangri LLP Kristin Yohannan Robert Deberardine, Esquire Cadwalader Wickersham & Taft LLP Sanofi US ii Federal Circuit Bar Journal Student Editorial Board The George Washington University Law School 2015–2016 Editor-in-Chief Filemon Carrillo Executive Editor Managing Editor Ioana Cristei Evan Glover Miles McCann Senior Articles Editor Miles McCann Submissions Editor Brittany Aldredge Articles Editors Senior Notes Editor Ejaz Baluch Olajumoke Obayanju Ryan Cowdin Quentin Morgan Notes Editors Caroline Reaves Jose Calves Matthew Corkery Programs Editors Mynda Krato Michelle Bradshaw Aaron Levin Julia Kopcienski Christian Springer Senior Staff Members Sydney Allen Elyse Houston Neha Rao Daniel Banaszynski Pascal Johnson Parker Reid Pushpa Bhat Jezel Jones Eric Roberson Tabatha Blake Danielle Lanza Alexander Rogosa Sterling Chan Jeremy Laughton Stephen-Béla Cooper Seung Hyun Lee Kathryn Sadasivan Ashley-Anne Criss Yunshan Leng Sonia Shaikh Chandos Culleen Samantha Lewis Dilroop Sidhu Amitis Daranbia Ingrid Messbauer Joseph Spoerl Nathan Delmar Jason Mock Daniel Sutter Douglas Eden Rachel Morowitz Andrew Esposito Caitlin O’Donnell Tracy-Ann Ulett George Ryan Holton Kristin Parker-Fahey Jessica Wu Jennifer Hose Lauren Pyle Laurence Hooper Junior Staff Members Arjun Amernath Iran Garcia Domenech Heather Paik Kelsey Barnes David Hart Darby Rappuhn Jacky Beda Michael Hart-Slattery Megan Robertson Amanda Block Cem Islikci Brianna Ryan David Bly Angela Jimenez Natasha Boyadzieva Stephnie John Kevin Sipe Grace Brier Mario Kolev Timothy Snowball Brittany Crosby Gil Landau Wesley Stafford Jennifer Da Rin Ruohan Li Gesue Staltari Bud Davis Anna Lindrooth Caitlin Steele Johnny De Vito Sophia Luby Amy Swerdlow Kristin Elia Peter McDonald Rachel Engle Munachismo Okoji Smitha Uthaman Gabrielle Farkosh Megan Osborn Kent Walters Bailey Gallagher Neela Pack Edward Ward iii AS A SERVICE TO ITS MEMBERS, the Federal Circuit Bar Association publishes The Federal Circuit Bar Journal (ISSN 1055-8195), a national quarterly law journal concerning issues and cases within or related to the jurisdiction of the U.S. Court of Appeals for the Federal Circuit. THE FEDERAL CIRCUIT BAR JOURNAL WELCOMES submission of original articles, comments, court and association news, and book reviews. Submit double spaced manuscripts in electronic format. Manuscripts should follow the Chicago Manual of Style (15 ed.) pub- lished by the University of Chicago Press. Footnotes should conform to A Uniform System of Citation published by the Harvard Law Review Association. MANUSCRIPTS ARE SUBMITTED at the sender’s risk and no responsibility is assumed for the return of material. Material accepted for publication becomes the property of the Federal Circuit Bar Association. No compensation is paid for materials published. Correspondence, manuscripts, and books for review should be sent to [email protected]. THE JOURNAL IS PROVIDED gratis to dues-paying members of the Association. In addition, Journal copies may be obtained by individuals or libraries at $100/year for four issues. Membership and subscription inquiries should be directed to: Federal Circuit Bar Association, 1620 I Street, N.W., Suite 801, Washington, D.C. 20006. Telephone: 202-466- 3923. Website: http://www.fedcirbar.org. Back issues, in both hardcopy and microfiche, can be purchased from: William S. Hein & Co., Inc. Periodicals Department 1285 Main Street Buffalo, NY 14209-1987 (800) 828-7571 (716) 883-8100 (fax) [email protected] (e-mail) MATERIAL CONTAINED HEREIN shall not be construed as actions or positions of the Federal Circuit Bar Association. Copyright 2016 Federal Circuit Bar Association. The Federal Circuit Bar Journalis published quarterly by Federal Circuit Bar Association, 1620 I Street, N.W., Suite 801, Washington, D.C. 20006. Third-class postage paid at Washington, D.C. POSTMASTER: Send address changes to The Federal Circuit Bar Journal, 1620 I Street, N.W., Suite 801, Washington, D.C. 20006. iv FEDERAL CIRCUIT BAR ASSOCIATION The United States Court of Appeals for the Federal Circuit is supported by the Federal Circuit Bar Association which is a national organization for the bar of the court. Leadership of the association comes from all areas of the country and represents all areas of the court’s jurisdiction. The association was organized to unite the different groups who practice within the court’s jurisdiction. It seeks to strengthen and serve the court through its committees. The association offers a forum for common concerns and dialogue between bar and court, government counsel and private practitioner, litigator, and corporate counsel. Periodically it sponsors regional seminars reviewing current practice in the court. BENEFITS OF MEMBERSHIP Membership in the Federal Circuit Bar Association offers a unique opportunity to help forge an organization that will meet your special needs and the needs of the court. Membership provides an opportunity for active participation in addressing issues and legal developments of the court. A valuable membership benefit is participation in the work of the association’s committees, bringing together, from all areas of the country, members specializing in the areas of the court’s jurisdiction. Through participation in committees, association members meet and benefit from the experience of others having a common practice or interest, as well as the understanding and ability of the organized bar to respond to common issues and concerns facing the court and its bar. To join the Association, please visit https://www. fedcirbar.org/olc/pub/LVFC/cpages/become/apply.jsp. FEDERAL CIRCUIT BAR ASSOCIATION COMMITTEES Each member is assured of appointment to at least one of the committees of his or her choice. To view the current standing committees, please visit https://www.fedcirbar.org/ olc/pub/LVFC/cpages/. CATEGORIES OF MEMBERSHIP Annual Dues are set depending on the category of membership. Regular and Associate Membership $300.00 A regular member is a member in good standing of the Federal Circuit Bar. An associate member is a member in good standing of the bar of the highest court of a state. Young Lawyer / Small Firm $150.00 A young lawyer is a practicing attorney under thirty-five years old. A member is considered part of a small firm if they employ less than 25 attorneys. Government Membership / Educator Membership $75.00 A government member is a regular or associate member who is employed by a local, state, or federal government agency. An educator member is a faculty member of an accredited law school. Retired Membership $75.00 A retired member currently earns less than fifty percent of their income from the practice of law. Student and Federal Circuit Law Clerk Membership $0.00 A student member is enrolled in an accredited law school. A Federal Circuit Law Clerk member is currently a law clerk of the Court. v POSTMASTER PLEASE RETURN TO: Journal Bar Circuit Federal The Federal Circuit Bar Association 1620 I Street, N.W., Suite 801 Washington, D.C. 20006 2016 The Federal Circuit Bar Journal ★ Worst Kept
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