Media Mentions
2008
Robert H. Underwood was mentioned in the September 8 issue of The National Law Journal in an article regarding his recent move to McDermott. Mr. Underwood is a partner in the Boston office and a member of the Firm's Intellectual Property, Media & Technology Department and Life Sciences Practice Group.
Robert H. Underwood, Intellectual Property, Media & Technology, Life Sciences & Medical Devices
Eric Levinrad authored an article entitled, "Risk Reduction Strategies in 'Bet the Company' Trade Secret Misappropriation Actions" in the August edition of Orange County Lawyer. The article addresses the range of damages available in trade secret misappropriation actions brought under the Uniform Trade Secret Act, discusses possible theories for the limitation of such damages and defines pre- and post-litigation steps that employers should take when hiring employees from competitors to reduce the risk of exposure for trade secret misappropriation.
Eric Levinrad, Intellectual Property, Media & Technology, Trade Secrets
James Hill, MD, and M. Todd Hales co-authored an article in the August edition of Orange County Lawyer entitled "Patent Reexamination after KSR." The article discusses the fundamentals of ex parte and inter partes reexamination, how the Supreme Court of the United States' decision in KSR v. Teleflex impacts patent reexamination, and strategic considerations in choosing between reexamination and litigation in attempting to invalidate a patent.
M. Todd Hales, James W. Hill M.D., Intellectual Property, Media & Technology, Patent Prosecution
McDermott Will & Emery's Intellectual Property, Media & Technology Department was featured in IP Law360 on September 3. The article discusses the Intellectual Property Department, highlights some of the Firm's recent accomplishments and includes comments on some of the trends of IP. To view the entire article click here.
Terrence P. McMahon, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
On September 1 McDermott Will & Emery was profiled in The National Law Journal in an article titled, "McDermott's IP litigation team tallies jury trial wins." The article highlights McDermott's intellectual property litigation team including, Sarah Columbia, Joel Freed, Terry McMahon and Fay Morisseau, "rack[ing] up five mainly favorable jury trial verdicts in the course of five months in five different federal districts." The article notes, "...[I]t's an unusual string of results in an era when most cases don't even go to trial. The trials took place in federal courts in California, Delaware, Massachusetts, Texas and Wisconsin." Mr. Morisseau commented, "What we do better than anyone else in the country is we work across offices to pull the people with the skills needed and we are not hesitant to take a case to trial."
Sarah Chapin Columbia, Joel M. Freed, Terrence P. McMahon, Fay Morisseau, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Sarah Chapin Columbia was quoted in the August 15 issue of IP Law360 in an article discussing the Firm's recent addition of Dr. Robert Underwood to its Intellectual Property, Media & Technology Department. Regarding Dr. Robert Underwood, Ms. Columbia commented, "He is a highly skilled lawyer and the wide range of experience he brings with him is a significant addition to our firm-wide patent prosecution and life sciences practices, as well as a strong supplement to our overall Boston intellectual property practice."
Sarah Chapin Columbia, Robert H. Underwood, Intellectual Property, Media & Technology, Life Sciences - IP, Patent Prosecution
Michael W. Connelly was quoted in the August 13 issue of IP Law360 in an article regarding a bill that fixes a constitutional flaw in the way patent appeals judges have been appointed for the last eight years by transferring the responsibility of appointing the judges from the USPTO director to the Secretary of Commerce. Mr. Connelly noted that the patents granted by patent appeals judges appointed in the last eight years may be challenged despite the significant costs associated with pursuing the issue. "Is anyone going to bother challenging it? That's a lot of time and effort. It's going to rely on one party having the wherewithal and fortitude to do it," he said.
Michael W. Connelly, Intellectual Property, Media & Technology
Robert H. Underwood was mentioned in the August 11 issue of the Boston Business Journal in an article regarding his move to McDermott. Mr. Underwood is a member of the Firm's Intellectual Property, Media & Technology Department and the Life Sciences & Medical Devices Practice Group.
Robert H. Underwood, Intellectual Property, Media & Technology, Life Sciences & Medical Devices
Terrence P. McMahon was quoted in the August 4 issue of The Recorder in an article regarding the U.S. Court of Appeals for the Federal Circuit's removal of U.S. District Judge Manuel Real from a patent infringement case. The Federal Circuit threw out Microsoft's 2006 win over Research Corporation Technologies (RCT), reversing Real's decision declaring RCT's patents unenforceable and tossing his orders that found the patents invalid and non-infringing. Mr. McMahon, who represented RCT before Judge Real, said he was happy to get a new judge on the case. "It was clear that he had a point of view and we disagreed with it – we tried the case and he cut us off at every pass. I've never had something like this in my whole career, and I hope I never do again," he said. "A new day has dawned. Everything that Judge Real did has been erased," he added.
Terrence P. McMahon, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Paul Devinsky was quoted in the July 30 issue of The Tech Transfer Blog in an article regarding the growing tension in the tech transfer community over whether TTOs should be seen as profit or cost centers. Mr. Devinsky noted that universities tread dangerous ground by trying to run TTOs as profit centers. "Every university doesn't have the leverage of MIT, Harvard, Scripps, or Stanford. There seems to be a certain uniformity in approach, with everyone insisting on clauses that might be appropriate for dealing with a seasoned researcher at a particular university but not appropriate across the board," he said. "Many times, what universities think they can squeeze out of some piece of technology just isn't rational. Even when dealing with incubators and start-ups, many tech transfer folks insist on deal terms that almost seem calculated to create barriers to the success of the emerging company," he added.
Paul Devinsky, Intellectual Property, Media & Technology, Licensing
John R. Fuisz was quoted in the July 25 issue of IP Law360 in an article regarding the U.S. Patent and Trademark Office's warning about certain outsourcing practices including shipping data about an invention to another country for the purpose of preparing a U.S. patent application. Mr. Fuisz noted that patent applicants who do not abide by export laws and do not obtain the necessary clearances to outsource work may run into trouble in patent litigation down the road. "It can affect you in litigation. A district court doesn't have discretion not to hold the patent unenforceable," he said. "Just because the Internet exists, doesn't mean you can send patent applications around the world without paying attention to U.S. laws," Mr. Fuisz added.
John R. Fuisz, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
Paul Devinsky was quoted in the June 2008 issue of Inside Counsel in an article regarding the Federal Circuit's ruling in the case of David Barstow, a former employee of Schlumberger Technology Corporation who invented software while employed by the company. The court ruled that Schlumberger must prove that the patents at issue were related to or suggested by David's work for the company in order to gain ownership. "This was a huge signal to the district court judge that unless Schlumberger did something to make people think the inventions belonged to the company, the inventions belong to David Barstow," Mr. Devinsky said. As for whether companies should create internal review processes for determining whether they own employees' inventions, Mr. Devinsky noted that "most companies will not be happy to make a decision on whether or not they own something."
