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USPTO Opens Office In Dallas, A Boon For Innovation
Tuesday, August 14, 2012 - 10:42
Jones Day
Hilda C. Galvan
The Editor interviews Hilda C. Galvan, Partner, Jones Day.
Editor: On July 2, the U.S. Patent and Trademark Office (USPTO) announced plans to open regional offices in or around Dallas, Texas, Denver, Colorado and Silicon Valley, California. We understand that you were instrumental in the selection of the Dallas location. Please start the discussion by talking about the USPTO's objectives for these regional offices.
Galvan: The Leahy-Smith America Invents Act ("AIA"), which was passed in 2011, requires the USPTO to establish satellite patent offices as part of a larger effort to modernize the U.S. patent system. Establishing these regional patent offices allows the USPTO to more effectively recruit talented patent professionals, which in turn will help reduce the backlog of patent applications. The reality is that there are a number of engineers and lawyers with technical backgrounds who prefer to live outside of Washington, DC. By having regional offices, the pool of talented professionals willing to work for the patent office is increased.
Editor: What criteria were considered in the selection of these locations?
Galvan: A number of criteria were considered, including the availability of existing talent, i.e., the number of local patent attorneys and engineers who can serve as examiners. The USPTO was also looking for locations, like the Dallas-Fort Worth (DFW) area, with a substantial technology community and with access to universities that have strong engineering programs. It was also important that the selected location provide easy access from Washington, DC and other parts of the region. Here, the DFW Airport played a key role in our efforts to bring a regional office to Dallas. Finally, the lower cost, but high standard, of living found in North Texas was a key factor in the decision. Examiners, like the rest of us, prefer to live in a location where they can afford a better quality of life.
Editor: Tell us how the technology industry specifically figured into the USPTO's selection of the Dallas location.
Galvan: The technology industry in North Texas is robust and includes telecommunications, life sciences and electronics, plus the energy industry, which is unique to Texas. The diversity of these technologies and the innovation they generate, combined with our location's ease of access, figured prominently in the decision to select Dallas.
Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos visited Dallas in early July and met with a small group of leaders from the business and IP legal communities. During that meeting, Director Kappos commented that Dallas-Fort Worth "sprang off the page" as the ideal location for a satellite patent office. I couldn't agree with him more.
Editor: What was your role in securing placement of a USPTO satellite office in Dallas?
Galvan: In late November 2011, the board of the Dallas Bar Intellectual Property Section heard about the request for submissions for satellite patent offices from that section's chair. We decided to make a submission on behalf of Dallas, and I was part of the team that prepared that submission. We started by gathering information needed to address the USPTO's criteria. We identified the number of technology-based companies and universities located in North Texas; we researched the number of patents filed by inventors based in North Texas; we compiled information on the quality of life and cost of living in North Texas; and, we compared the results to similar information for other cities, including Houston and Austin. In our opinion, Dallas presented the best package overall, so we prepared a submission to reflect that fact.
We then reached out to the city of Dallas, the Dallas Chamber of Commerce and a number of universities and corporations and asked them to join our submission or to send a separate letter in support of our submission.
Editor: I understand that the submission process was completed after you became chair of the Dallas Bar IP Law Section.
Galvan: That's correct. I became the chair of the Dallas Bar IP Section on January 1, and the submission was due at the end of the month. We spent most of January finalizing the language of the submission and seeking support from Dallas-area corporations, such as Ericsson and Research In Motion (RIM).
Editor: Jones Day has a long history in Texas, and you have been professionally engaged in the state for many years. Please tell us about the firm's commitment to this region, and briefly describe your own practice.
Galvan: Jones Day has been in Texas for 31 years; we have approximately 200 lawyers in Dallas and Houston who provide a full range of services. We have national clients for whom we do work in Texas and Texas clients for whom we do work nationally and worldwide. In addition to our work for clients, we are very involved in the community. One of our Dallas partners, Sally Crawford, will serve as the president of the Dallas Bar Association next year. I will be serving as the president of The Honorable Barbara M.G. Lynn American Inn of Court. Other lawyers serve on the boards of non-profits that support education, the arts and the business community, or they are involved in providing free legal representation to those who cannot afford it. In fact, Jones Day and our lawyers have been recognized for their pro bono work.
I've been at Jones Day for most of my 20-year career. I work with corporate clients on their intellectual property matters, advising them on how to develop and protect their patent portfolios; filing lawsuits to enforce those patents, if necessary; and defending our clients against allegations that they infringed the IP rights of others. The bulk of my practice involves representing clients in patent lawsuits, so I spend a lot of time in courtrooms in the Northern and Eastern Districts of Texas.
