New Jersey Trialblazers Spotlights Keith Gilman

  • Lerner David Welcomes Summer Associates!

    Meet the firm's 2024 Summer AssociatesView

  • Lerner David Welcomes Two Rutgers Students for 2024 Patent Law Externship Program

    Lerner David will be participating in the Rutgers Douglass Residential College Externship Program again this year.View

  • Natalie Richer and Melanie Chernoff Selected to NJWLA Board of Directors

    Lerner David attorneys Natalie Richer and Melanie Chernoff will be sitting on the Executive Board for the 2024-2025 NJWLA. View

  • Keith McWha Speaking at Global GRC, Data Privacy & Cyber Security ConfEx

    Lerner David partner Keith McWha will be speaking at Global GRC, Data Privacy & cyber Security ConfEx on May 21. View

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    USPTO Provides Updated Guidance on Obviousness Determinations

    The United States Patent and Trademark Office (USPTO) recently issued guidance (the “Guidance”) outlining what is required when making an obviousness determination under 35 U.S.C. § 103 in view of the Supreme Court’s decision in KSR Int’l Co. v. Teleflex Inc., 550 US 398 (2007) (KSR). View

  • Kevin Kocun Named 2024 NJBIZ Leader in Law

    Lerner David partner Kevin Kocun is named a member of the 2024 NJBiz Leaders in Law!View

  • Lerner David Sponsors New Jersey Women Lawyer's Association 16th Annual Gala

    Lerner David was a proud sponsor for the New Jersey Women Lawyer’s Association (NJWLA) 16th annual Gala held on March 19, 2024. View

  • Lerner David Attending Seton Hall Law Employer Preview Event

    Lerner David will be attending Seton Hall Law School’s “Employer Preview Event” on Wednesday, March 20, 2024 from 5:00 pm – 6:30 pm –the Atrium at Seton Hall School in Newark, NJ. View

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    USPTO Provides Guidance on Inventorship of AI-Assisted Inventions

    The United States Patent and Trademark Office (USPTO) recently issued guidance on how the USPTO will determine inventorship for artificial intelligence (AI)-assisted inventions (the “Guidance”).View

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    What Your Business Needs to Know about the New Jersey Data Privacy Act

    New Jersey took a giant leap in pursuit of protecting consumers with the passage of the New Jersey Data Privacy Act (NJDPA) set to become effective January 15, 2025. Here's what you need to know! View

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    2023 Year-in-Review: Privacy Law

    A description of notable cases and changes in Privacy Law in 2023. View

  • Lerner David Attorneys Speak at NJICLE "Juggling Parenting and Lawyering"

    Lerner David Attorneys Natalie Richer and Hoda Rifai-Bashjawish will be speaking on achieving a work-life balance while parenting and managing a thriving legal career. View

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    2023 Year-in-Review: Utility Patent Law

    A description of notable cases and changes in Utility Patent Law in 2023. View

  • Lerner David sponsors NEW YEAR, NEW SKILLS! with the New Jersey Women Lawyers Association

    On behalf of the New Jersey Women Lawyers Association, Lerner David is sponsoring NEW YEAR, NEW SKILLS! A refresher to in-person practice in the boardroom, courtroom and lunchroom. View

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    2023 Year-in-Review: Design Patent Law

    A description of notable cases and changes in Design Patent Law in 2023. View

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    Federal Circuit Holds that Prosecution Disclaimer Does Not Apply to an Abandoned Argument About Patent Scope

    In Malvern Panalytical Inc. v. TA Instruments-Waters LLC, the Federal Circuit held that the doctrine of prosecution disclaimer does not apply to an abandoned argument about the scope of a patent during prosecution of an unrelated but relevant patent, reversing the District Court’s holding.View

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    2023 Year-in-Review: U.S. Trademark Law

    A description of notable cases and changes in U.S. Trademark Law in 2023. View

  • Lerner David Included in Best Lawyers® 2024 Best Law Firms® Rankings

    Lerner David is excited to announce our inclusion in Best Lawyers® 2024 Best Law Firms® Rankings! View

  • Partner Keith J. McWha recognized by NJBIZ for Veterans in Business Award

    Lerner David is proud to announce that Keith J. McWha has been recognized by NJBIZ for the Veterans in Business Award.View

  • ROI in Establishing a Robust Freedom to Operate Program by Keith E. Gilman in Lawyer Monthly Magazine on August 31, 2023