Paul Devinsky, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Joel M. Freed was recognized in the 2008 issue of the Legal Times Almanac of Leading Lawyers. Mr. Freed was noted for his work in Intergraph Corp. v. Intel Corp., a case that struck the balance between intellectual property and antitrust in favor of intellectual property.
Joel M. Freed, Antitrust - IP, Media & Tech, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Sarah Chapin Columbia was quoted in the June 6 issue of the Boston Business Journal in an article regarding the decreasing number of IP-related lawsuits going to trial in Massachusetts due to the belief that other venues offer speedier resolution. Some Massachusetts companies are opting to file in other federal courts where, for example, the court may have a record of being plaintiff-friendly or may offer a faster trial. "There's a lot of venue shopping going on," Ms. Columbia said.
Sarah Chapin Columbia, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Toby H. Kusmer was quoted in the June 6 issue of the Boston Business Journal in an article regarding the most unique patents IP lawyers' have helped secure and protect. Mr. Kusmer noted that when stereo TV was first considered in the 1980s, the Broadcast Television Systems Committee (BTSC) wanted to develop a uniform standard to prevent competing technologies that could have hindered the success of stereo transmission. "Originally developed to reduce noise in audio signals recorded on magnetic tape, the Adaptive Signal Weighting System patent disclosed and claimed technology later adopted by the BTSC for reducing noise in the 'R-L channel' of stereo audio for analog TV," Mr. Kusmer said.
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Patent Prosecution
Paul Devinsky was quoted in the May 1 issue of CFO Magazine in an article regarding whether business-process methods should be protected by patent law. On May 8, the U.S. Court of Appeals for the Federal Circuit will hear In Re Bernard L. Bilski and Rand A. Warsaw and may deliver a decision that clarifies where to draw the line on patentable subject matter. Mr. Devinsky noted, however, that if Bilski doesn’t decide the matter, the business-method patent issue will be "all teed up for the Supreme Court."
Paul Devinsky, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
Astrid R. Spain was quoted in the April 29 issue of The Daily Transcript in an article regarding patent reform bills currently before Congress. Ms. Spain commented on the bills' controversial provision which requires reasonable royalties or lost profits in infringement lawsuits to only be applied to the economic value of the specific contribution the patent makes to the product. The change, "bogs down the judges and juries with massive data and expert testimony on figuring out what exactly is the apportionment, which would make lawsuits more expensive and increase damages," Ms. Spain said. Regarding hopes that the bills will pass, Ms. Spain noted, "Clearly we have a lot of different industries with divergent interests, and our Congress represents all of these businesses and needs to strike a balance to encourage American innovation."
Astrid R. Spain, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Melise R. Blakeslee was mentioned in the April 21 issue of ComputerWorld in an article regarding socially responsible outsourcing by IT departments. Ms. Blakeslee noted that, despite claims that socially responsible outsourcing is becoming more common, IT managers are most interested in how outsourcing providers protect data and how much they charge for their services. Although it’s common corporate policy to ask business partners about diversity initiatives, even that issue carries little weight. "I have never seen it determine anything," Ms. Blakeslee said.
Melise R. Blakeslee, e-Business - IP, Media & Tech, Intellectual Property, Media & Technology
Joan M. Griffin appeared in an on-air interview on New England Cable News' NewsNight with Jim Braude on March 13. Ms. Griffin discussed a new federal study that confirms ballistics matches are based on wholly unproven assumptions.
, Intellectual Property, Media & Technology
Robert W. Zelnick was quoted in the February 2008 issue of Inside Counsel in an article regarding the use of trademark law to suppress online criticism. As a partner in McDermott's Intellectual Property, Media & Technology Department, Mr. Zelnick discussed the elements needed for a successful trademark infringement case including proof that the website is associated with the sale of goods or services and that use of the trademark confuses at least some of the plaintiff's potential customers. Mr. Zelnick noted, however, that, "people are afraid of losing their house in a legal proceeding, so the dominant response is to accede to the demands made of them. Very few of these cases hit a judge’s desk. The vast majority of law is being made outside judicial scrutiny."
Robert W. Zelnick, Intellectual Property, Media & Technology, Trademark/Brand Protection & Enforcement
David M. Beckwith was quoted in a February 11 article published by the San Diego Business Journal regarding a patent infringement lawsuit set to determine whether patent holders can collect royalties and sue subsequent purchasers of patented goods. As a partner in McDermott's Intellectual Property, Media & Technology Practice Department, Mr. Beckwith stated that the case would affect "likely any area of manufacturing where you are putting limits on how the technology can be used or hope to use it." Regarding the sale of products with contractual restraints, Mr. Beckwith added that "there’s a fairly long history of being able to impose some restrictions of use of what you can do with the patented article."
David M. Beckwith, Intellectual Property, Media & Technology
Paul Devinsky was quoted extensively in the January 2008 issue of Technology Transfer Tactics in an article regarding sublicensing strategies for tech transfer offices. Click here to access the full text article.
Paul Devinsky, Intellectual Property, Media & Technology, Licensing
2007
The Washingtonian released its fifth list of "Big Guns" in the December 2007 issue. The Washingtonian selects "Big Guns" based on peer recommendations and follow-up interviews. The following McDermott lawyers were named "Big Guns": Bobby R. Burchfield, Joel M. Freed, Abbe D. Lowell and Blake D. Rubin.
Bobby R. Burchfield, Joel M. Freed, Abbe D. Lowell, Blake D. Rubin, Intellectual Property, Media & Technology, Tax, Trial
Michelle Burke was quoted in a November 18 article in the online edition of Naples News regarding the growth of the Ave Maria brand. Started by Domino's founder Tom Monaghan, the brand originally promoted traditional Christian products, but has expanded to include such items as wigs and umbrellas. Ms. Burke discussed the trademark implications of the Ave Maria brand as it is increasingly being used on ever more products. "The more diverse you are, the easier it is for the trademark owner to claim confusion if someone starts an unaffiliated business" using the product brand, she said.
Michelle C. Burke, Intellectual Property, Media & Technology
The November 12 issue of Chemical & Engineering News (C&EN) magazine included a letter to the editor from Jason Lief regarding the article from the September 17 edition concerning the new proposed patent legislation before congress as it relates to the justified concerns about the legislation and it's potential damaging effects in weakening patent protections.
Jason A. Lief, Intellectual Property, Media & Technology
Laurence M. Berman was mentioned in an October 31 article published in IP Law360 regarding an interview that was done with Floyd A. Mandell. When asked who another IP lawyer outside his firmed has impressed him, he responded, "Laurence M. Berman…is a fantastic trial attorney and has a passion for the law and a great presence in front of juries."