Editor: Does placement of the USPTO office in Dallas serve as recognition of the area's rich intellectual capital?
Galvan: Yes. Texas is home to a large number of high-tech companies that protect their intellectual capital by filing patents. In fact, Texas is second only to California in the number of patents filed. There's a clear correlation between patent filings and intellectual capital, which the USPTO recognized in selecting the Dallas location.
Editor: Will the USPTO's Dallas location affect patent litigation strategies or increase the prominence of the Texas courts?
Galvan: Texas courts are already well-known for handling patent cases. The Northern District of Texas and the Eastern District of Texas, which includes Sherman and Plano, both are part of the Patent Pilot Program that Congress created in January, 2011.These two courts, along with only 12 others in the country, were selected for this national program because of their busy patent dockets. As a result, Texas has quite a few attorneys who are very experienced in handling patent cases that involve cutting-edge technologies.
These same lawyers will start using their advocacy skills in post-grant proceedings that will be handled by administrative law judges based in the Dallas satellite patent office. Let me briefly describe a post-grant proceeding. The AIA implements a post-grant process that allows a party, such as a competitor, to contest the validity of a company's patent. The post-grant process will resolve validity disputes much more quickly and effectively – and at a lower cost – than litigation. Post-grant proceedings will be among the strategies considered by companies that may be, or currently are, accused of patent infringement.
Many patents that are the subject of post-grant proceedings will survive those proceedings and will be in an even better position to be asserted against potential infringers. It is likely that the same attorneys involved in the post-grant proceedings will also represent the parties in litigation and that such litigation will be filed in North Texas.
Editor: What specific impact will a USPTO satellite office have on businesses in the region?
Galvan: A satellite office in Dallas will increase awareness of patents in the inventor and business communities. This increased awareness is likely to result in an increase in the number of patent applications filed, and ultimately it should result in increased commercialization, at least of some patented inventions.
The satellite office will also impact businesses through programs implemented in the region as the result of USPTO initiatives, such as a pro bono program that is designed to help inventors with limited financial resources obtain patents.
Finally, the satellite office has inspired much-needed conversation between businesses, academia, the city, the chamber of commerce and the IP legal community -- about how to work together to educate the inventor and investor communities and how to connect these communities for the benefit of the North Texas region.
Editor: Why has there been a dramatic increase in patent applications, and what specific benefit can a local patent office deliver in response?
Galvan: A large number of patent applications are being filed for software and business methods. Software patents were not common until the 1990s, and business method patents are even more recent. These patent applications present unique challenges for the Patent Office. Examiners rely on earlier filed patents and printed publications to determine if a patent should be awarded. Since there aren't many earlier filed patents and few publications that discuss how software works, software and business method patents slow down the examination process.
A local patent office can help by providing additional examiners with specialized expertise in software and business methods. These local examiners can conduct in-person interviews with inventors who might not have traveled to Washington, DC for an interview. These face-to-face interviews help expedite the application process because knowledge can be freely and easily exchanged between the examiner and the patent applicant.
Editor: Please discuss larger efforts within the AIA to modernize the U.S. patent system.
Galvan: In his recent decision in Apple v. Motorola, Judge Posner made reference to chaos in the patent system and to the proliferation of patents. I believe he was referring to the large number of issued patents whose validity is questionable. Many of these questionable patents are then being asserted against companies who must spend significant amounts of time and money defending themselves against allegations of patent infringement.
The AIA implemented a number of provisions that should help improve the quality of patents that are being issued. First, as we've been discussing, the satellite patent offices will address the backlog in applications and improve the quality of the examination process. Second, the new post-grant proceedings will provide another check on patent quality. Yet another AIA provision will allow for third-party submission of information that can be used by the examiner to determine if a patent should be issued.
All of these provisions are designed to modernize the patent system by improving the examination process.
Editor: What feedback have you heard regarding the now operational satellite office in Detroit?
Galvan: The Detroit office opened on July 13, and we're just starting to hear about what was done there to make the opening of their office a success. We are currently reaching out to them to get more information so we can learn from their experiences. We plan on implementing many of the same programs they have undertaken, such as the pro bono initiative discussed above, but we also plan on implementing our own unique programs.
Consistently, I have heard that the Detroit office united the business, legal and academic communities, which resulted in the successful opening of that office.
Editor: Do you have any final thoughts for our readers?
