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Home | Merchant & Gould P.C.

For over a century, Merchant &amp; Gould has earned a reputation as having a premier team of exceptional trial lawyers. Our preeminent litigation team has been representing companies, in the U.S. and globally, leading the way into a world that thrives on technology and innovation.

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Our trial lawyers prosecute and defend trademarks, patents and copyrights on behalf of clients in a broad range of industries. As lead counsel, we have litigated patents and trademarks from virtually every industry including software, biotechnology, semiconductor, nanotechnology, and computer technology. We also have a vast depth of experience as lead counsel with issues specific to Hatch-Waxman Act litigation in the pharmaceutical industry.

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Merchant &amp; Gould has over 50 litigators and litigation support team members&nbsp;and 115 years of experience solely in intellectual property.&nbsp; Our focus on IP means everyone on our trial teams, from our paralegals and support staff to senior trial counsel, has extensive IP trial and litigation experience.&nbsp; These structural efficiencies, coupled with our Midwestern values and cost structure, means we are able to provide top IP litigation representation at a price very competitive with our peers, in any legal venue. This includes venues at the state court, federal district court, the Court of Appeals for the Federal Circuit and the International Trade Commission (ITC).

Denver

Los Angeles

Partner

James W. Beard

New York

Jonathan Berschadsky

Atlanta

Jeffrey D. Blake

Washington, D.C. Area

Of Counsel

B. Jefferson Boggs

Minneapolis

Associate

Bridget Carmichael

Eric R. Chad

Joseph W. Dubis, Ph.D.

Michael A. Erbele

Ryan J. Fletcher, Ph.D.

Kristen M. Souther

Peter A. Gergely

Joshua  A. Hartman

Ariel O. Howe

Thomas R. Johnson

Scott  W. Johnston

Lindsay Jones

Gabrielle  L. Kiefer

Heather J. Kliebenstein

Andrew O. Larsen

Thomas  J. Leach

River E. Lord

Daniel W. McDonald

Knoxville

Ian  G. McFarland

Litigation Paralegal

Jeremy L. Miller

Elisabeth “Bette”  S. Muirhead

John P. Olson

William D. Schultz

Peter S. Selness

Rhett A. Sexton

Scott P. Shaw

Christopher  J. Sorenson

Taylor R. Stemler

Paige  S. Stradley

Sophia I. Vogeler

Partner & Chief Diversity Officer

John T. Winemiller, Ph.D.