Laurence Berman, Intellectual Property, Media & Technology
William Gaede was quoted in an October 23 article published by IP Law360 regarding a federal jury's ruling that Amgen Inc.'s patents were infringed by Roche Holding AG's generic drug Mircera. Mr. Gaede represented Amgen in the case along with others from McDermott. "We're thrilled with it…It's a terrific victory for Amgen," Mr. Gaede commented.
William Gaede, Intellectual Property, Media & Technology, Life Sciences & Medical Device Litigation, Life Sciences & Medical Devices, Life Sciences - IP, Litigation - IP, Media & Tech
Laurence Berman was quoted in an October 10 article published by IP Law360 regarding Google Inc.'s new feature, AdSense, which allows websites to target YouTube videos with embedded ads. Mr. Berman commented on how as a result of this ability to match up contextual advertisements with the applicable videos, Google may end up with issues defending itself from copyright holders. "The legal standard is the following - if you can show that Google knew or should have known that they are infringing someone's copyright, they can be liable for a contributory infringement claim. Anything that shows that they could know more about one video over another could help a plaintiff meet the legal standard for showing copyright infringement," Mr. Berman said.
Laurence Berman, Intellectual Property, Media & Technology
Raphael V. Lupo was quoted in the October edition of Technology Transfer Tactics regarding the U.S. Court of Appeals decision in the case, In Re Seagate Technology, LLC, and it's effects on proving willful infringement. Mr. Lupo stated that the courts decision will make it more difficult for plaintiffs to prove that opponents are engaged in willful infringement. "They have to show that there was a reckless disregard for the patent and for the warning they gave the licensee about infringement," he said.
Raphael V. Lupo, Intellectual Property, Media & Technology
Paul Devinsky was quoted in a September 11 article by Technology Daily regarding patent holding firm NTP's decision to sue several of the nation's largest wireless carriers for alleged patent infringement. Mr. Devinsky's prediction is that the defendants would move for an immediate stay pending conclusion of the re-examination and that the stay would be granted. He suggested that NTP may be concerned about pending patent litigation on Capitol Hill and that NTP "is seeking to be certain their damage claim is calculated under the current statute."
Paul Devinsky, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
On August 6, Ralf Weisser was mentioned in several news wire stories such as Yahoo News as a speaker at the EUROFORUM Conference "IPTV" scheduled for September 17 to 18 in Cologne, Germany.
Ralf Weisser, Intellectual Property, Media & Technology, Telecommunications
Raquel Rodriguez was mentioned in a July 31 article published by the Miami Herald regarding a trademark infringement case over the rights to use the phrase "Miami Fashion Week." Currently three companies refer to their fashion week as "Miami Fashion Week", however Fashion Week of the Americas, represented by Ms. Rodriguez, has brought a lawsuit regarding their rights to this phrase. Ms. Rodriguez stated that her client first used the phrase in 1999 and that the longevity strengthens her case.
Raquel Rodriguez, Intellectual Property, Media & Technology, Trademark/Brand Protection & Enforcement, Trial
Vera M. Elson was quoted in the July 20 issue of The Recorder in an article regarding law firms expanding their practice in the area of accelerated patent cases before the International Trade Commission. Ms. Elson explains that it is very difficult for firms to enter the practice of accelerated patent cases. "It's the kind of thing where you can't make a halfhearted effort....It's a hard thing to dabble in," Ms. Elson said.
Vera M. Elson, Intellectual Property, Media & Technology, International Trade Commission, Litigation - IP, Media & Tech
John J. Dabney was quoted in a July 20 article published by Intellectual Property Watch regarding a U.S. ruling that won the protection given to famous foreign trademarks. Mr. Dabney commented on the new International Trade Commission Ruling and it's effect on foreign companies operating within the U.S. "It creates an incentive for unscrupulous companies to find well-known foreign trademarks, use them in the US [thus obtaining US trademark rights], and try to shake down the marks' owners when they try to expand into the US market," Mr. Dabney said.
John J. Dabney, Intellectual Property, Media & Technology, International Trade Commission, Trademark/Brand Protection & Enforcement
Joan M. Griffin appeared in an on-air interview with Boston Channel 5 on July 6 for a story concerning the recent difficulties of the Massachusetts State crime lab and specifically the lack of oversight by trained scientists. The story coincided with the release of the Vance report, an independent review of the state crime lab. "In my mind, there's no question that if this could be separated from the police, we would be better off. You have people running laboratories who are traffic cops with no scientific training at all," said Ms. Griffin.
, Intellectual Property, Media & Technology, Life Sciences - IP
Gordon Greenberg, Terrence McMahon and James Sanders have been recongnized in the Who's Who Legal: California 2007 edition. Who’s Who Legal: California recognizes 725 leading private practitioners in 25 distinct practice areas. James Sanders and Gordon Greenberg have been recognized for their business crime practice, while Terrence McMahon has been recognized for his patent practice.
Gordon A. Greenberg, Terrence P. McMahon, James L. Sanders, Intellectual Property, Media & Technology, Trial
Michael E. Shanahan was mentioned in a June 28 article published by IP Law360 for joining McDermott's Intellectual Property, Media & Technology Department in New York. Mr. Shanahan has recently been counseling clients looking to merge, acquire or invest in technology companies. "There's a greater awareness among investors of the importance of intellectual property. For private equity groups or any other company looking to make an investment, the value of a company's intellectual property is looming larger than it has in past years," he said.
Michael E. Shanahan, Intellectual Property, Media & Technology
Joel Grosberg was quoted in a June 26 article published by Red Herring regarding Google's request to a federal judge for intervention in the Microsoft anti-trust settlement with the U.S. that is set to expire in November. Mr. Grosberg spoke about Google's legal strategy and it's attempt to limit Microsoft's business. "It's quite common for competitors to use the government or make anti-trust complaints to attempt to gain some competitive advantage in the market or make it more difficult to compete. It's not unusual in that (Google) is doing it. It is unusual in making it a public dispute rather than a private one," Mr. Grosberg said.
Joel R. Grosberg, Antitrust & Competition, Antitrust - IP, Media & Tech, Intellectual Property, Media & Technology
Jason A. Lief was quoted in a June 7 article published by IPLaw360 regarding a provision of the U.S. Senate drug user fee bill that would lower the amount of market exclusivity that drug makers are awarded for pediatric testing of their drugs. Mr. Lief analyzed the switch from a six month exclusivity period to a three month exclusivity period by using a cost benefit analysis looking at the cost to society for the extra three months that is currently in place. "Is it too high given the benefits of some additional information on the clinical affects of a drug on children? Six months is worth it because they couldn't get people to do (the testing) without it," he said.