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  • Lerner David Partners Recognized By Best Lawyers® 2024, Lerner David Attorney Recognized by Best Lawyers® 2024 “Ones to Watch”

    We are proud to announce that five Lerner David partners were recognized in the 2024 edition of The Best Lawyers in America®.View

  • Keith J. McWha Speaking at JPPCLE 39th Annual Joint Patent Practice Seminar

    Keith J. McWha is a featured panelist at JPPCLE 39th Annual Joint Patent Practice SeminarView

  • The New Jersey Law Journal Announces Winners for 2023 New Jersey Legal Awards

    Lerner David is proud to be announced as an honoree and the winner of the “Litigation Department of the Year, Specialty” for Intellectual Property Law.View

  • Lerner David Recognized by IAM Patent 1000: The World’s Leading Patent Professionals 2023

    Lerner David is pleased to announce that IAM Patent 1000: The World’s Leading Patent Professionals – the definitive 'go-to' resource for those seeking world-class, private practice patent expertise – has once again recognized the firm in its annual rankings. View

  • Hoda Rifai-Bashjawish Named as one of NJLJ’s 2023 Professional Excellence Honorees

    We congratulate Hoda Rifai-Bashjawish, litigation attorney, on being named 2023 New Leaders of the Bar by the New Jersey Law Journal.View

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    SCOTUS Clarifies Extraterritorial Reach Of Lanham Act

    In Abitron Austria GmbH v. Hetronic Int’l, Inc., the Supreme Court placed limits on the reach of federal trademark laws to claims where the infringing use in commerce is within the U.S. market, holding that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and that “‘use in commerce’ provides the dividing line between foreign and domestic applications of these provisions.”View

  • Welcome Summer Associates Olivia Huey and Heeyoung Lim!

    We are looking forward to a great summer! We have two awesome candidates. Olivia Huey is a 2L law student at Benjamin N. Cardozo School of Law with an undergraduate degree in Biomedical Engineering and Heeyoung Lim is a technical advisor with a Bachelor of Law from The Cyber University of Korea, an M.S. in Computer Science and a B.S. in Chemistry from Korea University. Our summer associate program runs from June 5, 2023-July 28, 2023. View

  • Patent Law Externship Program Welcomes Students from Rutgers and UPenn

    Lerner David participated in the Rutgers Douglas Residential College Externship Program again this year. We welcomed Rina Badge, who is majoring in biochemistry from Rutgers University. We also welcomed Aaron Tsui, who is majoring in computer engineering at University of Pennsylvania. View

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    Supreme Court Curbs Use Of Trademarks In Artistic Works

    In a unanimous decision, the U.S. Supreme Court in Jack Daniel’s Properties v. VIP Products, No. 22-148 (June 8, 2023), ruled that a lower court erred when it said a poop-themed chew toy that parodies the famed whiskey maker’s bottle was covered by the First Amendment’s free speech protections to avoid a claim of trademark infringement. View

  • Richer Named One of New Jersey’s Super Lawyers®

    We are proud to announce that Lerner David partner, Natalie Richer was selected for inclusion on the 2023 list of New Jersey Super Lawyers for Intellectual Property Law.View

  • Lerner David Achieves Mansfield Rule Certification for Midsize Firms

    We are proud to announce our Mansfield Certification for having demonstrated our firm’s longstanding commitment to meaningfully contribute to a diverse and inclusive legal profession. View

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    Supreme Court Nixes Andy Warhol’s Fair Use Argument for Photograph of Prince

    The Supreme Court in Andy Warhol Foundation for Visual Arts Inc. v. Goldsmith, No. 21-869 (May 18, 2023) addressed how fair use in Copyright Law applies to “appropriation art,” where a second artist takes most or even all of a first artist’s work and changes it to make a new work.View

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    Supreme Court Gives “Teeth” To Enablement Requirement In Striking Down Broad Functional Claims

    The U.S. Supreme Court in Amgen Inc. v. Sanofi, No. 21-757 (May 18, 2023) applied enablement principles from its prior precedents involving Morse’s telegraph and Edison’s lightbulb filament to strike down Amgen’s broad functional claims directed to antibodies for lowering LDL cholesterol. Although Amgen described in its specification the amino acid sequences for 26 particular antibodies, Amgen broadly claimed any antibody capable of binding to a specific location on a protein and blocking that protein from raising LDL cholesterol levels. View

  • Lerner David Sponsoring CLE & COCKTAILS NETWORKING EVENT for ACCNJ on June 6, 2023

