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Home | Merchant & Gould P.C.

Merchant &amp; Gould’s Appellate Group provides clients with specialized experience in appellate advocacy. &nbsp;The attorneys in Merchant &amp; Gould’s Appellate Group have extensive experience with appellate advocacy in a broad spectrum of legal areas and technologies. &nbsp;Our attorneys have successfully handled numerous patent appeals at the Federal Circuit and appeals on a wide range of other intellectual property cases, including copyright, trademark, right of publicity, and trade secrets in circuit courts across the country. &nbsp;Merchant &amp; Gould’s Appellate Group includes attorneys who have extensive experience both in private practice as well as attorneys who formerly served as judicial law clerks to federal circuit court judges. &nbsp;

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The attorneys in Merchant &amp; Gould’s Appellate Group consult at all stages of trial and post-trial proceedings. &nbsp;At the trial stage, our attorneys look ahead to spot, preserve, and ensure an appropriate record is developed for potential post-trial appeal issues. &nbsp;After trial, we assist with post-trial motions to assure that issues are properly preserved and presented, all with a potential future appeal in mind. &nbsp;Attorneys from Merchant &amp; Gould’s Appellate Group are also often engaged to handle post-trial proceedings and appeals for cases in which the firm was not previously involved. &nbsp;In these cases, clients look to our attorneys for their specialized knowledge and insight into the appeal process—a process that is quite different in strategy, procedure, and execution from the trial court proceedings. &nbsp;In each of these instances, our attorneys use their extensive knowledge of intellectual property law and appellate practice to identify and frame the relevant legal and factual issues and engage in all aspects of appellate advocacy and amicus representation.

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The attorneys in Merchant &amp; Gould’s Appellate Group carefully monitor developments in intellectual property law and stay current on relevant appellate issues in a variety of ways. &nbsp;Our attorneys regularly write articles and lecture on important appellate topics. &nbsp;Members of our Appellate Group also regularly provide internal presentations on significant and recent Federal Circuit court decisions to other attorneys in the firm. &nbsp;And the Firm’s Whitepaper project focuses on providing the firm’s attorneys and clients with current information on important and emerging legal issues.

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Atlanta

Partner

Jeffrey D. Blake

Minneapolis

Eric R. Chad

Associate

Joseph W. Dubis, Ph.D.

Michael A. Erbele

New York

Denver

Peter A. Gergely

Gregory C. Golla

Andrew O. Larsen

Danielle I. Mattessich

Of Counsel

Daniel W. McDonald

Knoxville

Ian  G. McFarland

Elisabeth “Bette”  S. Muirhead

Taylor R. Stemler

Partner & Chief Diversity Officer

John T. Winemiller, Ph.D.

Rachel Zimmerman Scobie

Elizabeth Harwood

CAFC Affirms Dismissal of ANDA Case for Improper Venue

CAFC Vacates and Remands International Trade Commission Infringement Holding

District Court’s Indefiniteness Determination Based on “Unanswered Questions” Reversed by CAFC

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

Retroactive Agreements Sufficient to Create Standing Under Copyright Act

CAFC Affirms Denial of Attorneys’ Fees and Costs Under 35 U.S.C. § 285

CAFC Vacates TTAB Decision Regarding Likelihood of Confusion Analysis

CAFC Affirms PTAB Decision of Unpatentability

CAFC Finds Error in Board’s Refusal to Consider Reply Arguments & Evidence Under New Post-Institution Claim Construction

D.C. Court of Appeals Upholds Copyright Royalty Board’s Fees and Rates Amid Challenges by Webcasters

CAFC Holds Separate Disclosure of Drug Variants Not Required Under Section 112

Ninth Circuit Affirms Dismissal of Photographers’ Copyright Claims Under the Server Test

TTAB Holds Laches Defense Successful in View of Prior Registration

U.S. Supreme Court Provides Guidance on Extraterritorial Effect of U.S. Trademark Laws

Supreme Court Rejects Parody Free Speech Defense for Jack Daniel’s-Like Dog Toy

CAFC Affirms PTAB’s Finding of Sufficient Corroboration

CAFC Reverses PTAB Finding on Analogous Prior Art

CAFC Reverses District Court Inventorship Decision Due to Relative Insignificance of Alleged Inventor’s Contribution