Jason A. Lief, Intellectual Property, Media & Technology, Life Sciences - IP
Mark Wine was quoted on May 15 in IP Law360 in regards to Microsoft’s move to seek patent royalties from open source distributors and users. “It was a surprise last Fall when they signed [an agreement] with Novell….You had to figure at some point they’d engage in some kind of marketing attempt that would steer people towards their licensed Linux provider…. This may simply be the beginning of that effort,” commented Mr. Wine. He continued, “There are several big contracts up for consideration…. By threatening users and distributors with a lawsuit, they could [be using] this announcement to steer customers towards licensed software instead of unlicensed Linux providers, such as Red Hat.”
, Intellectual Property, Media & Technology, Licensing, Litigation - IP, Media & Tech, Patent Prosecution
Mark P. Wine was quoted in a May 15 article published by IDG News Service regarding Microsoft’s move to seek patent royalties from open source distributors and users in an attempt to use legal threats to deflect attention from company problems. Mr. Wine agreed that Microsoft is hoping companies will pay without a fight rather than engage them in a legal battle. He also said Microsoft may be trying to drive open source software users to migrate to its products. "I think it's as much a marketing move as anything else," he said. "If you're really serious, you sit down and have a discussion, and you tell [open-source users] which patents, or you sue them." This article appeared in MacWorld and Computer World.
, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Trademark/Brand Protection & Enforcement
Marc Brown was quoted in the May 5 edition of Information Week regarding business method patents resulting from the U.S. Supreme Court's recent decision on the KSR v. Teleflex case. "Business method patents already are difficult to get, and this ruling will make them even more so. They're going to be much more prone to attack," he said
Marc E. Brown, Intellectual Property, Media & Technology, Patent Prosecution
Marc Brown was interviewed by the EE Times for its May 2 issue regarding the U.S. Supreme Court's ruling on KSR v. Teleflex. While the decision clearly rejected a "rigid rule" test, the Court wasn't explicit about what takes its place. “What they have been less clear about is what the new test is. Some of the most controversial patents of recent years have been so-called ‘business method’ patents, such as a company patenting a particular way of doing business. One such example is a long-running case involving eBay and its 'buy it now' option, which a jury decided violated a patent held by a small company, MercExchange. Business method patents already are difficult to get, and this ruling will make it even more so. They're going to be much more prone to attack," said Mr. Brown.
Marc E. Brown, Intellectual Property, Media & Technology, Patent Prosecution
John Fuisz was quoted by the Chicago Tribune on May 1 regarding the impact of the U.S. Supreme Court's decision in KSR International Co. v. Teleflex, Inc. et al on a pending patent infringement suit between Vonage and Verizon. "Vonage is trying to invalidate Verizon's patents," commented Mr. Fuisz. "I'm sure the KSR decision will help them."
John R. Fuisz, Intellectual Property, Media & Technology, Patent Prosecution
Paul Devinsky was quoted in the May issue of ABA Journal regarding the issues behind patenting tax strategies. Mr. Devinsky states, “If you think a patent claim is invalid, you have to get your patent attorney involved and get an opinion of counsel stating that the claim is invalid—which is one of the best ways to protect yourself...." “That’s a pretty big deal every time you want to file a tax return for a major client.”
Paul Devinsky, Intellectual Property, Media & Technology, Patent Prosecution, Trademark/Brand Protection & Enforcement
McDermott Will & Emery was mentioned in the 25 April issue of Handelsblatt regarding being the legal advisor of DSS in an article about its success in the patent litigation and the possible appeal against the judgement through EZB which doubts the competency of the EuGH.
Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
Mark Wine was quoted in IP Law360 on April 20 in regard to Hewlett-Packard's filing of a patent infringement suit against Acer Inc. and its American subsidiary, Acer America Corp. "It's a compliment of sorts to Acer, which has made up a lot of ground and is beginning to challenge its competitors," commented Mr. Wine. He continued by commenting that, "And when a competitor starts nipping at your heels you start to look at IP more critically." This article also appeared on March 28.
, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Mary Lee Turk was mentioned in the April 4 edition ofPrism Insight: Trust & Estates Online Exclusive for her report she had written that discusses the issues, history and potential problems involved with patents for tax strategies.
Mary Lee Turk, Intellectual Property, Media & Technology, Private Client, Tax
Toby Kusmer was quoted in the March 2 issue of the Boston Business Journal regarding changes to the Federal Rules of Civil Procedure which went into effect on December 1, 2006. "This is a classic case of the law not really being ready for changes in the way we do business," commented Mr. Kusmer. He continued by commenting that "The rule changes are affecting the advice lawyers give their clients in terms of how to keep their electronic records and have consistent policies in place. Otherwise, clients could set themselves up for charges of destroying evidence."
Toby H. Kusmer PC, Intellectual Property, Media & Technology
Stephen Becker was quoted by Reuters on February 23 regarding the $1.52 billion patent verdict against Microsoft Corp. "This is one that impacts on everyone that has an MPS," commented Mr. Becker. "It's not only impacting on makers of esoteric technology."
Stephen A. Becker PC, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
David Gay was quoted in the Contra Costa Times on February 22 in an article on the ruling by the USPTO against Genentech in the re-examination of its patent that generates an estimated $300 million a year in royalties from companies using the technology to make cancer and rheumatoid arthritis treatments. "An earlier patent on the technology expired last year, and companies paying royalties expected to be able to stop," said Mr. Gay. "That's the idea that's upsetting people, and they are hoping the patent would go away," he said. "Somebody got heated up enough to say, 'I'm going to stop this,' and they filed the re-exam request."
David A. Gay Ph.D., Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Astrid Spain was quoted in the East Bay Business Times on February 21 in an article about the rejection by the USPTO of Genentech's claims to a lucrative patent covering methods for making monoclonal antibodies. "If the decision holds up, it would mean there was clearly some art that was missed in the initial examination that would create a substantial new question of patentability," said Ms. Spain. "In general, Genentech is known to have a very sound patent strategy and high-level patent prosecution. That something was missed - a piece of prior art - is surprising, particularly for a patent that is of such importance."
Astrid R. Spain, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Terrence P. McMahon and William Gaede were featured in the February 2007 issue of IP Law & Business in a two-page article, "Trial Tips: In the race to develop a new drug for juvenile growth disorder, did Insmed rely on Genentech's patents?" This article discusses the closely watched biotechnology case, Genentech Inc. et al. v. Insmed Incorporated et al., the history of the patent battle for co-plaintiffs Genentech and Tercica, and the trial strategies employed by the McDermott team for Firm client Tercica.