    With the explosion of Artificial Intelligence as of late, this presentation will provide an overview of how AI is relevant in different areas of Intellectual Property. View

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    Minor Contribution To Claimed Invention Insufficient For Co-Inventorship

    In HIP, Inc. v. Hormel Foods Corp., Case No. 2022-1696 (Fed. Cir. May 2, 2023), the Federal Circuit made clear that merely contributing one element to a single independent claim of a patent is not enough to establish a person as a co-inventor, if the contributed element represents an “insignificant” feature. It was undisputed that food engineer David Howard had provided to patentee Hormel the idea of using an infrared oven for preheating bacon pieces in a two-step cooking method. View

  • Lerner David Featured on Today.com for its Celebration of Arab American Heritage Month

    Our own Keith Gilman and Hoda Rifai-Bashjawish were featured on Today.com for the firm’s celebration of Arab American Heritage Month. Check out the link to the story by Rima Abdelkader (NBCUniversal)View

  • Hwang Named as one of NJBIZ’s 2023 Leaders in Law Honorees

    We congratulate Kelly Y. Hwang, a partner and Executive Committee member, on being named one of NJBIZ’s 2023 Leaders in Law Honorees. “Following an open nomination period, honorees were chosen by a panel of independent judges with experience in the justice system. The selections were based on legal professionals – lawyers and general counsels – whose dedication to their occupation and to their communities is outstanding.”View

  • Richer Speaking on Disclosure Under Section 112 in Policy and Practice Event at NYU

    Natalie Richer will be speaking at New York University on April 19, 2023 at a half-day conference entitled: Disclosure Under Section 112 in Policy and Practice. Natalie will speak as part of a panel of experts about Section 112 in Technology. View

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    Federal Circuit Outlines Criteria for Ipsis Verbis Support and Blaze Marks

    In Regents of the University of Minnesota v. Gilead, the Federal Circuit determined that UMN’s claim of priority to a provisional application for their ’830 patent lacked sufficient written description. The court made this determination by analyzing whether there was ipsis verbis support and whether there were sufficient blaze marks in the original application to guide the skilled artisan to the ’830 application. First, the court determined that UMN’s piece-meal analysis of the priority application to show ipsis verbis support of the later claimed subgenus did not meet the ipsis verbis standard. View

  • Hoda Rifai-Bashjawish Speaking at NJBA Women's Leadership Conference

    Lerner David Attorney Hoda Rifai-Bashjawish will be speaking at the New Jersey Bar Association Women’s Leadership Conference on Monday, February 20, 2023. Hoda will be one of many women speakers sharing their tips at the 1:00 pm session “Raising the Glass Ceiling---Hot Tips from Ceiling Smashers.” Some of the other speakers include Punam Alam, Robin Bogan, Kimberly Deal, Natalya Johnson, Rachna Malkana, Diana Manning, Angela Scafuri, Shoshana Schiff, Amy Shimalla, Corinne Trainor and Albertina Webb.View

  • Lerner David Ranks Among Top 10 Patent Firms in TC 1700 and TC 3700

    We are proud to announce that Lerner David has, once again, ranked among the Top 10 patent law firms in two technology areas: chemical and materials engineering (TC 1700) and medical devices (TC 3700). For the overall ranking, Lerner David has maintained its Top 60 ranking. The rankings, compiled by Harrity Analytics Team, is published annually and ranks industry-leading patent law firms based on the total number of U.S. utility patents issued in the past year. View

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    CPRA: New Data Privacy Rules for Companies Doing Business in California Now in Effect

    In observance of Data Privacy Day 2023, we thought it was a good time to draw attention to the California Privacy Rights and Enforcement Act (CPRA) which is now in force. The CPRA modifies and expands the existing California Consumer Privacy Act (CCPA). In light of these developments, we provide a table below that summarizes the most impactful rights and obligations now in effect as a result of these acts and highlights the differences, as well as the commonalities, of the laws under these acts. View

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    2023 Data Privacy Day – 4 Measures Businesses Can Take Now to Prepare for the American Data Privacy and Protection Act (APPA)

    International Data Privacy Day is recognized on January 28 in the United States and in over 47 other countries. This day serves as an annual reminder for companies to re-evaluate their data privacy and cybersecurity practices to ensure compliance with current standards and to prepare for coming changes in privacy and data protection laws. Companies continue to face challenges in establishing and maintaining compliance to avoid exorbitant expense and penalties. View