Galvan: Innovation and a substantial technology-based economy have always been a part of Texas. The rest of the country doesn't necessarily know that. Having a USPTO satellite office in Dallas will help us showcase our state's technologies and our innovative spirit. We're excited about that.
Please email the interviewee at hcgalvan@jonesday.com with questions about this interview.
The USPTO'S Ongoing Campaign To Suppress The Right To U.S. District Court De Novo Review Of Administrative Decisions In Patent Applications And Of The Agency's Post-Grant Review Of Issued Patents
Global Top 100 Innovators
Patent And Trademark Trends 2011: Thomson Reuters Evaluates Corporate And Industry-Specific Innovation
Biotech-Pharma Innovation Requires Specialized Patent Counsel
The So-Called "Patent Troll" Problem: Dealing With Non-Innovating, Non-Practicing Patent Monetization Entities
Protecting IP Innovation in the Financial Services Sector
A New York Office That Connects All The Dots


The first of our Be.Boxes have flown the nest! Starting a brand new wave of street market economics.
In August 2018, with the help of traders at Levenshulme Market, in Manchester, UK, we trialed our new Be.Box support service. They were very popular and received rave reviews! We learned a lot about how traders would interact with the boxes, our service and also each other. Not to mention it helping refine our offer & prepared us for launch! We're pleased to say that we are now taking orders for Be.Box Subscriptions.
Street-food is notoriously seasonal. During summer, with its many festivals, events, concerts and sporting events, it's a real boon!
As winter approaches, things can become extremely slow. Saving up, and paying for Christmas can hinder prep for next year's market activity, making restocking costs difficult to justify.
Also, street-food traders can struggle to market digitally simply because they don't have the time.
Market.Be solves these problem by offering traders a subscription service to spread the costs and supply of cutlery throughout the year and market their offering in creative ways. We also give traders an opportunity to earn bonus cutlery for any digital activity that nurtures the trader network and us. We figured that because they market us, we don't have to do it! So they share in that saving.
Be.Boxes are the name we've given to our new Market.Be support boxes. Each box contains several sets of compostable cutlery, lovingly folded into a serviette and placed in a characteristic container.
Inside the box is a free refill bag containing spare cutlery. The bags themselves are food waste bags, which are designed to compost. Letting traders get rid of any food waste or put used cutlery inside the bag, which is then simply placed in compost bins, heaps or even donated to horticulture traders at the end of any market day, who can use the compost to fertilise their own plants and produce. Cutting down on the amount of fertiliser they need to buy and making use of food waste products that would otherwise have to be collected and dumped.
Meet Nicolas, He's a Character!
Every container has a different character and even has a name! The cutlery is presented in each container, ready to use straight away. Saving trader a lot of time!
That's not all! The containers can be tracked by us or traders using a QR code that takes you to the Be.Box's own micro-site. Check out which traders have had that box along the way, or visit the trader's own social media account. Our Be.Boxes help raise the trader's profile and also gives you an all inclusive trader directory entry. Helping customers and clients find and book you for their own markets, events and festivals.
A Be.Box subscription is so much more than just a single purchase of cutlery.
Not only that! Traders who've got an active box subscription are automatically promoted on social media. Many traders have take advantage of our internal design team for graphic design work at heavily discounted rates, which can be offered co-branded and promoted on our social channels.
Be.Boxes: How do they work?
Each Be.Boxes we deliver contains a known number of catering items. Traders who contribute to market activity or collaborate and actively publicise themselves mentioning, tagging or better still, showing us (shameless plug) are rewarded with extra cutlery or catering consumables in their next refill. This helps encourage traders to actively market themselves, each others, the markets and us.
You are marketing yourselves right?
Good! It is essential for brand awareness anyway, but for us, this means the amount we would normally spend on marketing ourselves can be recycled into more tangible benefits to traders.
If you can't find time to market us, don't worry. Your subscription comes with social media exposure on our channels. It's all inclusive.
Once your order has been confirmed, we start packing your box. It is taken from one of our distribution points and delivered to you. We've partnered up with local couriers across the country to ensure a speedy delivery service that can reach you in as little as 1 hour, usually on market day. Meaning you needn't worry about packing your cutlery, serviettes, trays and gloves.
Your subscription includes your first batch of consumables. Each month, we'll send you a refill pack containing your Be.Box refill. You don't even have to explicitly place another order. Saving you time and energy.
For peace of mind, we are offer up to a 100% buy-back of your container. Simply return the Be.Box with the empties in and we'll refund the value of your container on an increasing scale depending on how long your subscription was.