Tong Wu

Zachary W. Zadow

Anthony  R. Zeuli

Leighton Zhao

Rachel Zimmerman Scobie

W. Reid Morris

Elizabeth Harwood

John “Jack” A. Clifford

Erin E. Herdeman

Attorney

Sarah ML Wilkening

Zachary M. Robole

Benjamin L. Dooley

Alana L. LeFebvre

Katherine F. Mares

<div>

The Federal Bar Association, Phoenix Chapter presents:
<a href="http://www.fedbar.org/Chapters/Phoenix-Chapter/Calendar/Phoenix-Chapter-Intellectual-Property-Update.aspx" target="_blank" rel="noopener">INTELLECTUAL PROPERTY UPDATE: 
A fast-paced overview of current trends in IP litigation</a>
Faculty: John A. Clifford, Shareholder, Merchant &amp; Gould P.C.
“Frequent flyers” are not just for airlines anymore!  Find out who is suing whom over patents, trademarks, and copyrights, and what it means when your client gets an unexpected letter or summons.  This presentation will cover:
<ul>
<li>Patents: Trolls, hobbits, and actual cases and controversies</li>
<li>Trademarks: Brands, knockoffs, confusion, and the recent SCOTUS decision in B&amp;B v. Hargis</li>
<li>Copyrights: Web search infringement, “There’s an app for that,” “right click” infringement, free downloads, fabrics, Dallas Buyers Club, and The Turtles</li>
</ul>
Jack Clifford has practiced Intellectual Property law since 1981.  He has handled over 5,000 trademarks with the U.S. Patent and Trademark Office, has appeared in over 700 Trademark Oppositions and Cancellations, and established the web site: <a href="http://www.theantitroll.com">www.theantitroll.com</a> to bring useful information to potential victims of patent trolls.  He represents various celebrities and luxury goods makers such as Louis Roederer’s CRISTAL champagne, LORO PIANA fashion goods, ALFA ROMEO automobiles, and LUSH cosmetics.
Thursday, May 21, 2015 at 12:00 – 1:15PM 
Sandra Day O’Connor U.S. District Courthouse | Jury Assembly Room
Cost in advance: $15.00 (FBA Members) | $25.00 (Non-members) | $10.00 (Law Students) 
Free for current federal judicial law clerks and externs 
Cost at the door: $20.00 (FBA Members) | $30.00 (All others) 
Buffet Lunch provided by Citron
RSVP by Monday, May 18, 2015, to Janice Rogalla at <a href="mailto:jrogalla@swlaw.com">jrogalla@swlaw.com</a>
Payment options:
<ol>
<li>Pay ONLINE at <a href="http://www.fedbar.org/Chapters/Phoenix-calendar">http://www.fedbar.org/Chapters/Phoenix-calendar </a></li>
<li><a href="http://www.fedbar.org/Chapters/Phoenix-calendar">Send checks in advance payable to “FBA – Phoenix Chapter” (print name of each attendee on check) to Don Gaffney, Snell &amp; Wilmer L.L.P., One Arizona Center, 400 East Van Buren, Phoenix, AZ 85004-2202</a></li>
</ol>
May qualify for up to 1.0 hour CLE credit
</div>

Intellectual Property CLE in Phoenix

Merchant &amp; Gould, a national intellectual property (IP) law firm, is pleased to announce that the following&nbsp;attorneys&nbsp;have been included in&nbsp;The Best Lawyers in America® 2013.&nbsp;



Best Lawyers&nbsp;compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate their colleagues.&nbsp; Since lawyers are not permitted to purchase their rankings or pay a fee to participate, a&nbsp;Best Lawyers&nbsp;listing is considered an unbiased honor.



DENVER, CO



<ul>
<li>Peter A. Gergely &#8211; Litigation (Intellectual Property), Litigation (Patent)</li>
</ul>



MINNEAPOLIS, MN



<ul>
<li>John A. Clifford &#8211; Litigation (Intellectual Property), Patent Law, Trademark Law</li>



<li>Charles E. Golla &#8211; Copyright Law</li>



<li>Allen W. Hinderaker &#8211; Litigation (Intellectual Property), Litigation (Patent)</li>



<li>Scott W. Johnston &#8211; Litigation (Intellectual Property), Trademark Law</li>



<li>Daniel W. McDonald &#8211; Litigation (Intellectual Property), Litigation (Patent), Trademark Law</li>



<li>Christopher J. Schulte &#8211; Litigation (Intellectual Property), Litigation (Patent)</li>



<li>Anthony R. Zeuli &#8211; Copyright Law, Litigation (Intellectual Property), Litigation (Patent), Patent Law, Trademark Law</li>



<li>Rachel Zimmerman Scobie &#8211; Litigation (Intellectual Property)</li>
</ul>



<a href="http://www.bestlawyers.com/" target="_blank" rel="noopener">www.bestlawyers.com</a>

Merchant & Gould Attorneys Included in The Best Lawyers in America © 2016

<div class="details_summary_text">
Merchant &amp; Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2017. Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate their colleagues. Since lawyers are not permitted to purchase their rankings or pay a fee to participate, a Best Lawyers listing is considered an unbiased honor.
DENVER, CO
<ul>
<li>Peter A. Gergely – Litigation &#8211; Intellectual Property, Litigation &#8211; Patent</li>
</ul>
MINNEAPOLIS, MN
<ul>
<li>John A. Clifford – Litigation &#8211; Intellectual Property, Patent Law, Trademark Law</li>
<li>Charles E. Golla – Copyright Law</li>
<li>Allen W. Hinderaker – Litigation &#8211; Intellectual Property, Litigation &#8211; Patent</li>
<li>Scott W. Johnston – Litigation &#8211; Intellectual Property, Trademark Law</li>
<li>Daniel W. McDonald – Litigation &#8211; Intellectual Property, Litigation &#8211; Patent, Trademark Law</li>
<li>Christopher J. Schulte – Litigation &#8211; Intellectual Property, Litigation &#8211; Patent</li>
<li>Rachel Zimmerman Scobie – Litigation &#8211; Intellectual Property</li>
<li>Anthony R. Zeuli – Copyright Law, Litigation &#8211; Intellectual Property, Litigation &#8211; Patent, Patent Law, Trademark Law</li>
</ul>
<a href="http://www.bestlawyers.com/" target="_blank" rel="noopener">www.bestlawyers.com</a>
</div>

Merchant & Gould Attorneys Named 2017 Best Lawyers®

Merchant &amp; Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2018.



Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate their colleagues. Since lawyers are not permitted to purchase their rankings or pay a fee to participate, a Best Lawyers listing is considered an unbiased honor.



DENVER, CO



<ul>
<li> Peter A. Gergely – Litigation &#8211; Intellectual Property, Litigation &#8211; Patent</li>
</ul>



MINNEAPOLIS, MN



<ul>
<li> John A. Clifford – Litigation &#8211; Intellectual Property, Patent Law, Trademark Law</li>



<li> Charles E. Golla – Copyright Law</li>



<li> Andrew S. Ehard – Litigation &#8211; Intellectual Property, Trademark Law*</li>



<li> Allen W. Hinderaker – Litigation &#8211; Intellectual Property, Litigation – Patent</li>



<li> Rachel C. Hughey – Litigation &#8211; Intellectual Property**</li>



<li> Scott W. Johnston – Litigation &#8211; Intellectual Property, Trademark Law</li>



<li> Daniel W. McDonald – Litigation &#8211; Intellectual Property, Litigation &#8211; Patent, Trademark Law</li>



<li> Christopher J. Schulte – Litigation &#8211; Intellectual Property, Litigation &#8211; Patent</li>



<li> Christopher J. Sorenson – Litigation – Patent</li>



<li> Rachel Zimmerman Scobie – Litigation &#8211; Intellectual Property</li>



<li> Anthony R. Zeuli – Copyright Law, Litigation &#8211; Intellectual Property, Litigation &#8211; Patent, Patent Law, Trademark Law</li>
</ul>



* Andrew Ehard recognized by Best Lawyers in Trademark Law for the first time this year



** Rachel Hughey recognized by Best Lawyers in Litigation &#8211; Intellectual Property for the first time this year. Also listed in Best Lawyers for the first time this year (2018).



<a href="https://www.bestlawyers.com/" target="_blank" rel="noopener">www.bestlawyers.com</a>

Merchant & Gould Attorneys Named Best Lawyers® 2018

James Beard joins as partner in Litigation Practice Group.



Merchant &amp; Gould is pleased to announce that James Beard joined the firm’s Denver office as a partner on Jan. 10.



As an IP trial lawyer, James brings more than 10 years of experience to the Litigation Practice Group, representing high-technology household names and Fortune 500 companies in computer hardware and software, electronics, consumer products, biotechnology and medical device industries.&nbsp; He works on all stages of litigation, from general advice and pre-litigation counseling through complex discovery, motion practice, trials, and appeals.&nbsp; Prior to joining Merchant &amp; Gould, James worked at Sherman &amp; Howard in Denver, as well as Kirkland &amp; Ellis in San Francisco.



“James is an excellent addition to our Litigation Practice Group, as we continue expand our capabilities in Denver and across the firm,” said Chris Leonard, Managing Partner and CEO of Merchant &amp; Gould.&nbsp; “He has experience in some of Colorado’s most innovative industries, spanning a range of technologies. We are excited to have him join us.”

Merchant & Gould Hires Attorney, as Denver Office Grows

Merchant &amp; Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America: Ones to Watch 2021 Edition. 



These awards are recognitions given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States. Our &#8220;Ones to Watch&#8221; recipients typically have been in practice for 5-9 years.



Our methodology for determining these awards remains the same as it did when Best Lawyers was founded almost 40 years ago: peer-review. Lawyers are the best resource to provide feedback on the caliber of work performed by their peers.



