Ms. Hudak works in all areas of intellectual property law, including patents, trademarks, copyrights, and unfair competition. She has been involved in numerous litigation matters and has assisted in all stages of disputes, ranging from pre-suit activites through appeal. In litigation, her responsibilities include developing strategies and defenses, analyzing prior art, managing document review, and drafting dispotive motions and briefs. Her appellate experience includes drafting party and amicus briefs at the Supreme Court and the Federal Circuit, including SCA v. First Quality
(on laches, at the Federal Circuit en banc), Alice
(on patent-eligiility, at the Supreme Court) and Myriad
and Netflix v. Rovi
(on patent-eligibility, at the Federal Circuit), and Highmark
(on attorneys' fees, at the Supreme Court).
A registered patent agent, Ms. Hudak works on post-grant proceedings before the U. S. Patent and Trademark Office, such as, inter partes reviews and covered business method reviews. She also prepares and prosecutes patent applications, drafts patentability and right to use opinions, and assists with negotiating and drafting setllement and license agreements. In addition to helping clients develop their patent portfolios, she counsels clients on how to develop, protect, and monetize their intellectual proprty portfolio as a whole.
Her areas of focus in patent law include subject matter eligibility under 35 U.S.C. § 101, including tracking the extensive body of case law that has issued in response to the Supreme Court's decision in Alice v. CLS Bank
as well as invalidity based on prior knowledge or use,collateral estoppel, divided infringement, and recovery of attorney fees. Her patent practice spans a wide range of technologies, including financial services, internet marketing, computer software, consumer electronics, consumer products, and therapeutic agents.
Additionally, Ms. Hudak has experience with trademark disputes in both federal courts and before the Trademark Trial and Appeal Board, involving issues such as fair use, extensive third party use, the use of house brands, the use of color as a trademark, and the sale of grey market goods. She has represented clients in diverse industries such as food products and restaurants, retail clothing, industrial materials, and healthcare.
Prior to joining the firm, Ms. Hudak garnered experience in the pharmaceutical and biotechnology industry, first at a university spin-off developing computerized diagnostic biomarker assays, and then at a consulting firm that helps clients develop appropriate pricing and reimbursement strategies for emerging pharmaceuticals and medical devices. While in law school, she externed at the Office of the U.S. Trade Representative, gaining familiarity with the TRIPs agreement and other international trade obligations.
Amici Ask Federal Circuit to Curb Misapplication of Alice to Specific, Novel, and Concrete Inventions
- IPwatchdog.com, December 27, 2015
Trade Mark Tacking A Factual Question For The Jury
- Journal of Intellectual Property Law & Practice (2015) doi: 10.1093/jiplp/jpv041
Claim Construction Is Ultimately A Question Of Law But May Involve Underlying Factual Questions
- Journal of Intellectual Property Law & Practice (2014) doi: 10.1093/jiplp/jpu162
Supreme Court 2014-2015 IP Case Review (October/November 2014)
- New York Intellectual Property Law Association Bulletin, October/November 2014
Supreme Court 2013-2014 IP Case Review
- New York Intellectual Property Law Association Bulletin, August/September 2014
Burden Of Proof To Establish Infringement Remains With The Patentee Even In Declaratory Judgment Action Brought By Licensee
- July 12, 2014, Journal of Intellectual Property Law & Practice (2014) doi: 10.1093/jiplp/jpu119
US Federal Circuit Confirms That Mere Inclusion Of A Computer Limitation Is Not Dispositive of Patent-Eligibility
- January 3, 2013, Journal of Intellectual Property Law & Practice, 2013, Vol. 8, No. 1
Understanding Patent Eligibility Of New Technology In The United States
- December 7, 2012, Journal of Intellectual Property Law & Practice 2012; doi: 10.1093/jiplp/jps165
US Federal Circuit Remains Split On How To Approach Patent Eligibility
- October 1, 2012, Journal of Intellectual Property Law & Practice (2012) doi: 10.1093/jiplp/jps152