The Supreme Court recently issued two opinions changing patent law in ways that will affect a number of companies in Minnesota.   Is it Good-Bye, Eastern Texas? First and foremost, in TC Heartland v. Kraft Foods, the Supreme Court overruled 30 ...

Merchant & Gould is pleased to announce that Client Development Manager Kendra D. Brodin has assumed the office of President of the Minnesota Women Lawyers (“MWL”) 2017-2018 Board of Directors. Previously, Kendra served as President-Elect of ...

In a plurality opinion in Matal v. Tam, the U.S. Supreme Court affirmed the Federal Circuit and held that the disparagement clause [of 15 U. S. C. § 1052(a)] “violates the Free Speech Clause of the First Amendment.”[1] Although the Justices ...

Merchant & Gould is pleased to announce the recent expansion of its New York office upon hiring three new attorneys: two electrical engineering partners, Jonathan Berschadsky and Frank DeLucia, Jr., and an industrial engineering associate, Luciano Ricondo. ...

In a unanimous decision in Sandoz Inc. v. Amgen Inc.,[1] the U.S. Supreme Court held that injunctive relief was not available under federal law to enforce 42 U.S.C. § 262(l)(2)(A) of The Biologics Price Competition and Innovation Act of 2009 (“BPCIA”). ...

Three Merchant & Gould offices and fourteen individuals were recognized in the IAM Patent 1000 list of “the world’s leading patent professionals” for 2017.In its rankings of firms and individuals, IAM Patent 1000 includes Merchant & ...

In a nearly unanimous decision delivered May 30, 2017 by Chief Justice Roberts in Impression Prods., Inc. v. Lexmark Int’l, Inc.,[1] the U.S. Supreme Court held that “a patentee’s decision to sell a product exhausts all of its patent rights ...

Merchant & Gould is excited to announce the promotion of attorney Kathleen Ott to partner, after she worked as an associate for nine years. The promotion embraces the growth of the Denver office, bringing greater depth to the firm’s local leadership, ...

TC Heartland LLC v. Kraft Foods Group Brands LLC: Domestic Corporate Residence for Purposes of Patent Venue In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ____ (2017), the Supreme Court held that a domestic corporation “resides” ...

Nancy H. Lutz, a partner in Merchant & Gould's Washington, D.C. area office, will co-present a course on international trademark law and practice at the 139th Annual Meeting of the International Trademark Association (INTA) on May 20, 2017 in ...

Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc.: Under AIA, Public Disclosure of Sale Implicates On-Sale Bar Even Where Details of Invention Are Not Publicly DisclosedIn Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc.,[1] the Federal Circuit determined ...

David C. Bohrer, a partner in the Silicon Valley office of Merchant & Gould, authored an article that was published in the Santa Clara High Technology Law Journal, Volume 33, Issue 4 on April 22, 2017. The stepping off point for the article is that the ...

ChIPs Colorado Chapter Inaugural Event Please join us to celebrate the establishment of the ChIPs Colorado Chapter on Thursday, April 20 from 12-1:30 p.m. at the USPTO Denver office. The festivities will include a reception, lunch, and a speaker panel discussing ...

As part of our CYBERWORLD Series, join us for a complimentary CLE focusing on intellectual property law and cybersecurity, then stay for beverages and heavy appetizers at a networking happy hour in a private room at the Minneapolis Club. Cybersecurity: ...

Merchant & Gould attorneys Nancy Lutz and Dana Jozefczyk will be speaking at an April 5, 2017 forum hosted by the Association of Corporate Counsel - Colorado Chapter. The forum, "What to Expect in Uncertain Times Under the Trump Administration," ...

Merchant & Gould is pleased to announce that Mansi Shah, a partner in the firm’s Silicon Valley office, has been elected as a Fellow to the American Bar Foundation (“ABF”) upon the recommendation of the national officers of The Fellows ...

Star Athletica, L.L.C. v. Varsity Brands, Inc.: Eligibility of Design Features for Copyright ProtectionIn Star Athletica, L.L.C. v. Varsity Brands, Inc., 580 U.S. _____ (2017), the Supreme Court determined that two-dimensional designs appearing on the surface ...