MINNEAPOLIS, MN Joseph W. Dubis Ph.D.&nbsp;– Intellectual Property Law



Paige S. Stradley&nbsp;– Litigation &#8211; Intellectual Property



Michael A. Erbele&nbsp;&nbsp;– Technology Law

Merchant & Gould Attorneys Named by Best Lawyers as the Best Lawyers in America: Ones to Watch 2021 Edition

Merchant &amp; Gould was ranked in five National Tier and six Metropolitan categories in the 2022 edition of U.S. News – Best Lawyers® “Best Law Firms,” recognized for professional excellence with consistently impressive ratings from clients and peers.



Achieving a high ranking is a special distinction that marks a unique combination of excellence and breadth of experience. Ranked firms, presented in three tiers, are recognized on a national and regional-based scale. Firms that received a tier designation reflect the highest level of respect a firm can earn among other leading lawyers and clients from the same communities and practice areas. Merchant &amp; Gould ranked in the following National and Metropolitan categories:



<h2 class="wp-block-heading">National Tier 1</h2>



Patent Law



<h2 class="wp-block-heading">National Tier 2</h2>



Litigation &#8211; Intellectual Property Litigation &#8211; Patent



<h2 class="wp-block-heading">National Tier 3</h2>



Copyright Law Trademark Law



<h2 class="wp-block-heading">Metropolitan Tier 1 &#8212; Minneapolis</h2>



Copyright Law Litigation &#8211; Intellectual Property Litigation &#8211; Patent Patent Law Trademark Law



<h2 class="wp-block-heading">Metropolitan Tier 3 – Atlanta</h2>



Patent Law



To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America®, which recognizes 6 percent of lawyers practicing in the United States, and also receive consensus on some of the following factors: firm-wide work, the size and coverage of a firm in a specific area, historical analysis, research surrounding the firm’s overall scope and areas of expertise.



The 2022 rankings incorporate more than 8.2 million evaluations of more than 115,000 individual leading lawyers from more than 22,000 firms. More than 2,000 firms received a national law firm ranking this year.

Merchant & Gould Recognized on U.S. News – Best Lawyers® “Best Law Firms” List with Rankings in 11 National and Metropolitan Categories

Merchant &amp; Gould is pleased to announce that Minneapolis partner <a href="/people/rachel-zimmerman-scobie/">Rachel Zimmerman Scobie</a> has been named leader and chair of the firm’s Litigation Practice Group, effective Jan. 1, 2022. She replaces <a href="/people/heather-j-kliebenstein/">Heather Kliebenstein</a> who chaired the Litigation Practice for five years.



Rachel, who is now in her 20th year with the firm, will guide attorneys across Merchant &amp; Gould’s seven offices in the firm’s robust and diverse litigation work. With more than 50 litigators and litigation support team members, the firm’s preeminent litigation team has been representing U.S. and global clients in patent infringement, trademark infringement, and other complex intellectual property disputes for nearly a century.



“Rachel’s experience, deep thinking and insight will steer the Litigation Practice Group toward successful outcomes for our clients and help guide the firm’s next phase of growth. She represents our seasoned litigation team with confident strength and knowledge,” said Christopher J. Leonard, Managing Director and CEO of Merchant &amp; Gould. “Our primary goal is to help our clients reach their objectives and get back to business, and Rachel’s leadership and commitment will help us do just that.” 



Rachel is an experienced, first-chair trial lawyer who has handled all aspects of complex intellectual property disputes from investigation and preparation of the complaint through trial, post-trial, and appeal. She also has significant experience handling appellate-level disputes, a practice to which she brings valuable experience as a former clerk for U.S. Court of Appeals Judge James B. Loken. Rachel has been responsible for matters in various state and federal courts and agencies throughout the United States, and in arbitration.&nbsp;



Leading up to her role as chair of the Litigation Practice Group, Rachel has been involved with several other firm committees. &nbsp;Among other roles, she has served as a chair of the Recruiting and Retention Committee, the Appellate Group, and the Diversity, Equity and Inclusion (DEI) Task Force, and has served on the Technology Committee.



Congratulations, Rachel!

Rachel Zimmerman Scobie Named Chair of Merchant & Gould’s Litigation Practice Group

Merchant &amp; Gould is pleased to announce that <a href="/people/james-w-beard/">James W. Beard</a>, a Denver partner, and <a href="/people/joseph-w-dubis/">Joe Dubis</a>, a Minneapolis associate, have been named Litigation Paralegal Co-Supervisors, effective Jan. 1, 2022. They replace <a href="/people/william-d-schultz/">Will Schultz</a> who served as Supervisor for more than five years. 



