Douglas A. Gastright
Doug is an associate based in Frost Brown Todd's Cincinnati office. His practice includes assisting with the patent application process as well as licensing and transactional work, with a focus on software.
Doug has more than seven years professional experience as a software developer in the Cincinnati area, including positions at The Kroger Co. and General Electric. With his extensive industry experience in software Doug can communicate effectively with inventors and owners on legal issues while also understanding many of the technical difficulties and concerns that are unique to the software world
Doug has experience as the primary draftsman for more than 25 patent applications and has assisted with a variety of Office Action responses and filings. Doug has used his experience as a software developer to identify and capture key innovations in software implemented inventions during discussions with inventors. He has considerable experience beyond application drafting and has assisted clients with patent due diligence issues, freedom to practice opinions, novelty searches, licensing of patents, assignment of patents, litigation research, vendor contracts, and a variety of technology transactions. In August of 2014 Doug received a passing score for the United States Patent Office Registration Examination for Patent Attorneys and received final approval to practice October 7, 2014.
Doug has followed developments in patent law and software related intellectual property law closely and has authored a number of articles discussing important Supreme Court and Federal Circuit opinions, including several detailed analyses of the scope and impact of Alice v. CLS, as well as the potential for copyright protection of source code in Oracle v. Google. Following the decision in Novartis v. Lee, which positively impacted the patent terms of many recently issued patents, Doug developed a step by step guide for recalculating Patent Term Adjustment that was used to recapture hundreds of days of lost patent term for clients.
Primary draftsman for:
"Methods for Presenting Speech Blocks from a Plurality of Audio Input Data Stream to a User in an Interface"
U.S. Pat. No. 8,719,032
Primary prosecutor for:
"Adjustable Marine Fender Holder"
U.S. App. No. 14/267,007, awaiting issue
Highlights & Recognitions
- Graduated first in his law school class, summa cum laude
Memberships & Affiliations
- Cincinnati Intellectual Property Law Association
- International Association of Privacy Professionals
- A new hope for inventors? Emerging liberalization of subject matter eligibility in Trading Technologies v. CQG
- McRo v. Bandai: Evidence related to claimed improvement is key to whether claims are directed to an abstract idea
- Bascom v. AT&T Mobility: Fodder for arguments on patent eligibility
- Digitech v. Electronics Imaging: the first application of Alice v. CLS Bank by the Federal Circuit
- Supreme Court issues opinion in Alice v. CLS:
- Supreme Court issues opinion in case concerning ambiguous patent claim
- Supreme Court hears oral arguments in Nautilus v. Biosig Instruments
Non-FBT Publications and Events
Ohio State Bar Association Intellectual Property News, "Software APIs Protected by Copyright but Questions on Fair Use Remain," September 2014.