CAFC Vacates PTAB’s Nonobviousness Finding for Video Streaming Technology

CAFC Rules Reissue Claims Invalid for Violating Original Patent Requirement

CAFC Affirms Patent Ineligibility Ruling

CAFC Rejects Apple’s Attempt to Use Tacking to Establish Priority

CAFC Affirms PTAB’s Nonobviousness Finding for Universal Remote Controls

CAFC Vacates Preliminary Injunction Prohibiting Patent-Related Speech

CAFC Affirms Invalidity Under Pre-AIA 35 U.S.C. § 102(b)

New York Jury Finds “MetaBirkin” NFTs Are Likely To Cause Consumer Confusion

CAFC Grants Mandamus; Directs Transfer of Patent Infringement Case

Eighth Circuit Vacates Preliminary Injunction in Tax Preparation Trademark Dispute

CAFC Affirms District Court’s Finding of Prosecution Laches

CAFC Reviews District Court Claim Constructions for Viscometer Patent

Federal Circuit Upholds PTAB Judgment in Interference Proceeding

CAFC Dismisses Interlocutory Appeal of Protective Order for Lack of Jurisdiction

CAFC Reverses Summary Judgment of Invalidity for Nonjoinder Under Pre-AIA § 102(f)

CAFC Sends RFID Patent Infringement Case Back to District Court

CAFC Applies Collateral Estoppel to PTAB IPR Decision

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

CAFC Vacates Preliminary Injunction Issued without Proper Notice

CAFC Holds New Algorithm Not Required for “Inventive Concept”

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

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

CAFC Affirms PTAB’s Refusal to Terminate IPRs

CAFC Affirms Dismissal of Duplicative Complaint

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

CAFC Affirms Patentability Determination in IPR

CAFC Confirms Inventors Must be Human Beings Under the Patent Act

CAFC Affirms Fee Award Under the Court’s Inherent Authority

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

CAFC Holds USPTO Commissioner May Decide Rehearing Request

Ninth Circuit Affirms Federal Trademark Rights in THC Trademark

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

Second Circuit Affirms Dismissal of Declaratory Judgment Action on Copyright Ownership

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

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

CAFC Affirms Board’s Obviousness Finding for Acne Treatment

CAFC Vacates Transfer Ruling Against Automobile Distributors

CAFC Confirms Judgment of Patent Invalidity Does Not Excuse Violations of ITC Consent Order

SCOTUS Confirms Mistakes of Law in Copyright Registrations Can Be Saved by Safe Harbor

CAFC Vacates Damages Award based on Expert’s Failure to Properly Apportion “Comparable” Licenses

CAFC Finds Forum Selection Clause Precludes Filing of IPR Petitions

CAFC Reverses Summary Judgment of Noninfringement

CAFC Affirms District Court’s Judgment of No Invalidity on Written Description Grounds

CAFC Holds Intel Has Standing to Appeal PTAB Decision

CAFC Affirms PTAB’s Claim Construction and Obviousness Rulings

CAFC Affirms Grant of Summary Judgment of No Induced Infringement

Federal Circuit Rejects District Court’s Construction of 0.001%

CAFC Affirms Biogen Patent is Invalid for Lack of Written Description

Federal Circuit Holds Patent Claims Are Not Entitled to Benefit of Priority Application in Affirming PTAB Decision That Patent Claims are Anticipated

Federal Circuit Affirms Ruling Compelling Arbitration

CAFC Vacates and Remands TTAB’s Application of § 2(f) of Lanham Act

CAFC Holds No Standing Present Without Competitive Injury

CAFC Grants Mandamus Directing Transfer From Texas to Colorado

CAFC Affirms Summary Judgment of Non-Infringement and Indefiniteness

CAFC Affirms Denial of Preliminary Injunction

CAFC Reinstates Willfulness and Enhanced Damages

CAFC Directs Transfer of Patent Infringement Cases Under 28 U.S.C. § 1404(a)

Embedded Instagram Photos on Third-Party Websites Not Copyright Infringement Based on Server Test

CAFC Affirms Judgment of Infringement and Orders New Trial on Damages

Ninth Circuit Clarifies Role of De Minimus Copying in Copyright Infringement Actions

Federal Circuit Affirms Belcher’s Chief Science Officer Engaged In Inequitable Conduct

Prosecution History Precludes Data Engine from Broadly Enforcing “Three-Dimensional Spreadsheet” Patents

CAFC Affirms Denial of Expert Witness Fees to the Patent Office in § 145 Action

CAFC Affirms Summary Judgment of Invalidity Under 35 U.S.C. § 101

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