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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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