William Gaede, Terrence P. McMahon, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Trial
James Hill, M.D., was quoted in MX, a publication dedicated to business strategies for medical technology executives, in its article "Preparing for Patent Reform" (January/February 2007). The article discusses the key elements of the U.S. patent reform proposals and the implications for medtech manufacturers. Dr. Hill stated, "clients that previously opted not to have their applications published will need to change their strategy." He also goes on to discuss what issues need to be considered by patent holders including infringement suits, injunctions and trade secrets. Additionally, McDermott Will & Emery was listed as one of the top IP firms for the medtech industry.
James W. Hill M.D., Intellectual Property, Media & Technology
Christian von Sydow, David Cifrino and Paul Melot de Beauregard were mentioned in the February issue of Juve Rechtsmarkt regarding Nova Analytics in the acquisition of Ebro Electronic Instruments.
Paul Melot de Beauregard, David A. Cifrino PC, Christian von Sydow, Corporate, Employee Benefits & Pensions, Intellectual Property, Media & Technology
Astrid R. Spain was quoted in the January 21 edition of The Star-Ledger in an article discussing the case regarding Sanofi-Aventis' patent for clopidogrel bisulfate, the chemical name for Plavix, which the drugmaker co-markets with Bristol-Myers. The companies are expected to prevail in their patent-infringement suit against Apotex. Ms. Spain commented, "There isn't anything remarkable about the merits that are being argued. The arguments are pretty ordinary. The science behind it is not that complicated and Apotex is going to have an uphill fight on the merits."
Astrid R. Spain, Intellectual Property, Media & Technology, Life Sciences & Medical Devices, Life Sciences - IP
David A. Gay, Ph.D. was quoted in the January 10 issue of The Baltimore Sun regarding the Supreme Court's decision on MedImmune patent case. Dr. Gay said the decision has the potential to restructure everything.
David A. Gay Ph.D., Intellectual Property, Media & Technology, Life Sciences & Medical Devices
Paul Devinsky was quoted by Reuters on January 9 in regard to the Supreme Court's decision in favor of MedImmune. Mr. Devinsky commented that the decision could prompt patent owners to put conditions in their licenses that trigger immediate termination when a patent's validity is challenged.
Paul Devinsky, Intellectual Property, Media & Technology
2006
Astrid Spain was quoted in The Deal on December 4 in an article on the pharmaceutical industry in China. "I think the only strategy to deal with China is to take into account that they are moving through industrialization into a capital market society and to keep in mind that not long ago they made a shift from socialism into a capitalist society. Those things still significantly shape their business environment," commented Ms. Spain.
Astrid R. Spain, Intellectual Property, Media & Technology, International, Life Sciences & Medical Devices
Joan Griffin was quoted in The Boston Globe on December 4 in regard to a trademark dispute between Lunesta and Tharos Laboratories, Inc. "In the old days, you'd say a logo didn’t really matter, because these things are prescribed by doctors," commented Ms. Griffin. "But if they're advertising it on TV, they're aiming it at consumers, and the logo matters." She continued and said Tharos could face a tough road proving that a big green moth is causing confusion with its blue butterfly.
, Intellectual Property, Media & Technology, Life Sciences & Medical Devices
Margaret "Peg" Duncan was quoted in the November 15 issue of The Chicago Tribune in regard to potential buyers of a company examining the target company's patent portfolios as part of due diligence.
Margaret M. Duncan, Intellectual Property, Media & Technology
Stephen Becker was quoted in the November 8 issue of The National Law Journal regarding the massive backlog at the U.S. Patent & Trademark Office. He commented on the office's idea of deferred examinations, saying, "I think fewer people might opt not to examine patent applications if they think they're not going to get commercial importance because filing fees are high."
Stephen A. Becker PC, Intellectual Property, Media & Technology
Terrence P. McMahon was profiled in the November issue of American Lawyer in regard to his representation of Creative Technology, Ltd. in its lawsuit against Apple Computer, Inc. The article, "Top of the Docket: McDermott's Jury Master," was part of the Big Suits column which also featured the litigation.
Terrence P. McMahon, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
On October 25 on AccountingWEB.com, an article on the patenting of tax strategies references the article, "Whose Tax Law Is It?" by Paul Devinsky, John Fuisz and Thomas Sykes published in the October 16 issue of Legal Times. The article references the authors' statement that tax patents could lead to unequal treatment under the tax code, becoming "government issued barbed wire" for some taxpayers.
Paul Devinsky, John R. Fuisz, Thomas D. Sykes, Intellectual Property, Media & Technology, Tax
A pro bono case led by Evan Parke was reported on in the October 23 issue of The National Law Journal. The case is a class action against three term paper websites and its owners for alleged theft of academic work. Mr. Parke commented, "This type of issue where you have rampant unauthorized use of someone else's information is widespread on the internet, and it's just now beginning to be dealt with."
, Intellectual Property, Media & Technology, Pro Bono
On Friday, October 20, the front page of The New York Times business section included an article on the patenting of tax strategies with a significant reference to the article, "Whose Tax Law Is It?" by Paul Devinsky, John Fuisz and Thomas Sykes published in October 16 issue of Legal Times. The Times article also said when asked what John thought Congress would do he said action was possible, recalling that six years ago doctors got Congress to protect them from patent infringement suits over surgical techniques. This article also appeared in the International Herald Tribune on October 19 and the Kansas City Star on October 25.
Paul Devinsky, John R. Fuisz, Thomas D. Sykes, Intellectual Property, Media & Technology, Tax
Astrid Spain was quoted in the October 5 edition of The Baltimore Sun in an article discussing the arguments presented before the U.S. Supreme Court in the MedImmune Inc. v. Genentech Inc. Ms. Spain commented, "Licensing relationships are such an integral part of everyday business, that I think there's a lot of interest from the corporate world in this case." She was also quoted in an interview with Bloomberg News. A ruling in MedImmune's favor would put companies seeking a license "in a totally different position in that power balance" in negotiations.
Astrid R. Spain, Intellectual Property, Media & Technology, Life Sciences & Medical Devices, Life Sciences - IP, Litigation - IP, Media & Tech
Thomas Sykes was quoted in the October 2006 issue of The Chicago Lawyer in the article, "Patent attorneys, tax advisers square off over patenting tax strategies," about the controversy growing out of a surge in patents being granted for specific tax planning techniques. "Patents are allowing people to own a piece of the law. One arm of government is granting the tax benefit [while] another hand of government is taking away from it. It just runs counter to every instinct I think most of us have as to how law ought to work," Mr. Sykes said.