James and Joe will manage the firm’s Litigation Paralegals across Merchant &amp; Gould’s seven offices and oversee their work on depositions, witness preparation, exhibits, court preparation and research, as well as reviewing docketing and case file management procedures. &nbsp;They will also coordinate communication with and development of the group, helping the team as it implements new technologies.&nbsp; With more than 50 litigators and litigation support team members, the firm’s Litigation Practice Group has extensive IP trial and litigation experience.&nbsp;&nbsp;



“In their co-supervisor roles, James and Joe combine their litigation knowledge with their attention to detail and management skills to supervise this very important paralegal team with the Litigation Practice Group. Together, they bring their leadership and insight to the team,” said Christopher J. Leonard, Managing Director and CEO of Merchant &amp; Gould.



While his practice involves all facets of intellectual property law, James focuses on patent, copyright, and trademark and trade dress litigation for clients from a diverse range of industries. He works in all stages of litigation, from general advice and counseling to complex discovery, trials and appeals.



Joe practices all areas of intellectual property litigation proceedings including patent, copyright, and trademark litigation; appellate work; and post grant proceedings. Joseph’s motivation to become a lawyer was partly to help bridge the gap between inventors, scientists, and developers and the intellectual property protection they deserve. Since beginning as a litigation associate, Joe has developed extensive skills in the field of copyright disgorgement remedies.



Congratulations, James and Joe!

James Beard and Joe Dubis Named Litigation Paralegal Co-Supervisors

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

CAFC Finds Forum Selection Clause Precludes Filing of IPR Petitions

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

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

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

Join us for a complimentary CLE where you&#8217;ll learn how to protect intellectual property when our lives “go virtual,” new strategies in design patent protection along with an update on recent intellectual property cases.



<h2 class="has-text-align-center wp-block-heading">Agenda</h2>



<figure class="wp-block-table"><table><tbody><tr><td>2:00-2:30 p.m.</td><td>Registration &amp; Welcome</td></tr><tr><td>&nbsp;</td><td>Introduction by <a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlWjB6dmY1OTRvL2JGV2lkZEQ2UzIvbVhFdlNUOEFQb1EySFZobkdqaWtDRUlsZHJ3dzRzVFRucFZCQTlkRXE5UVhQTVZVQjVLL1NNM1R1Y3B6dU5LUDA=&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">Loretta Freeman</a>.</td></tr><tr><td>2:30-3:00 p.m.</td><td>Brand Protection in a Decentralized Landscape</td></tr><tr><td>&nbsp;</td><td>Web 1.0 debuted a portal into information and purchasing products from anywhere in the world. Web 2.0 provided a gateway to personal information via social media. Web 3.0 is where our lives go virtual, including currency and property. As the web grows, new opportunities and challenges are presented to brands. We will walk through brand protection strategies that can be used in all phases of the Web. We will also discuss the impact of Web 3.0 on trade dress and design patent rights. Presented by <a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlWjB6dmY1OTRvL2JGV2lkZEQ2UzIvbVhFdlNUOEFQb1EySFZobkdqaWtDRUs2akNFS2NsZ2lmeWttSHcwVkVobnA0Qjc4SXFGMlRaanRuSDZvR0RoNXM=&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">Will Schultz</a>.</td></tr><tr><td>3:00-3:45 p.m.</td><td>Panel Discussion</td></tr><tr><td>&nbsp;</td><td><a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlWjB6dmY1OTRvL2JGV2lkZEQ2UzIvbVhFdlNUOEFQb1EySFZobkdqaWtDRUxFTXRGOU9YUFcwakszTHdDSytZc0xHTzB6aks0cG42UT09&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">Ryan Smith</a> will be moderating a panel discussion of the following:
&nbsp;
<ul>
<li>Considerations for counsel in drafting design patents.</li>
<li>Patent owner considerations to factor functional aspects of the design.</li>
<li>Guidance from recent court decisions for design patent prosecution and enforcement.</li>
<li>Global protection strategies.</li>
<li>ITC and online enforcement using designs.</li>
<li>Using other IP with design patents.</li>
</ul>
</td></tr><tr><td>3:45-4:05 p.m.</td><td>3-Minute Case Summaries</td></tr><tr><td>&nbsp;</td><td>A fast-paced and energetic update on recent case law developments important to intellectual property litigation.&nbsp;Presented by <a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlWjB6dmY1OTRvL2JGV2lkZEQ2UzIvbVhFdlNUOEFQb1EySFZobkdqaWtDRUJmNytOL09MajlaOURxdzlTMmtBM3ZPeU1mVUNYVm9zNk9BdFhwalZpTDM=&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">Heather Kliebenstein</a> and <a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlWjB6dmY1OTRvL2JGV2lkZEQ2UzIvbVhFdlNUOEFQb1EySFZobkdqaWtDRU9SQ2lyRHBpMzN4NktJeXNGejZxb3dGbEk4WHNqUUt2dz09&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">Scott Shaw</a>.</td></tr><tr><td>4:05-6:00 p.m.</td><td>Cocktail Reception</td></tr><tr><td>Ashley Halfman</td><td>Vice President and General Counsel at Printpack</td></tr><tr><td>Yoo-Sun Park</td><td>Trademark Counsel at The Coca-Cola Company</td></tr><tr><td>Aaron Reinhardt</td><td>Assistant General Counsel at Reliance Worldwide Corporation</td></tr></tbody></table></figure>