If you've been with us for a year, you get 100% of your first order back. The boxes are cleaned, serviced, spruced and sent out again to the next trader who wants them. Your business shall forever be in the memory of your Be.Box. Cute.
No mess, no fuss, no minimum contract!
What are you waiting for? Get your Be.Box subscription now!


Committee assignments: Electric Utility Oversight; Appropriations-Human Services; Tourism & Conventions; Health & Healthcare Disparities; Disability Services (Republican Spokesperson); Housing and Urban Development (Republican Spokesperson); Committee of the Whole.
Biography: National City Bank, vice president; born Aug.22, 1948, in Three Rivers, MI; B.A., history, Kalamazoo College, Kalamazoo, MI; was awarded the 1998 Nathan Davis Award as State Legislator of the Year in the U.S. by the American Medical Association; has received numerous "Legislator of the Year" awards; Guardian of Small Business Award; Champion of Free Enterprise; numerous Farm Bureau Activator Awards. Current board service: Susan G. Komen Foundation, United Way of Illinois; has three children.


Tim Westergren, CEO and co-founder of Pandora Media Inc. (NYSE: P), will stay with the company until his replacement is found.
Pandora shares rose 4.5 percent to $8.65 on Monday morning due to the news of Westergren's imminent departure. According to Recode, sources close to the company confirmed that the CEO will step down once Pandora has found a successor. Pandora representatives declined to comment.
While Pandora currently has 80 million monthly users, it continues to operate in the red. The company has lost money in each of the past nine quarters.
The rumors come as earlier this month, Sirius XM Holdings Inc. (NASDAQ: SIRI) agreed to invest $480 million in exchange for a 19 percent stake in the internet radio provider, a deal that has yet to been closed.
With Pandora, Sirius XM is hoping to expand content to its 31.3 million subscribers. Sirius has already leveraged deals with auto manufactures so that cars will come pre-installed with the radio channel. The deal will allow the company to access Pandora's large user base as well as increase advertising sales to its subscription model.
Doubts still remain about Pandora's ability to grow in an industry that is already run by corporations like Spotify and Apple Inc. (NASDAQ: AAPL).
"We continue to view fundamentals as challenged but believe the combination of reduced M&A expectations and the likelihood for an increased focus on stabilizing cash flow reduces downside risk," Pacific Coast Securities media analyst Andy Hargreaves wrote. "Prospect of more disciplined management is unlikely to overcome a bad model."


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Meeting the New Meats OLD
The next generation of alternative protein is on a mission to capture the attention of meat eaters and plant lovers alike.
As supermarkets stock their shelves with veggie burgers, chickenless nuggets, and pseudo sausages, we found ourselves wondering how the imitations stack up against the real deal. To find out, our team taste-tested nearly 30 of the alternative protein industry's favorite brands—all in one afternoon.
From a lifelong omnivore to a curious flexitarian to a committed vegan, our judges brought a variety of perspectives to the table:
Adam Weiss
↳ Landscape Founder, Executive Creative Director
↳ Meat Lover
"I love meat, but our relationship is getting a little complicated. With age comes perspective, and I've become more aware of the impact that my decisions make on the world around me. I enjoy a good burger, but I also want my daughters to have a sustainable world to live in."
Jessica Katona
↳ Creative Director
↳ 13 Years Vegan
"I grew up eating meat and I never questioned it until I began to cook for myself in college," recalled Jessica. "That's when I realized that I want the food I put into my body to align with my values. When I considered the relationship between the food I was eating and its impact on animals, the environment, and my health, it was a no-brainer. I've been vegan for over 13 years now."
Meat and I were never truly in love," explained Frank. "I always preferred it fat-free, grilled, and without any eyes staring back at me. But, I'm a curious eater, so I've tried a lot of different diets throughout my lifetime. These days, I'm looking for food that makes me feel good at every level. If it tastes great and makes sense, I'm in.
Frank H. Vial, Director of Strategy
Frank H. Vial
↳ Strategy Director
↳ Wellbeing enthusiast and inspired vegetarian
Marie LaLonde
↳ Copywriter and Strategist
↳ Casual eater in search of feel-good foods
"When I was a kid, I was taught that milk makes your bones strong, carrots help you see better, and meat is an essential part of a healthy diet," said Marie. "Now that I've learned that protein can be found in a variety of different foods, I'm having fun looking for new ways to replace meat."
Some skeptical, others hopeful, and all hungry, we headed to the kitchen. There, each product was evaluated based on its taste, texture, smell, and appearance.
