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CAFC Affirms Order Striking Expert Testimony and Granting Summary Judgment of Noninfringement

SCOTUS Grants Certiorari to Weigh in on First Amendment Protection to Trademark Parody

CAFC Affirms Board Decision Allowing Claim Amendments

CAFC Holds Delay in Deciding Transfer Motion is an Abuse of Discretion

CAFC Vacates Summary Judgment of Invalidity Due to Improper Claim Construction

Brian Batzli Named President of AIPLA

Merchant & Gould is pleased to announce that Brian H. Batzli, partner and Chairman Emeritus, is the new president of the American Intellectual Property Law Association (AIPLA). His term began on October 29th. The AIPLA is a national organization that supports ...

CAFC Vacates Preliminary Injunction Issued without Proper Notice

CAFC Affirms District Court’s 12(c) Judgment of Patent Ineligibility

Merchant & Gould Is Ranked 3rd on Patexia 2022 IPR Report’s List of “100 Best Performing Law Firms Overall”

Merchant & Gould is pleased to announce that the firm was recently recognized in Patexia’s 2022 IPR Intelligence Report, ranked third among the “100 Best Performing Law Firms Overall,” representing petitioners or patent owners in inter ...

Merchant & Gould Welcomes One Partner and Two Associates in Minneapolis Office

Merchant & Gould is pleased to have welcomed one partner and two associates to its Minneapolis team: Christian J. Hansen, partner; Heather S. Chatterton, associate; and Ariel O. Howe, associate.“These three attorneys bring IP experience in growing ...

CAFC Holds New Algorithm Not Required for “Inventive Concept”

Second Circuit Affirms Dismissal of “Stuttering John’s” Right of Publicity Claims as Preempted by the Copyright Act

CAFC Reverses Rule 12(b)(6) Dismissal Based on Patent Ineligibility

Wanner Wins Court Case in China to Protect its Innovations

Wanner Engineering today (1 October 2022) announced that it had won a court judgement in China for an infringement against one of its patents for its Wanner Hydra-Cell seal-less diaphragm pumps. The engineering company is investing tens of millions of ...

Retroactive Agreements Sufficient to Create Standing Under Copyright Act

CAFC Affirms PTAB’s Refusal to Terminate IPRs

CAFC Affirms Dismissal of Duplicative Complaint

Seventeen M&G Attorneys Listed in the 2023 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch in America™

Merchant & Gould is proud to have 17 attorneys listed in the 2023 editions The Best Lawyers in America® and the Best Lawyers: Ones to Watch in America™. Best Lawyers® lists are compiled based entirely on peer-review evaluation, focusing ...

8th Circuit Affirms Dismissal of Copyright Infringement Claims in View of Implied License

CAFC Affirms PTAB Decision on Patents in Parallel IPR and Reexamination Proceedings

CAFC Holds that Patentee Is Estopped from Asserting Invalidity

Daniel Bruzzone Joins Merchant & Gould’s Minneapolis Office as Partner

Merchant & Gould is pleased to announce that Daniel L. Bruzzone joined the Minneapolis office as a partner on May 31, in the Electrical Practice Group.Dan brings more than a decade of experience in patent development, drafting, patent prosecution, filing ...

CAFC Affirms Fee Award Under the Court’s Inherent Authority

5th Circ. Tableware Reset Embraces 7 Trade Dress Factors

Originally published by Law360.The U.S. Court of Appeals for the Fifth Circuit recently issued an opinion in Beatriz Ball LLC v. Barbagallo Co. LLC, reversing and remanding on July 12 a decision from the U.S. District Court for the Eastern District ...

CAFC Affirms Summary Judgment of Patent Ineligibility Under § 101

5th Circuit Reverses Dismissal of Copyright and Trade Dress Infringement Claims

11th Circuit Holds There Is No Prevailing Party when a Dispute Ends in a “Tie”

CAFC Reverses Holding of Contempt for Violation of a Protective Order

CAFC Changes Course in Panel Rehearing of Written Description Case

CAFC Reverses and Vacates Indefiniteness and Jurisdiction Rulings

Fourth Circuit Upholds Finding of Contempt for Violations of Permanent Injunction

CAFC Affirms Judgment of Willful Infringement Despite Error in Claim

Merchant & Gould Launches Business Consulting Group, Advising Clients across Industries on Risk Mitigation and Protection

Merchant & Gould has formalized the launch of a business consulting group, the M&G Integrator™ Program, offering product and service companies a new way to protect their brands in the fast-paced online marketplace. The group’s business-minded ...

Merchant & Gould Welcomes Seven Summer Associates Across Four Offices

Merchant & Gould greeted seven summer associates across the Atlanta, Denver, Knoxville, and Minneapolis offices on June 6. The law students will work alongside our attorneys for eight weeks. “We are thrilled to welcome our summer associates and ...

CAFC Holds USPTO Commissioner May Decide Rehearing Request

Ninth Circuit Affirms Federal Trademark Rights in THC Trademark

Merchant & Gould Receives Mansfield Rule Plus Certification

Merchant & Gould has again achieved Mansfield Rule Certification, this time also attaining the more stringent “Plus” certification. The certification recognizes Merchant & Gould’s commitment to diversity, equity and inclusion through ...

Trademark Lawsuit Involving Non-Fungible Tokens (NFTs) to Move Forward After Court Denies Motion to Dismiss

Merchant & Gould Announces 2022 Pathfinder for Leadership Council on Legal Diversity (LCLD) Program

Merchant & Gould P.C., a national intellectual property (IP) law firm that has been helping innovators around the globe since 1900, is pleased to announce that it has selected attorney Lindsay Jones as its 2022 Pathfinder in the landmark program created ...

Merchant & Gould Names John Winemiller as the Firm’s First-Ever Chief Diversity Officer

Merchant & Gould is pleased to announce that John T. Winemiller, Ph.D., has been named the firm’s first-ever Chief Diversity Officer (CDO), reaffirming the firm’s ongoing commitment to its diversity, equity, and inclusion (DEI) efforts. As ...

Second Circuit Affirms Dismissal of Declaratory Judgment Action on Copyright Ownership

CAFC Holds Generic Industry Skepticism Alone Insufficient to Preclude Motivation to Combine

Tracey Skjeveland Nominated for CBIZ’s 2022 Minneapolis Women Transforming Business Award

Congratulations to Tracey Skjeveland on being nominated for CBIZ’s 2022 Minneapolis Women Transforming Business Award. The award identifies and honors financial leaders who have had a transformational influence within their organization in one of three ...

CAFC Confirms No Bright Line Rule Against Use of Notice Letters to Support Personal Jurisdiction

CAFC Issues Partial Reversal Due to Error in Indefiniteness Determination

Ensuring You Get What You Click

Over the past decade there has been a significant uptick in online sales. COVID-19 only exacerbated this movement, making products even more accessible at the click of a single button. Online purchasing has never been easier, and it seems that consumers are ...

CAFC Applies Claim Differentiation in Vacating District Court Claim Constructions

CAFC Holds District Court Erred by Relying on Expert Testimony on Prior Art to Limit Claim Scope

CAFC Holds PTAB Not Required to Consider All Prior Art of Record in Assessing Patentability of Substitute Claims