Thomas D. Sykes, Intellectual Property, Media & Technology, Tax
Thomas Sykes was quoted in the October 1 issue of Financial Advisor magazine on the implications of granting patents for tax reduction methods. "For many strategies you consider that haven't been in the public domain for very long, you'll have to perform due diligence to make sure someone hasn’t patented them. It would be a major burden," Mr. Sykes said.
Thomas D. Sykes, Intellectual Property, Media & Technology, Tax
Joan Griffin was quoted by the Boston Business Journal on September 22 in an article concerning genetic-related treatments boosting patent filings. Ms. Griffin commented, "In our experience most biotech patents represent an invention well beyond just basic scientific knowledge, which is unpatentable." "There is a difference between identifying a gene and its relationship to a disease or other condition, and figuring out how to use that knowledge to treat the disease or condition."
, Intellectual Property, Media & Technology
Melise Blakeslee was quoted in NewsFactor Network on September 20 in "U.S. May Ask ISPs for More Customer Data," an article about possible legislation requiring Internet service providers to keep customer records for at least a year. She states, "the wording is so vague that it includes not just major ISPs like AOL, but also much smaller service providers and local ISPs."
Melise R. Blakeslee, Intellectual Property, Media & Technology
Michael Anthony, Bobby Burchfield, Gordon Greenberg, Christopher Jedrey, Ray Lupo, Terry McMahon, Michael Pope, Richard Smith and Jeffrey Stone will be recognized in the fall edition of Lawdragon magazine on its annual survey of the top 500 lawyers in the United States, the Lawdragon 500.
Michael F. Anthony, Bobby R. Burchfield, Gordon A. Greenberg, Christopher M. Jedrey, Raphael V. Lupo, Terrence P. McMahon, Michael A. Pope PC, Richard W. Smith, Jeffrey E. Stone, Corporate, Health, Intellectual Property, Media & Technology, Trial
Wolfgang von Frentz was recognized in the September issue of Juve Rechtsmarkt in its "40 under 40" feature about young lawyers with a special power of character, which might be the reason why and how they are going to conquer the law market.
Wolfgang Freiherr Raitz von Frentz, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
Carol Harrington was quoted in an August 30 article in Fortune Magazine in an article that explored the recent trend of patenting tax shelters and loopholes. "If you can patent an interpretation of the tax law, why not patent anyone's legal advise?" Ms. Harrington said. "Then you could say people being prosecuted for murder can't use a certain defense without paying a licensing fee. Something is seriously wrong with that in my view," she added.
Carol A. Harrington, Intellectual Property, Media & Technology, Private Client
David Bloch was quoted in the August 14 edition of IP Law360 in an article discussing the legal warning letters Google Inc. recently sent to mass media companies warning against the dilution of the company's trademark by using the company's name as a verb. "Google is a very long way from losing its trademark rights, even with the rise of the verb to google in common parlance. It's extremely uncommon for marks to become so generic that all trademark exclusivity is lost," said Mr. Bloch. He continued, "I don't think Google has any legal mechanism to prevent a media outlet from using the verb to google, unless the article deliberately connects the verb to the use of a competing search engine."
, Intellectual Property, Media & Technology
Boris Uphoff was quoted in the August edition of IP Law & Business on ambush marketing specific to the FIFA World Cup.
Boris Uphoff, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
Melise Blakeslee commented in the August 1 issue of Newsfactor Magazine regarding libel issues for internet service providers whose customers have written defaming comments on internet message boards, blogs and/or internet venues. Ms. Blakeslee also commented on the ease of finding anonymous commentators in today's internet savvy age.
Melise R. Blakeslee, Intellectual Property, Media & Technology
David Gay and client Glen Evans were featured in the August edition of IP Law & Business as a "dynamic duo." Mentioned in two articles, David and Glen's inventor-lawyer relationship was showcased highlighting the ingenuity of the attorney that allowed the inventor to reap maximum value from his ideas. The story discusses the biotech start-up founded by Glen Evans and David's role in ensuring that the intellectual property was in synch with the company's business goals. The company was sold to Johnson & Johnson in 2004 for millions of dollars.
David A. Gay Ph.D., Intellectual Property, Media & Technology, Life Sciences & Medical Devices, Life Sciences - IP
On June 22, Marc E. Brown was quoted in InformationWeek in the article, "Supreme Court Sidesteps Deciding Key Patent Case." The article discussed the Court’s ruling on a patent infringement case that had the potential to invalidate business-method patents. Regarding the Court’s decision to dismiss an appeal by Laboratory Corporation of America because it addressed issues not dealt with by lower courts, Mr. Brown suggested a decision could have removed one of the clouds hanging over business method payments. "This case had the potential of seriously disrupting the status quo, but the Court's inaction signaled that a change is no longer immediately on the horizon as the Federal Circuit has been very pro business-method patents, so contrary to a decision by the Supreme Court, the right to a business-method patent is pretty secure."
Marc E. Brown, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Jason Levine was named in Lawdragon Magazine's (June 2006) inaugural list, "Lawdragon 500 New Stars," recognizing both up-and-coming talent as well as lawyers who have created fascinating new practices.
Jason A. Levine, Intellectual Property, Media & Technology, Trial
Melise Blakeslee was quoted in the May 22 issue of ComputerWorld in regard to a statement of work that defines the scope of work required and the time in which it is to be performed. Ms. Blakeslee commented that a statement of work should clarify for all parties what constitutes success or failure.
Melise R. Blakeslee, Intellectual Property, Media & Technology
David Beckwith was quoted in the May 19 issue of the San Diego Daily Transcript in an article discussing the recent decision by the U.S. Supreme Court in eBay v. MercExchange: "The District Court really put a lot of focus on the fact that MercExchange was willing to license and wasn't practicing an invention themselves."
David M. Beckwith, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Melise Blakeslee was quoted by Computerworld on May 18 regarding the writing of statements of work and how they must define success.
Melise R. Blakeslee, Intellectual Property, Media & Technology
Oliver Steffens and Wolfgang von Frentz were guests on the Indian television station T1 in connection with their speaking engagement at the televised 2006 World Customs Organisation IT Conference and Exhibition.
Wolfgang Freiherr Raitz von Frentz, Oliver Steffens, Antitrust & Competition, Competition - Germany, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
Paul Devinsky was quoted by Globe and Mail on April 11 regarding China Unicom Ltd.’s. new push mail service called "RedBerry" and its possible trademark infringement of the "BlackBerry" name. Mr. Devinsky commented that the consumers' likelihood of confusion would be strong enough for Research in Motion (RIM) to have a persuasive case. Mr. Devinsky also said "RIM's position would probably be enhanced in a Chinese court if China Mobile joined any action against RedBerry. Ultimately, any legal fight would hinge on who registered the trademark and service mark for BlackBerry first in China…"
Paul Devinsky, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Paul Devinsky was quoted in the Friday, March 3 release of IPLaw 360 following the Research in Motion (RIM) settlement with NTP, Inc. Mr. Devinsky stated, ""This settlement is not unexpected. Judge Spencer's insistence that he would soon issue a judgment and his impatience that an agreement had not yet been made were clear indicators that the parties needed to come to a business resolution."
