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 Lerner David Obtains Dismissal with Prejudice of Copyright Lawsuit Against Sony’s Digital Binoculars Claiming infringement of a copyright registration on digital binoculars, Gatewood filed a complaint in February 2019 in the U.S. District Court for Western District of North Carolina against Sony Corporation of America (“Sony”). Lerner David, on behalf of Sony, filed a motion to dismiss the second amended complaint for failing to plausibly plead copyright infringement. The district court granted Sony’s motion and dismissed the lawsuit with prejudice in July 2020 identifying multiple grounds as to why the second amended complaint failed to state a plausible claim for copyright infringement. G... LifeScan Global Corporation Prevails in PGR The Patent Trial and Appeal Board (“PTAB”) issued a Final Written Decision in favor of our client, LifeScan Global Corporation, denying Patent Owner’s Motion to Amend and invalidating US. Patent No. 9,976,125. The ‘125 Patent is directed towards a biosensor for blood sugar monitoring, common in diabetes management, that uses flavin adenine dinucleotide conjugated glucose dehydrogenase (FAD-GDH) to determine the presence of glucose by a pH change. After the Petition requesting post grant review of claims 1-10 was filed and before institution, the Patent Owner disclaimed claims 1-7, 9 and 10. ... Lerner David Achieves Favorable IPR Settlement Granting Amneal Pharmaceuticals Early Market Entry for Vivitrol® With only a few hours until a scheduled hearing before the Patent Trial and Appeal Board, Lerner David client Amneal Pharmaceuticals LLC reached a settlement with Alkermes whereby both parties agreed to seek termination. Alkermes granted Amneal a license allowing it to market a generic version of VIVITROL® (naltrexone for extended release injectable suspension) in the U.S. beginning in 2028 or earlier under some circumstances in exchange for Amneal agreeing to drop its challenge to U.S. Patent No. 7,919,499 (“the ’499 Patent”), an Orange Book-listed patent for VIVITROL®. The ’499 Patent does... Phytoceuticals, Inc. Prevails In Cancellation Proceeding Before The European Union Intellectual Property Office On June 6, 2019, the European Union Intellectual Property Office issued a written decision determining that our client, Phytoceuticals, Inc.’s European Trademark Registration for the mark CELL SKIN LAB CLINICAL SKIN CARE was not invalid based upon prior use of the mark in Europe or the prior ownership of the mark as a result of an agreement between our client and the party seeking to cancel the registration. Likewise, the party seeking cancellation also failed on the grounds of bad faith. Based upon instructions and arguments prepared by our office and on actual evidence provided to our Euro... More Successes
Deciphered® Deciphered® is our IP Newsletter to keep you up-to-date on prominent IP issues. Subscribe Federal Circuit Holds Venue For Hatch-Waxman Cases Is Proper Only Where Acts Sufficiently Related To The ANDA Submission Occur November 2020 In Valeant Pharmaceuticals v. Mylan Pharmaceuticals, No. 2019-2402 Nov. 5, 2020, the Federal Circuit answered a question of first impression relating to where “acts of infringement” occur for venue purposes in ANDA cases, a point not addressed by SCOTUS’s TC Heartland decision. The underlying facts were that Mylan sent an ANDA submission from its offices in West Virginia to the FDA’s office in Maryland but was sued by Valeant in the District Of New Jersey. The decision hinged on whether venue should be interpreted to include places where future acts of infringement may occur. The Court held: “... SCOTUS Rejects PTO's Sweeping Rule Denying Registrations for "generic.com" Domain Name Marks July 2020 In United States Patent and Trademark Office v. Booking.com B.V., No. 19-46 (June 30, 2020), SCOTUS rejected the PTO's attempt to create a "sweeping rule" of nonregisterability of marks styled "generic.com." Booking.com had sought to register "Booking.com" marks in connection with travel-related services. The PTO concluded that the term "booking" was generic for travel-related services and thus "Booking.com" was also unregistrable. Both the district court and Fourth Circuit Court of Appeals disagreed, finding that the combination of a generic term, such as "booking, "with ".com" was not nec... Willfulness Is Not Required for an Award of Profits for Trademark Infringement April 2020 The U.S. Supreme Court held that a plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to an award of the infringer’s profits. Romag Fasteners, Inc. v. Fossil, Inc. et al., No. 18-1233 (April 23, 2020). Romag appealed to restore a $6.7 million jury award of Fossil’s profits after Fossil was found to have infringed Romag’s trademark-protected magnetic fasters. A district court judge vacated the award, citing Second Circuit precedent that a finding of willfulness was required to award profits. ... SCOTUS Disallows Appeal of Timeliness of IPR Petitions April 2020 In Thryv, Inc. v. Click-to-Call Technologies, LP, No. 18-916 (April 20, 2020), the Supreme Court held that the U.S. Patent Trial and Appeal Board's decision finding an inter partes review petition to be timely filed was nonappealable. Under the patent laws, the "determination . . . whether to institute an inter partes review . . . shall be final and nonappealable." 35 U.S.C. § 314(d). In addition, under 35 U.S.C. § 315(b), "[a]n inter partes review may not be instituted if . . . filed more than 1 year after the date on which the petitioner . . . is served with a complaint alleging infringe... More DecIPhered