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New Product Launch CLE
Join us for a complimentary CLE where you'll learn how to avoid inadvertently triggering the on-sale bar and how to avoid getting into trademark ownership battles with a manufacturer.Thursday, October 26, 2017 2:30-6:00 p.m.1801 California Street Denver, ...
Trade Secret Theft Occurring Overseas
Join us for a complimentary CLE on stopping overseas competitors from using the stolen trade secrets of U.S. businesses, then stay for beverages, appetizers and a networking happy hour amidst compelling Computer History Museum exhibits.This seminar ...
Press Releases
Merchant & Gould Grows Minneapolis Office with Three Associates
Merchant & Gould is pleased to welcome new associate attorneys Karen Beckman, Ph.D., Ryan Borelo and Lindsay Hartman to its Minneapolis officeKaren Beckman joins Merchant & Gould’s Litigation and Chemical & Life Sciences practice groups after ...
Merchant & Gould Attorneys Speak at Midwest IP Institute
Three Merchant & Gould attorneys will be featured speakers at the 2017 Midwest IP Institute on September 28 in Minneapolis. Partners Andrew Lagatta, Heather Kliebenstein, and Rachel Hughey will give presentations on the first day of the conference.2017 ...
Jozefczyk and Lewis Offer IP Considerations for Colorado Startups
Merchant & Gould attorneys Dana Jozefczyk and George Lewis discuss the Colorado startup scene in this Law Week Colorado article.An Intellectual Consideration Merchant & Gould attorneys dish out intellectual property advice in advance of Denver Startup ...
Managing IP Litigation: A Workshop for In-House Counsel
In-house counsel have a unique role in litigation and play an important part in executing overall litigation strategy. Certain litigation tasks are ill-suited to delegation to outside counsel and are better managed in-house.You're invited to a complimentary ...
Press Releases
Seventeen Merchant & Gould Attorneys Named Best Lawyers© 2018
Merchant & Gould is pleased to announce that seventeen attorneys from three of its office locations have been included in The Best Lawyers in America© 2018.Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in ...
Press Releases
Merchant & Gould Provides Legal Help to Minnesotans Living in Poverty
Merchant & Gould, a national intellectual property law firm, is proud to support Volunteer Lawyers Network Ltd., which builds a better Minnesota by protecting the rights of people living in poverty.People of color, women, immigrants, the elderly, people ...
Press Releases
Jonathan Berschadsky Listed in IAM Strategy 300
Merchant & Gould is pleased to announce that attorney Jonathan Berschadsky, a partner in the firm’s New York office, has been included in the 2017 edition of IAM Strategy 300 – The World’s Leading IP Strategists.This guide lists the individuals ...
Press Releases
Loretta Freeman Named in The National Black Lawyers Top 100 and Top 40 Under 40 Lists
Merchant & Gould is proud to announce that attorney Loretta L. Freeman has been named in The National Black Lawyers – Top 100 list for 2017, her third consecutive year to receive this recognition. She has also been named a Top 40 Under 40 Lawyer ...
News Alerts
Impressions from the Heartland
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 ...
White Papers
Matal v. Tam
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 ...
Press Releases
Merchant & Gould Grows New York Office with Three Hires
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. ...
Press Releases
Merchant & Gould Named Pro Bono Firm of the Year by State Bar of Wisconsin
Merchant & Gould, a national intellectual property law firm with an office in Madison, Wisconsin, is pleased to announce that it has received the 2016 Pro Bono Firm or Organization of the Year award from the State Bar of Wisconsin. In the June 15, 2017 ...
White Papers
Sandoz Inc. v. Amgen Inc.
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”). ...
Press Releases
Merchant & Gould Listed in IAM Patent 1000
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 & ...
White Papers
Impression Products, Inc. v. Lexmark International, Inc.
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 ...
Press Releases
Merchant & Gould Promotes Attorney Kathleen Ott to Partner
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, ...
White Papers
TC Heartland LLC v. Kraft Foods Group Brands LLC
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 Lutz Speaking on International Trademark Law and Practice at INTA Annual Meeting
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 ...
White Papers
Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc.
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 ...
Threatened Misappropriation of Trade Secrets
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 Launches Colorado Chapter
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 ...
Cybersecurity CLE in Minneapolis
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: ...
Lutz and Jozefczyk Presenting at ACC Colorado In-House Counsel Forum
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," ...
Press Releases
Mansi Shah Elected as Fellow to American Bar Foundation
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 ...
White Papers
Star Athletica, L.L.C. v. Varsity Brands, Inc.
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 ...
White Papers
SCA Hygiene Products v. First Quality Baby Products
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 ...
Press Releases
Mansi Shah and Linhda Nguyen Named to Leadership Council on Legal Diversity, Respectively as Fellow and Pathfinder
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 ...
Press Releases
Merchant & Gould Hires Five Attorneys in Denver
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 Picture
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 ...
Press Releases
Merchant & Gould Files Amicus Brief on Behalf of Plantronics in Key Patent Exhaustion Case Pending before U.S. Supreme Court
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. ...
White Papers
Life Technologies v. Promega
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 ...
INTA Trademark Administrator’s Roundtable
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 ...
Navigating Post-Grant Proceedings
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 ...
Guide Books
Trademark Clearance and Usage Guide
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 ...
The concrete road to solid patents
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 ...
Press Releases
Heather Kliebenstein Named "40 Under 40" Honoree by Minneapolis/St. Paul Business Journal
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 ...
Press Releases
Merchant & Gould Team Takes First Place in 2016 Twin Cities 5K Corporate Team Challenge
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 ...
News Alerts
TTAB Rules of Practice Are Changing Significantly
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.  ...
Moving Forward: Managing Partner Roundtable 2016
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 ...
Press Releases
Merchant & Gould Secures Victory for Client Aurobindo Pharma Ltd. in Hatch-Waxman Litigation
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 ...
White Papers
Samsung Electronics Co. v. Apple Inc.: Redefining Design Patents’ “Article of Manufacture” Standard
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 ...
Lunch & Learn: Understanding the Scope and Impact of the TTAB Rule Changes
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
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 ...
Innovation, Invention and the Patent Law Parallel
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 ...
Press Releases
Merchant & Gould COO/CFO Tracey Skjeveland Receives 2016 Top Women in Finance Award
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 Presents at IP Strategy Summit: Silicon Valley
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 ...
News Alerts
Silicon Valley Update
Press Releases
Merchant & Gould Hires Three Associates in Minneapolis
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 ...