That's when I realized that I want the food I put into my body to align with my values. When I considered the relationship between the food I was eating and its impact on animals, the environment, and my health, it was a no-brainer. I've been vegan for over 13 years now.
Jessica Katona, Creative Director
On the table: Gardein, Quorn, Simulate, Daring
We started with chicken. Under the careful supervision of Jessica and Marie, these nuggets were out of the oven in under 15 minutes. Crispy on the outside and soft on the inside, the batch was surprisingly convincing.
Uniform in shape and light in color, Gardein's nuggets featured visible pieces of oats and quinoa. In contrast, Simulate's iconic "NUGGS" took on the familiar quality of a fast-food nugget. Daring's nuggets looked more like strips and Quorn's were spotted in seasoning.
While Daring and Gardein weren't bad, Simulate and Quorn made for a spot-on substitute of our favorite childhood snack.
"These are pretty good," said Marie. "Chicken nuggets were an after-school staple when I was growing up, and these plant-based alternatives take me back to those moments. Sometimes, the best part about food is the feeling it gives you."
Our favorite: Simulate
Tip: Don't skip the sauce
Chicken nuggets were an after-school staple when I was growing up, and these plant-based alternatives take me back to those moments. Sometimes, the best part about food is the feeling it gives you.
Marie LaLonde, Copywriter & Strategist
On the table: Good Catch, Quorn, Sophie's
Next up, seafood. Unlike our first category, it only took a few bites for us to agree that there's something fishy about fake fish.
"I think these taste a little too much like fish," said Jessica, returning what was left of her half-eaten fish stick.
"Do I have to finish it?" asked Adam.
Even our guest judges, a pair of curious cats, weren't impressed. This didn't come as a surprise—fish hasn't yet received the degree of research and innovation that has been dedicated to replicating more popular proteins (but, a sea change is coming). Complicated to calibrate and not-so appetizing, we quickly moved on to our final course.
Our favorite: Cat food
Tip: Wait for the next wave
Adam Weiss, Founder & Executive Creative Director
On the table: 365 by Whole Foods, Amy's, Beyond Burger, Gardein, Impossible Meat, Incogmeato, Lightlife, Sweetearth, Quorn
Thanks to Frank's efficient approach to the grill, we tried a lot of patties. While the frozen options were easy to prepare, they lacked the authentic quality of Impossible Meat and Beyond Burger. Topped with lettuce, cheese, and toasted buns, the look of these sandwiches could have fooled even the most dedicated burger lover.
Jessica, who hasn't eaten a real burger in over a decade, was a little nervous. "These burgers look so real," she said. "Almost too real."
As for the taste, we were impressed. Juicy, smokey, and perfectly charred around the edges, Impossible Meat earned a nearly perfect score by every measure.
With a carbon footprint nearly three times greater than that of chicken or fish, beef has captured the attention of scientists, chefs, and start-ups looking to offset its environmental impact—and it shows. From a considered cooking experience to a nearly identical look and feel, Impossible Meat has pioneered a new possibility that's closing the gap between plant-based meats and their customary counterparts.
Our favorite: Impossible Meat
Tip: Go for the grill
There is something inherently fun and indulgent about these foods... these burgers look so real, almost too real...
After a lot of eating, we did some thinking about our own eating habits and behaviors.
"I'll be honest—after eating way too many chicken nuggets and a handful of burgers, I feel bad," said Adam. "I'm a little disappointed that these options are just as processed as junk food, but I also feel intrigued by the brands and excited for what's to come."
"There is something inherently fun and indulgent about these foods," said Jessica. "Alternative proteins give me a chance to take part in classic cultural traditions without sacrificing my values. A lot has changed since I first became vegan, and I'm optimistic about the future of the food industry."
"I'm quickly realizing that moving away from meat isn't nearly as difficult as I once believed," explained Frank. "With so many options and far less tradeoffs, it feels like it's easier than ever to make the switch."
"I'm impressed by how close these options came to the real deal," said Marie. "While I'd rather get my protein from whole foods like vegetables and beans, I'm excited to have plant-based alternatives that leave my mind and my stomach feeling good."
We can all agree that alternative proteins are hard to ignore. As the meatless industry continues to evolve from emerging outlier to established option, these choices will only become more accessible, attractive, and affordable.
Our experiment led us to more than just a good meal and a few laughs—behind every burger is an equally compelling brand shaping an entirely new story.
↳ We shared our thoughts on the strategic side of alternative proteins with our friends at Fast Company.
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