50 Years of InnovationFor the past five decades, Lerner David has thrived as an intellectual property boutique dealing with all aspects of IP. IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of the Fourth Industrial Revolution (4IR), protecting groundbreaking technologies from AI to 3D printing; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As the world enters 4IR and we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life today. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an intellectual property boutique dealing with all aspects of IP. IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of the Fourth Industrial Revolution (4IR), protecting groundbreaking technologies from AI to 3D printing; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As the world enters 4IR and we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life today. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
50 Years of InnovationFor the past five decades, Lerner David has thrived as an IP boutique where IP is not just our specialty; it is our passion and purpose. We assist a diverse client base at the forefront of medical devices to AI; renewable energy to autonomous vehicles; FinTech to telecommunications; pharmaceuticals to life-saving medical therapies. We safeguard some of the world’s leading brands. And we fight for our clients’ rights before the courts and administrative tribunals of the world. As we embark on our next 50 years, Lerner David stands at the ready to help innovators protect and bring tomorrow’s emerging technologies to life. TimelinePractices
Helping Clients Succeed New Jersey State Appeals Court Affirms Rutgers’ Victory in Open Public Records Act Lawsuit A New Jersey state appeals court affirmed the dismissal of a state Open Public Records Act (“OPRA”) lawsuit against Rutgers. In this case, the plaintiff sought copies of Rutgers’ footage of a football game (referred to as “All-22” footage) against Pennsylvania State University. Rutgers denied plaintiff’s request for the videos on the basis that it was not permitted to share the videos with the public. Rutgers is a party to an agreement among other members of the NCAA Football Big Ten Conference to exchange their All-22 video footage, which also prohibits public dissemination of the videos. The... Lerner David Obtains Favorable Settlement for Tama Group at International Trade Commission Lerner David helped Tama successfully protect its patented product from copycat products. In partnership with John Deere, Tama Group accepted the challenge to help American farmers improve mechanical cotton harvesting. The result was TamaWrap™, a patented line of cotton bale wraps. When a Chinese competitor created a copy and tried to sell it in the US, Tama hired Lerner David. An ITC action was filed to prevent importation and sale of these copycat products. After an 18-month investigation, Tama received a favorable decision in an Initial Determination as to patent infringement, which led t... Second Circuit Affirms Pepsi’s Victory in Super Bowl Commercial Case The Second Circuit issued a ruling affirming a decision of the Southern District of New York that granted Pepsi summary judgment in a case relating to its popular 2016 Super Bowl commercial. That commercial was entitled the “Joy of Dance” and featured Janelle Monae. The Court found that the district court correctly determined that Pepsi’s commercial did not copy any protectable elements from plaintiff. The Court also recognized that Pepsi’s 2001 “Now and Then” commercial with Britney Spears had previously featured the idea of a “performer moving through various time periods or musical style... Lerner David Obtains Dismissal with Prejudice of Trade Dress Infringement Suit A Michigan-based seller of perineal ice packs filed suit in the U.S. District Court for the District of New Jersey against Lerner David’s Australia-based client and its principal, asserting infringement of unregistered trade dress. Lerner David responded with a multi-pronged motion to dismiss, asserting that the plaintiff had not alleged and could not allege ownership of protectible trade dress; that the plaintiff had named the wrong defendant; and that the defendant was not subject to personal jurisdiction in New Jersey. Following an attempt to cure the defects in the case by amending its com... More Successes
Deciphered® Deciphered® is our IP Newsletter to keep you up-to-date on prominent IP issues. Subscribe Federal Circuit Holds that Inventors for Artificial Intelligence-Based Technologies Must be Human Beings August 2022 In Thaler v. Vidal, No. 2021-2347 (Fed. Cir. 2022), the Federal Circuit affirmed a district court’s holding that the inventor of a patent must be a natural person. Stephen Thaler originally filed two patent applications directed to software technology and named an artificial intelligence system (“AI System”) he developed as the inventor. To address the requirement that an inventor submit an oath or declaration, Mr. Thaler submitted a statement on behalf of the AI System. After being issued a notice that his application was incomplete for failing to name an inventor, Mr. Thaler unsuccessfull... Federal Circuit Holds that General Industry Skepticism Cannot on its own Negate a Finding of Motivation to Combine June 2022 In Auris Health, Inc., v. Intuitive Surgical Operations, Inc., No. 2021-1732 (Fed. Cir. 2022), the Federal Circuit vacated and remanded a decision of the Patent Trial and Appeal Board that found there was no motivation to combine two references asserted to invalidate the claims of a challenged patent. The Court reasoned that the Board “impermissibly rested its motivation to combine finding on evidence of general skepticism about the field of the invention.” The Court went on to explain that, “generic industry skepticism cannot, standing alone, preclude a finding of motivation to combine.” Ho... Federal Circuit Supports “readily identifiable and persuasive” Evidence Standard for Permitting the PTAB to sua sponte Reject Substitute Claims May 2022 In Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, Case Nos. 2020-2163, 2020-2191 (Fed. Cir. Mar. 24, 2022), the Federal Circuit affirmed a decision of the Precedential Opinion Panel of the USPTO that vacated the denial of a motion to add substitute claims to a patent challenged by Hunting Titan in an IPR. At issue was whether the Patent Trial and Appeal Board acted within the bounds of its authority when it sua sponte found the substitute claims anticipated when such grounds were not raised by Hunting Titan. Although the decision of the Precedential Opinion Panel was affirmed, the Federa... SCOTUS Holds Copyright Act’s Safe Harbor Provision Protects Good-Faith Mistakes March 2022 Recently, the Supreme Court found that a copyright registration was valid even though the application for registration included a mistake that was determined to be of a legal nature. In Unicolors Inc. v. H&M Hennes & Mauritz, L.P., 142 S. Ct. 941 (Feb. 24, 2022), the Court found that although Unicolors had been unaware that its inclusion of 31 fabric designs in one copyright application did not satisfy the “single unit of publication” requirement because not all of the designs were directed to the same groups of customers, the filing of the application by Unicolors was not an act performed “wi... More DecIPhered