- University of Houston Law Center, J.D., 2015
- Rice University, PhD, 2010
- University of Houston, B.S., magna cum laude, 2005
Bar & Court Admissions
- U.S. Patent and Trademark Office
- Admitted to practice law only in the states listed above.
Rusty is an associate in the Vorys Houston office and a member of the technology and intellectual property group. He has experience preparing patent applications and filings for domestic and international matters in oil and gas, polymer, nanotech, clean tech and pharmaceutical industries. Rusty also has experience managing national and international patent applications for clients in oilfield and industrial chemical sectors. He has worked directly with investors to obtain invention disclosures and draft patent applications, prepared invalidity and noninfringement opinions, conducted examiner interviews, prepared appeal briefs and generated patent landscape surveys.
Rusty received his J.D. from the University of Houston Law Center. He received his PhD from Rice University and B.S. magna cum laude from the University of Houston.
- 10/5/2021Validity challenges can take many forms, several of which can be employed after an action begins in federal court. In re: Vivint, Inc., 2020-1992 (CAFC 2021) is a salient example of how zealous representation in the form of serial petitioning can arise to abuse of process and, ultimately, be counterproductive.
- 7/1/2021Prosecuting a patent application at the U.S. Patent & Trademark Office (USPTO) often involves numerous exchanges with a patent examiner in which an applicant is provided an opportunity to discuss and distinguish examined claims and claim terms in view of cited prior art.
- 6/7/2021Patent Holders Now Have More Reason to “Trimble” at the Thought of Triggering a Declaratory Judgment ActionOne risk patent holders assume in sending demand or cease and desist letters to potential infringers is that the recipient may respond by filing a declaratory judgment action, and thus initiate suit in a local and/or advantageous forum for the infringer.
- 1/20/2021In a previous IP Alert, we reported that the U.S. Patent and Trademark Office (USPTO) introduced the COVID-19 Prioritized Examination Pilot Program to accelerate examination of certain patent applications directed to products or processes related to the treatment or prevention of COVID-19.
- 1/13/2021Patent Office Proposal Seeks to Expand Applicability of Terminal Disclaimers in Joint Research Agreement Patent FilingsAs of December 30, 2020, the USPTO is seeking public comments on proposed changes to terminal disclaimer practice that would increase the ability to file a terminal disclaimer in limited circumstances to obviate a nonstatutory double patenting rejection.
- 12/10/2020In SiOnyx LLC v. Hamamatsu Photonics KK, Fed. Cir., No. 19-2359 (2020), the Court of Appeals of the Federal Circuit (CAFC) upheld a district court decision finding breach of a non-disclosure agreement (NDA) and transferring ownership of several U.S. patents from manufacturer Hamamatsu to SiOnyx.
- 7/22/2020Intellectual Property Alert: Cutting the Line to the Appeal Board: A New Pilot Program to Expedite PTAB DecisionsIn a complement to the other fast-track programs offered by the United States Patent and Trademark Office (USPTO), the Ex Parte appeals process before the Patent Trial and Appeal Board (PTAB) has been similarly revamped recently with a new pilot program that offers faster patent appeals decisions for a modest fee.