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    Federal Circuit Finds Patent Venue Proper based on Remote Employees

    In In Re: Monolithic Power Systems, Inc., Case No. 2022-153 (Fed. Cir. 2022), the Federal Circuit denied a petition to grant a writ of mandamus directing the district court to dismiss or transfer a patent infringement suit brought against Monolithic in the Western District of Texas, finding that the district court’s decision that venue was proper should not be disturbed. The district court decision found that Monolithic had a regular and established place of business based on the location and activities of some of its remote employees. Specifically, the district court determined that Monolithic maintained a business presence in the Western District by soliciting employment in the region and by providing its remote employees with lab equipment or products for their homes as part of their employment. The Federal Circuit found that mandamus review was not warranted, as the district court’s reasoning was sufficient enough to establish venue, and thus did not grant the petition for writ of mandamus.View

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    Noncompete Clauses on the Chopping Block at the FTC

    Employers have used noncompete clauses in employment agreements for decades as a way to protect company innovations. Such clauses may now be banned entirely by the FTC if their notice of proposed rulemaking announced on Jan. 5, 2023 becomes final.. The FTC's rule proposal broadly defines who is “a worker” and what qualifies as “a noncompete clause” between an employer and worker. With limited exceptions, it would prohibit employers from entering into, attempting to enter into, or maintaining noncompete restrictions on their workers. While employers in jurisdictions such as California already live within this proposed paradigm, the FTC’s rule would impact employers nationally.View

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    2022 Year-in-Review: U.S. Patent Law

    Federal Circuit Expands IPR Estoppel - IPR Petitioners, Do Not Hold Anything Back In California Institute of Technology v. Broadcom, No. 20-2222 (Fed. Cir. Feb. 4, 2022)) (“CalTech”), the Federal Circuit expanded the scope of IPR estoppel and held that such estoppel applies not just to claims and arguments that the Patent Trial and Appeal Board PTAB (“PTAB”) addressed, but also to “all grounds not stated in the petition but which reasonable could have been asserted against the claims included in the petition.” Thus, the Federal Circuit overruled its own 2016 decision in Shaw Industries v. Automated Creel Systems, which held that estoppel applies only to the arguments that the PTAB addressed in the final written decision. In light of this recent ruling broadening IPR-based estoppel, a petitioner should put forth its strongest grounds in an IPR since it now cannot withhold any prior art references or arguments in reserve for litigation. View

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    2022 Year-in-Review: U.S. Design Patent Law

    Preliminary Price Quotes To A Potential Customer Trigger An Invalidating Offer For Sale Defendants Medical Components, Inc. and Martech Medical Products, Inc. appealed a lower court decision awarding $1.2 million in damages to plaintiff Junker for infringement of Junker’s design patent directed to a “Handle For an Introducer Sheath.” The defendants challenged the decision, asserting that a letter written by Junker in response to a potential customer's “request for quote” prior to the statutory critical date was a commercial offer for sale that invalidated the design patent. View

  • Ransomware: Data Held Hostage by James Vezeris published in New Jersey Law Journal on November 28, 2022

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    2022 Year-in-Review: U.S. Trademark Law

    Domain Name Registration Game, Vox Strikes out at Federal Circuit Vox, the domain registry operator for the .SUCKS generic top-level domain ('gTLD') for Internet websites, and home to websites such as “life.sucks” or “divorce.sucks,” ultimately lost its battle to register .SUCKS as a service mark. Vox attempted to register .SUCKS for '[d]omain name registration services featuring the gTLD in the mark' as well as 'registration of domain names for identification of users on a global computer network featuring the gTLD in the mark.' The trademark office rejected the application on the ground that, when used in connection with the identified services, it fails to function as a mark. The decision was affirmed by the Trademark Trial and Appeal Board (“TTAB” or “Board”), finding that consumers will view .SUCKS as only a non-source identifying part of a domain name, rather than a mark. View

  • Lerner David Ranked Top Tier Firm By Best Lawyers® 2023

    Lerner David is proud to announce that Best Lawyers® has again recognized the firm in its annual rankings of firms with a “unique combination of quality law practice and breadth of legal expertise.”View

  • Hwang, Chernoff and Caro-Esposito are Panelists in the Christiana Foglio DC’84 Douglass Career Conference for Women