SCA Hygiene Products v. First Quality Baby Products: Laches Inapplicable as Defense to Damages within Six Years of Patent InfringementIn SCA Hygiene Products v. First Quality Baby Products, 580 U.S. ___ (2017), the Supreme Court held that the equitable defense ...

Merchant & Gould is pleased to announce that attorneys Mansi H. Shah and Linhda Nguyen have been selected as members of the Leadership Council on Legal Diversity (LCLD) 2017 class of Fellows and Pathfinders, respectively.“This is an honor and an ...

Merchant & Gould, a national intellectual property law firm with clients in the Rocky Mountain Region, is pleased to welcome five attorneys to its Denver office. The new hires span the last year and include Nancy Simon, Robert Sykes, Ethan Bell, Greg Johnson ...

Strategies & Best Practices for Corporate IP Counsel: The Big PictureYou're invited to the second annual Merchant & Gould In-House Strategies Updates and Panel on March 6 at the Commerce Club in downtown Atlanta. Join us for updates and tactics ...

Merchant & Gould client Plantronics, a leading global designer, manufacturer, and marketer of headsets for business and consumer applications, has filed a brief in a closely-watched U.S. Supreme Court case addressing when and how a patent owner's U.S. ...

Life Technologies v. Promega: “Substantial Portion” as a Quantitative MeasureIn Life Technologies v. Promega, 580 U.S. ____ (2017), the Supreme Court held that a single component of a multi-component patented invention cannot be considered “a ...

The Washington, D.C. area office of Merchant & Gould will host an International Trademark Association (INTA) Trademark Administrator’s Roundtable discussion on “Non-Traditional Marks and the Traditional Practice” on Thursday, Feb. 9 from ...

As published in the January/February 2017 issue of The Federal Lawyer.The United States Supreme Court’s recent decision in Cuozzo Speed Technologies LLC v. Lee1 clarified two important issues regarding post-grant procedures, namely, whether a Patent ...

A trademark is a word, symbol, or a combination of both, which serves to indicate that your company is the source of goods. A service mark is the same except it is for services rather than products. Trademarks are valuable assets of your company and should ...

As published in the Jan. 27, 2017 edition of the Denver Business Journal By Monica Mendoza Photo: Kathleen Lavine Caption: Kirstin Stoll-DeBell, KathleenOtt and Timothy Scull are patent attorneys and partners of Merchant & Gould.If you are a software ...

Merchant & Gould is pleased to announce that partner Heather J. Kliebenstein has been selected as a “40 Under 40” honoree by the Minneapolis/St. Paul Business Journal.This annual award goes to 40 business and community leaders in the Twin Cities ...

A group of six Merchant & Gould professionals took home the first place prize for fastest team in the 2016 Medtronic Twin Cities Marathon 5K Corporate Team Challenge.In Minnesota, the Medtronic Twin Cities Marathon race series brings 25,000 runners and ...

The USPTO Trademark Trial and Appeal Board (TTAB) has adopted new rules.  These rules significantly streamline the TTAB process, including allowing more material to be submitted through a notice of reliance and allowing testimony through declaration.  ...

Tim Scull, managing partner of Merchant & Gould's Denver office, looks back at 2016 and ahead to 2017 in this Law Week Colorado feature article.Managing Partner Roundtable: Moving Forward Law Week Colorado Dec. 19, 2016 Vol. 14 No. 51Law Week on ...

On December 8, 2016, Merchant & Gould scored a victory for its client Aurobindo Pharma Ltd. in Hatch-Waxman litigation in the United States District Court for the District of New Jersey.Aurobindo and several other generic companies are defendants in litigation ...

Samsung Electronics Co. v. Apple Inc.: Redefining Design Patents’ “Article of Manufacture” StandardThe Supreme Court addressed the scope of design patents for which a patentee may recover an infringer’s “total profits” under ...

