| Mr. Falk's areas of expertise include
licensing, patent and trademark litigation, federal and
state unfair competition causes, reissues and reexamination
proceedings of issued patents, contested proceedings in
the Patent and Trademark office comprising protests, patent
and trademark interferences, trademark cancellations and
trademark application oppositions, and causes related to
purported trade secrets, trade dress infringements and
deceptive trade practices. He is licensed before both the
United States and Canadian patent offices. One of Mr. Falk's
well-known specialties is the development of tactics and
strategies on behalf of patentees when faced with a multiple
infringement situation. His responsibilities have included first chair and
second chair litigations, including Federal district and State District Court,
Federal and State Appellate Practice and inter partes controversies in the International Trade Commission and the United States Patent and Trademark Commission and the United States Patent Trademark
Office.
Mr. Falk has extensive United States and
foreign patent and trademark litigation and licensing experience
(e.g., complaints, answers, discovery, hearings, pretrial
conferences and trial); the antitrust limitations on domestic
and foreign enforcement of intellectual property rights
and on
licensing' experience in trademark oppositions and cancellation procedures, and patent and know-how licensing. In addition, he has foreign filing
experience in Canada, European national, European Patent Office, (former)
Commonwealth countries, Japan, People's Republic of China, and various third
world countries.
Mr. Falk is well known nationally for having procured
a number of reissued and reexamined patents related to
the diagnostic field of enzyme immunoassay (ELISA) and
the work of Schuurs and coworkers, and successfully licensing
those patents as part of a worldwide licensing program.
Mr. Falk has been recognized by numerous periodicals for
his contributions in the field of intellectual property,
including but not limited to listings in Who's Who in the
World, Who's Who in American Law, Who's Who in Industry
and Commerce, and Who's Who in the Southwest.
Mr. Falk attended both The University of Texas at Austin
and Austin College under an integrated plan whereby the
applicant could obtain in five years both a liberal arts
degree and an engineering degree. He received his
Bachelor of Science degree in chemical engineering, with honors, from The
University of Texas at Austin in 1971, and his Bachelor of Arts degree in
chemistry, with honors, from Austin College in 1972. He graduated from The
University of Texas as an Engineering Fellow and was a member of Phi Delta
Phi. He earned his law degree from The University of Texas School of Law in
1975, where he was President of the Patent, Trademark & Copyright Association
and a Director and member of the Board of Advocates.
Mr. Falk is licensed to practice before the
Supreme Court of Texas, the Supreme Court of North Carolina,
Court of appeals for the District of
Columbia, the Court of Appeals for the Federal Circuit, Federal District
Court for the Northern and Southern Districts of Texas, Fifth Circuit Court
of appeals, Federal District Court for the Western District of North
Carolina, U.S. Patent and Trademark Office, U.S. Supreme Court and the Court
of International Trade. He was admitted to the State Bar of Texas in 1975.
He is currently a member of the Association of Trial Lawyers of America, Intellectual
Property Law Association (Committees on Awards, Antitrust law and Chemical
Patent Law), American Bar Association, Dallas Bar Association, Dallas Patent
Lawyers Association, Licensing Executive Society, Texas Trial Lawyers Association
and American Trial Lawyers Association.
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