Paul Devinsky, Intellectual Property, Media & Technology
Kori Anne Bagrowski was quoted in Investor's Business Daily on February 27 after attending the Blackberry hearing.
Intellectual Property, Media & Technology
Paul Devinsky was quoted in The Globe and Mail on February 25 regarding the Blackberry case and stated, "RIM should go gung-ho and implement its design around and be done with it, or it should settle...". "Obviously, there are huge egos at play here on both sides."
Paul Devinsky, Intellectual Property, Media & Technology
Melise Blakeslee commented in the February 20 issue of ComputerWorld in an article concerning the issues companies face in global expansion and purchasing the competition to grow the business.
Melise R. Blakeslee, Intellectual Property, Media & Technology
Boris Uphoff was quoted in the February 18-24 issue of The Economist on Britain's House of Lords debate on anti-ambush-marketing provisions in the London Olympics Bill.
Boris Uphoff, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
William Gaede was recognized in American Lawyer's (February 2006) "Star Laterals of the Year" as one of the 10 most significant lateral moves in the United States in 2005.
William Gaede, Intellectual Property, Media & Technology, Life Sciences & Medical Devices
Paul Devinsky was quoted by the National Journal's Technology Daily on January 23 in the article, "Supreme Court Declines Review of Blackberry Dispute." Mr. Devinksy commented, "Basically, RIM has to figure out a way of either getting [U.S. District] Judge [James] Spencer to issue his injunction, and put it on stay pending Patent and Trademark Office developments, or they're going to have to settle..."
Paul Devinsky, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
David Beckwith was quoted in the January 11 issue of the San Diego Daily Transcript in an article discussing issues surrounding patent law reform proposed by the U.S. House of Representatives.
David M. Beckwith, Intellectual Property, Media & Technology, Patent Prosecution
Boris Uphoff was quoted in the January 5 issue of Handelsblatt and several other publications concerning the fight against product piracy in Asia.
Boris Uphoff, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
Dennis Mondolino, Lisa Ferri, Michael Hurley and Jason Lief were mentioned in the 1/2006 issue of Juve Rechtsmarkt as new IP lawyers based in our New York office.
Lisa M. Ferri, Michael F. Hurley, Jason A. Lief, Dennis J. Mondolino, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
2005
Ralf Weisser and Florian Vogel were mentioned in the December issue of JUVE Rechtsmarkt regarding the cooperation of T-Online and Warner Bros. in the video-on-demand sector.
Florian Vogel, Ralf Weisser, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany, Telecommunications
John Dabney was quoted in the December 2005 issue of Corporate Legal Times in regard to the Lanham Act. Mr. Dabney commented said, "The First Circuit' has definitely established a new framework for applying the Lanham Act extraterritorially," in response to a recent court decision involving a Japanese infringement in the United States.
John J. Dabney, Intellectual Property, Media & Technology
Paul Devinsky was quoted in the December 1 issue of the Globe and Mail regarding the Research in Motion intellectual property litigation. Paul commented that the best legal strategy would be to remove any claims of infringement from the start.
Paul Devinsky, Intellectual Property, Media & Technology
McDermott won the JUVE Award 2005 as best law firm of the year for media and was mentioned among the 50 most renowned business law firms in Germany in the November 25 issue of Handelsblatt.
Ralf Weisser, Intellectual Property, Media & Technology, Telecommunications
Seth Greenstein was mentioned in the November 3 issue of the Washington Post in an article on webcasters' rights to content as the lawyer for the Digital Media Association, which represents many webcasters.
, Intellectual Property, Media & Technology
Rohan Massey was interviewed for the weekly Radio 4 Law in Action program regarding his views on the relationship between the growth of internet use and the growth in reports of identity theft.
Rohan Massey, Intellectual Property, Media & Technology, IP, Media & Tech - London, London
McDermott was announced in the 28 October issue of Juve newsline as winner of the Juve award "law firm of the year for media."
European Telecom, Media & Technology, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
McDermott Will & Emery was mentioned in the Big Suits column in the October issue of IP Law & Business in regard to representing Document Security Systems Inc. in its suit against the European Central Bank alleging that all euro banknotes in circulation infringe its European patent.
, Intellectual Property, Media & Technology, IP, Media & Tech - London, London
Boris Uphoff was quoted several times in the September 29 issue of the Handelsblatt regarding concept protection for agencies. He also published an article in the October 2005 issue of Absatzwirtschaft on the same topic.
Boris Uphoff, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
Wolfgang von Frentz was quoted in the August 14 issue of Frankfurter Allgemeine Zeitung concerning an article about the Firm's victory for RTL, RTL II and Vox, all part of the RTL Group, one of the top TV and radio broadcasting groups in Europe, on a successful litigation before the Regional Courts in Leipzig, Munich and Cologne against Netlantic GmbH. Netlantic produces an online video recorder under the name of www.shift.tv and was transmitting programs seen on RTL Group's Free-TV stations via its internet provider. The Firms was retained by RTL Group to represent its three Free TV-stations, RTL Television (Germany's biggest TV-station), RTL II and Vox in a litigation to stop the transmissions of the programs being seen on www.shift.tv.
Wolfgang Freiherr Raitz von Frentz, European Telecom, Media & Technology, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany, Telecom - Litigation, Telecommunications
Melise Blakeslee was quoted extensively in the August 8 issue of Computerworld regarding increased IT security and standards as a result of various new standards and federal laws, including Sarbanes-Oxley and HIPAA. "Companies have to be aware that their behavior, their security and their technology will be measured against something, either standards in the industry or what they told their customers they'd be doing," Ms. Blakeslee commented. In one sidebar article to this feature, Ms. Blakeslee provided an example of one financial institution that has increased its use of contracts to ensure security among vendors and partners. The second sidebar Ms. Blakeslee recommends you work with you legal department to ensure that IT meets contractual security obligations.
Melise R. Blakeslee, Intellectual Property, Media & Technology
McDermott was mentioned in the August 3 issue of Financial Times Deutschland and Süddeutsche Zeitung as the law firm advising DSSI in its lawsuit against the European Central Bank.