<h2 class="wp-block-heading">Panelists</h2>



<ul>
<li>Ashley Halfman &#8211; Vice President and General Counsel at Printpack</li>



<li>Yoo-Sun Park &#8211; Trademark Counsel at The Coca-Cola Company</li>



<li>Aaron Reinhardt &#8211; Assistant General Counsel at Reliance Worldwide Corporation</li>
</ul>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<h2 class="wp-block-heading">Thursday, March 31, 2022</h2>



The Commerce Club 49th Floor 191 Peachtree St NE Atlanta, GA 30303



<a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlYTlBOWdWU1F0TDVxYURkNWVVcGxKMXl3cERSUzhoSXZSc1QzeWcwbUNaZnVsODZHZTIya2pVbnNweVVEem1YTWZFR2hiSkt6MEZWVnh2amhpcG9oZTNVTUx0Ulp6K0o3cz0=&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">RSVP</a>

IP Protection in a Virtual World and Design Patent Strategies

CAFC Vacates Transfer Ruling Against Automobile Distributors

CAFC Affirms Board’s Obviousness Finding for Acne Treatment

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

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

CAFC Applies Claim Differentiation in Vacating District Court Claim Constructions

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

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

CAFC Issues Partial Reversal Due to Error in Indefiniteness Determination

Second Circuit Affirms Dismissal of Declaratory Judgment Action on Copyright Ownership

Responds to business and legal issues regarding third-party copying and infringement



Merchant &amp; Gould has formalized the launch of a business consulting group, the M&amp;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 approach merges Merchant &amp; Gould’s deep-rooted IP strategies with its proprietary, patent-pending InnovaShield Brand Protection Index for a new way of practicing this type of IP law, expanding the firm’s capabilities at a critical time when third-party infringement is increasing rapidly and companies are eager to mitigate risk.



The M&amp;G Integrator Program complements the firm’s Internet Cybersecurity &amp; E-Commerce (ICE) Practice; serves clients in every industry; and balances timely business strategies with a critical legal lens. As a global law firm that has focused on intellectual property and technology law for more than 120 years, Merchant &amp; Gould has deep experience that cuts across all technology fields. Merchant &amp; Gould is uniquely structured and experienced to pioneer this solution and risk-assessing index within the industry.



“We are in a global economy with infringement issues that have always been there; but that have recently been exposed by the pandemic’s accelerated reliance on online marketplaces and by the rapid growth of Web3, including blockchain technology, NFTs, and the metaverse platform.  More than ever, it’s time to deal with these issues, assess risk, and understand what can be done,” said <a href="/people/william-d-schultz/">William D. Schultz</a>, partner in Merchant &amp; Gould’s Minneapolis office and leader of the M&amp;G Integrator Program.