Please join us for a complimentary Lunch & Learn CLE covering recent rule changes at the Trademark Trial and Appeal Board.Thursday, December 8, 2016 12:00 - 1:30 p.m.The Minneapolis Club Governor's Room 729 2nd Avenue South  Minneapolis, MN ...

Why Patenting Is at Its Highest Level Since the Industrial Revolution By George C. Lewis, P.E. As published in the Denver Bar Association's The Docket, December 2016 The meteoric rise in patent filings reflects a fundamental change in how business ...

Merchant & Gould attorneys George Lewis, P.E., and Greg Leibold, partners in the firm's Denver office, were quoted in a Law Week Colorado article titled "Innovation, Invention and the Patent Law Parallel." Written by Sarah Green, the article ...

Merchant & Gould is pleased to announce that Tracey R. Skjeveland, the firm’s Chief Operating Officer and Chief Financial Officer, has been selected by Finance & Commerce as a “Top Women in Finance” 2016 honoree.Each fall, Finance ...

David Bohrer, partner at Merchant & Gould and managing director of its Silicon Valley office, will be a featured presenter at the fourth annual IP Strategy Summit: Silicon Valley on November 15, 2016. Aligning Your Enforcement Strategy with Business ...

Merchant & Gould is pleased to welcome new associate attorneys Laura L. Hupp, Joseph W. Dubis, Ph.D., and Elisabeth K. Muirhead to its Minneapolis office.Laura Hupp, previously from McKee, Voorhees & Sease, P.L.C. of Des Moines, Iowa, and Shook, Hardy ...

Merchant & Gould is pleased to welcome new partner Scott M. Smith, M.D., to the Minneapolis and Silicon Valley offices.Scott is an M.D. and registered patent attorney who has spent nearly two decades advising medical device companies and the investors ...

The American Intellectual Property Law Association 2016 Annual Meeting will take place October 27-29 at the Marriott Wardman Park Hotel in Washington, D.C.  Mansi Shah, a partner at Merchant & Gould's Silicon Valley office, will give a concurrent ...

Merchant & Gould is pleased to announce that its clients, Hayman Capital and the Coalition for Affordable Drugs (CFAD), secured an unprecedented win on Oct. 21, when the Patent Trial and Appeal Board (PTAB) found most claims in U.S. Patent No. 7,056,886 ...

Chris Stanton, an associate in the Denver office of Merchant & Gould, will host and lead a discussion for the Denver Business Series Legal Café on October 20, 2016. The topic for this quarterly breakfast meeting will be intellectual property protection ...

Merchant & Gould's patent practice has been recognized in this year's edition of IAM Patent 1000, a publication by Intellectual Asset Management that lists the world’s leading patent professionals. In its 2016 rankings of firms and individuals, ...

Please join us for a complimentary CLE focusing on intellectual property law and the ever-evolving Cyberworld Thursday, October 13, 2016 2:30-6:00 p.m. 1801 California Street Denver, CO 80202 CLE - 2:30-4:30 p.m., The New York Conference Room Cocktail ...

Brexit: Implications in Intellectual Property Rights On June 23, 2016, the United Kingdom voted to leave the European Union ("Brexit").  The exact fate of the UK is still up for debate.  What the IP landscape looks like in the aftermath ...

Clark A.D. Wilson will be a panelist in the “Intellectual Property: Patent Process" seminar at the Biomedical Engineering Society Annual Meeting in Minneapolis on October 6, 2016. Industry Session: Intellectual Property: Patent Process Thursday, ...

Merchant & Gould is pleased to announce that Mansi Shah, a partner in the firm’s Silicon Valley office, has been named a Best Lawyer Under 40 (“BU40”) by the National Asian Pacific American Bar Association (“NAPABA”).The BU40 ...

Greg Leibold, a partner in the Denver office of Merchant & Gould, will be a featured speaker at the Association of Corporate Counsel - Colorado Chapter Fall Frenzy event in Denver, Colorado on Sept. 28, 2016. Protecting IP in the Face of Increasing “Coopetition”: ...