, Intellectual Property, Media & Technology, IP, Media & Tech - London, London
McDermott was recommended in Legal 500 European Edition 2005 for the practice area of telecoms: "McDermott Will & Emery Rechtsanwälte LLP has a significant profile in terms of its key client, T-Online, but the firm's expertise is equally worthy of note. Downloads and streaming, particularly video-on-demand, have been significant areas for the firm."
European Telecom, Media & Technology, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
McDermott was recommended in Legal 500 European Edition 2005 for the practice area of IP: trade marks: "McDermott Will & Emery Rechtsanwälte LLP has strength across all areas of IP law. In trade marks, the firm advised one international client on the adaptation of a trade mark portfolio across territories throughout Europe, and represented others in trade mark opposition proceedings. The firm is also frequently involved in unfair competition issues."
Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
Bobby Burchfield was listed among the Greater Washington Legal Elite in the August issue of Washington Smart CEO. The magazine contacted thousands of lawyers in the Washington, D.C. area asking them to assess their peers and colleagues and nominate those whom they believe to be among the top Washington, D.C. attorneys.
Bobby R. Burchfield, Intellectual Property, Media & Technology, Trial
McDermott was recommended in Legal 500 European Edition 2005 for the practice area of information technology: "Ralf Weisser's team at McDermott Will & Emery Rechtsanwälte LLP is making great strides, epitomized by the level of work undertaken in the last twelve months by the firm. T-Online instructed the firm on video-on-demand movie licensing agreements and manufacturing agreements for DSL boxes, and Telepool GmbH was advised on a bid for the Kirch Media library. The arrival of Wolfgang von Frentz from Freshfields Bruckhaus Deringer further strengthened a practice very much on the up."
Wolfgang Freiherr Raitz von Frentz, Ralf Weisser, European Telecom, Media & Technology, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
McDermott was recommended in Legal 500 European Edition 2005 for the practice area of media, entertainment and press: "The arrival of Wolfgang von Frentz from Freshfields Bruckhaus Deringer gives McDermott Will & Emery Rechtsanwälte LLP a considerable presence in the market. His close relationships with major television clients will elevate the firm's already strong standing in film and television broadband delivery matters."
Wolfgang Freiherr Raitz von Frentz, European Telecom, Media & Technology, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
An article entitled "Express Route" from the August 2005 issue of IP Law & Business features the success that Tracey Thomas, American Express's Chief IP Counsel, has had in developing American Express's IP program. The article notes that in the five years that Tracey has been American Express's Chief IP Counsel, he has increased the number of patents in American Express's patent portfolio from 10 to 50, launched a patent licensing program that has generated millions of dollars in revenue and successfully defended the company in several patent infringement cases. McDermott is mentioned as American Express's patent litigation counsel.
Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
McDermott was recommended in Legal 500 European Edition 2005 for the practice area of IP: copyright: "McDermott Will & Emery Rechtsanwälte LLP has put a heavy emphasis on building up its IP practice since the entrance of the firm in the German market in 2002. The firm advised several international clients, including Fuji on a variety of matters in 2004, and is frequently involved in associated litigation matters."
Copyrights, Germany, Intellectual Property, Media & Technology, IP, Media & Tech - Germany
Margaret Duncan was quoted in the July 25 issue of the Chicago Sun-Times in an article reporting that the Joe Boxer brand, formerly an exclusive Kmart brand, is being sold. Ms. Duncan commented that both a licensor and licensee must agree to change the terms of their contracts.
Margaret M. Duncan, Intellectual Property, Media & Technology
Mauricio Flores was quoted in the June 14 issue of the ABA Journal regarding the U.S. Supreme Court's decision in Merck KGaA v. Integra LifeSciences (03-1237). Mr. Flores said the running "won't have a dramatic impact" on drug companies' research practices.
, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Mauricio Flores was quoted in The Wall Street Journal on June 14 in regard to the U.S. Supreme Court's decision, vacated and remanded, in Merck KGaA v. Integra LifeSciences (03-1237), in which Mauricio argued before the Court on behalf of Integra. Mauricio was also quoted in the Associated Press, Law.com, Washington Post,Los Angeles Times, The New York Times, San Diego Union-Tribune and San Francisco Daily Journal.
, Intellectual Property, Media & Technology, Life Sciences & Medical Devices, Life Sciences - IP, Litigation - IP, Media & Tech, Trial
Cathryn Campbell and Mauricio Flores were quoted in the June 13 issue of the San Diego Daily Transcript in regard to the U.S. Supreme Court's decision, in Merck KGaA v. Integra LifeSciences (03-1237). "We would've been disappointed if they came out with a bright line that said everything in pre-clinical research is exempt, and they didn't do that," commented Dr. Campbell. "In fact the Supreme Court in effect adopted the interpretation of the law that Mauricio Flores and his team proposed at the trial." Mr. Flores commented: "This issue has to be approached on a case-by-case basis."
, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Mauricio Flores was quoted in the June issue of Corporate Legal Times in an article reporting on Merck KGaA v. Integra LifeSciences, et al. which was argued before the U.S. Supreme Court this spring. Integra argued that Scripps was conducting research for a lot of commercial reasons unrelated to a FDA application. "We think that the evidence show that what was going on at Scripps was not FDA related, that they were just trying to come up with some FDA justification after the fact," commented Mr. Flores, who argued the case before the Supreme Court on behalf of Integra. "They were doing it to generally strengthen the scientific premise of Merck's drug program. The premise is that if you inhibit a particular receptor with anything, whether its' an RGD peptide or something completely different, you can inhibit the growth of blood vessels. So that's a non-FDA related purpose."
, Intellectual Property, Media & Technology, Life Sciences & Medical Devices, Life Sciences - IP, Litigation - IP, Media & Tech
Terry McMahon was named among the top 30 IP lawyers in the state of California, published on May 2 in the Daily Journal EXTRA.
Terrence P. McMahon, Intellectual Property, Media & Technology
McDermott Will & Emery's Intellectual Property, Media & Technology Department's trademark practice ranked 17th in Intellectual Property Today's latest "Top Trademark Firms" survey (May 2005). With 441 trademark registrations secured for clients in 2004, a 38 percent increase from 2003, the Firm ranked in the top five percent among 330 U.S. law firms.
Intellectual Property, Media & Technology, Trademark/Brand Protection & Enforcement
Terry McMahon and Vera Elson were quoted in the May issue of Patent Litigation Reporter in regard to Extreme Networks' patent victory against Lucent Technologies. "We are very thankful," commented Mr. McMahon. "It was a very smart, careful jury." The jury's verdict was a "victory for the little guy," according to Mr. McMahon. Vera commented that "Lucent missed the boat," with the technology it chose to pursue.
Vera M. Elson, Terrence P. McMahon, Intellectual Property, Media