Using Merchant &amp; Gould’s patent-pending InnovaShield Brand Protection Index, the M&amp;G Integrator Program quantifies a company’s risk and creates a strategic roadmap to address that risk. Visual analyses and reports establish a customized plan that addresses and helps overcome specific risks in the most cost-effective, efficient and consumer-driven manner.&nbsp; The ultimate goal is to give clients the broadest coverage of protection for their brands and, most importantly, for their consumer customers.



“Risk impacts businesses in many ways: in the products and services you develop; business partners you choose; and the distribution channels you use. We become part of a client’s team, bridging the gap between research and development, marketing, management, distribution and legal counsel, to help identify and mitigate the impact of risk in every way,” added Schultz, who is also the co-inventor of Merchant &amp; Gould’s patent-pending InnovaShield Brand Protection Index, as well as personal Web3 patents that relate to smart contract-verification software in the NFT space and digital-story collaboration. “While no risk can be eliminated completely, it can be improved with a tailored and strategic approach from a team who deeply understands the complexity – and who knows how to &nbsp;shield innovation from third-party infringers aiming to steal a company’s investments.”



Merchant &amp; Gould’s specialized Minneapolis team will steer the M&amp;G Integrator Program, while working with attorneys across the firm’s seven offices and tapping into the firm’s unique mix of IP, online and business experience.&nbsp;



<h2 class="wp-block-heading">About InnovaShield Brand Protection Index</h2>



The InnovaShield Brand Protection Index is calculated, based on the following effective equation: 



InnovaShield Brand Protection Index = Area of Projection – Risk.



Coverage comes from four factor areas: 1) intellectual property protection; 2) enforcement; 3) policies and programs; and 4) strategic coordination.  Similarly, risk depends on what, where, why, and how a company is selling or offering its products or services. Merchant &amp; Gould’s proprietary algorithm drives the inquiry, analysis and diagnosis.



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<li>Question driven</li>
<li>Accessible user interface</li>
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<li>Patent-pending software</li>
<li>Deep industry experience</li>
</ul>
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<li>Customized report</li>
<li>Tangible recommendations</li>
<li>Trajectory hypotheticals</li>
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Merchant & Gould Launches Business Consulting Group, Advising Clients Across Industries on Risk Mitigation and Protection

CAFC Affirms Fee Award Under the Court’s Inherent Authority

CAFC Confirms Inventors Must be Human Beings Under the Patent Act

CAFC Affirms Patentability Determination in IPR

CAFC Holds that Patentee Is Estopped from Asserting Invalidity

CAFC Affirms Dismissal of Duplicative Complaint

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

CAFC Affirms PTAB’s Refusal to Terminate IPRs

Retroactive Agreements Sufficient to Create Standing Under Copyright Act

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

CAFC Holds New Algorithm Not Required for “Inventive Concept”

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

CAFC Vacates Summary Judgment of Invalidity Due to Improper Claim Construction

CAFC Affirms Board Decision Allowing Claim Amendments

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

CAFC Applies Collateral Estoppel to PTAB IPR Decision

CAFC Sends RFID Patent Infringement Case Back to District Court

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

CAFC Dismisses Interlocutory Appeal of Protective Order for Lack of Jurisdiction

Federal Circuit Upholds PTAB Judgment in Interference Proceeding

CAFC Reviews District Court Claim Constructions for Viscometer Patent

CAFC Affirms District Court’s Finding of Prosecution Laches

Eighth Circuit Vacates Preliminary Injunction in Tax Preparation Trademark Dispute

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

CAFC Grants Mandamus; Directs Transfer of Patent Infringement Case

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

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

CAFC Reverses PTAB Finding on Analogous Prior Art

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

CAFC Affirms PTAB’s Finding of Sufficient Corroboration

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

CAFC Affirms PTAB Decision of Unpatentability

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

TTAB Holds Laches Defense Successful in View of Prior Registration

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

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

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

CAFC Rejects PTAB Decision of Unpatentability Due to Flawed Secondary Considerations Analysis

Fifth Circuit Affirms PI in Stand Mixer Trade Dress Case

Third Circuit Affirms Trademark Cancelation Due to Functionality

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