    Kelly Hwang, Melanie Chernoff and Daniela Caro-Esposito will be a part of the panel titled, At the Firm and In the Courtroom: Legal Careers, at the annual Christiana Foglio’84 Douglass Career Conference for Women held at Douglass Residential College, a part of Rutgers University, on Saturday, October 1, 2022View

  • Lerner David Partners Recognized By Best Lawyers® 2023

    We are proud to announce that four Lerner David partners were recognized in the 2023 edition of The Best Lawyers in America®.View

  • In Memoriam: Dr. Raymond Damadian

    Lerner David LLP expresses its deepest sympathy to the family of Dr. Raymond Damadian, founder and former Chairman of FONAR Corporation, on his recent passing. Dr. Damadian’s contributions to MRI technology were pioneering and resulted in what is considered essential medical equipment today. We were honored to have worked with Dr. Damadian.View

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    Federal Circuit Holds that Inventors for Artificial Intelligence-Based Technologies Must be Human Beings

    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 unsuccessfully petitioned the USPTO for further review and then sought judicial review in District Court, where his request to reinstate his applications was also denied. On appeal, the Federal Circuit determined that the AI System that Thaler listed as the inventor on his patent applications cannot be an inventor as required by the Patent Act as the AI System is not an “individual,” as required by the Patent Act, the plain meaning of the term being a “natural person.” To account for the lack of a definition for “individual” in the Patent Act, the Federal Circuit looked to Supreme Court precedent along with dictionary sources to arrive at the conclusion that an individual is a “human being.” Ultimately, the Federal Circuit found there is no ambiguity in the Patent Act requirement that an inventor listed on a patent application be a human being. View

  • Reilly Named as one of NJLJ’s 2022 Professional Excellence Honorees

    We congratulate Gregory M. Reilly, partner, on being named a 2022 Unsung Hero by the New Jersey Law Journal. "Whether it’s drafting an important brief or contract, working with experts or other witnesses, arguing a case that went unreported, or being a strong business generator or firm leader, much of the excellent work done each day in New Jersey is a credit to those working long hours behind the scenes. These individual practitioners are indispensable to the efforts of the firm or organization."View

  • Lerner David Recognized by IAM Patent 1000: The World’s Leading Patent Professionals 2022

    Lerner David is pleased to announce that IAM Patent 1000: The World’s Leading Patent Professionals – the definitive 'go-to' resource for those seeking world-class, private practice patent expertise – has once again recognized the firm in its annual rankings. IAM Patent 1000 2022 ranks Lerner David as a top tier (Gold) law firm in New Jersey. It is the firm’s 9th consecutive year as New Jersey’s leading IP law firm. In addition, six of our attorneys are ranked among the top IP attorneys in New Jersey in three categories: Patent Litigation (Greg Gewirtz, Keith Gilman), Patent Prosecution (Orville Cockings, Kelly Hwang, Mike Teschner), and Patent Transactions (Keith Gilman, Bruce Sales).View

  • Niki Camateros-Mann Recipient of ChIPs Scholarship Award

    We are proud to announce Niki Camateros-Mann, one of our summer associates, is the recipient of the 2022 ChIPs Scholarship Award. Niki was awarded $10,000 for her academic excellence and commitment to advancing women in intellectual property. View

  • McWha Presenting “Outer Space” Topic at 2022 JPP Annual Seminar

    Keith McWha, a partner, has been selected as a presenter for the 38th Annual Joint Patent Practice (JPP) Seminar. He will discuss “Infringement in Outer Space” as part of the event’s “Hot Topics” panel. The seminar is Wednesday, June 15, 2022, at the APA Hotel Woodbridge in Iselin, NJ. View

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    Federal Circuit Holds that General Industry Skepticism Cannot on its own Negate a Finding of Motivation to Combine

    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.” However, the Court did explain that evidence of industry skepticism may be relevant to an obviousness analysis as a secondary consideration. In particular, the Court reasoned that where specific evidence of industry skepticism is presented that is related to a specific combination of references, such evidence may contribute to a lack of motivation to combine such references.View

  • Lerner David Ranked Top Tier Intellectual Property Law Firm

    Lerner David is pleased to announce that Chambers USA - America's Leading Lawyers for Business has again recognized the firm in its annual rankings of the foremost law firms and lawyers in the country. In the publication's 2017 edition, the firm is listed among the top tier law firms in New Jersey for Intelectual Property Law. Additionally, five of our partners are ranked among the top individual attorneys in the state.View

  • Richer Named as one of NJBIZ’s 2022 Leaders in Law Honorees

    We congratulate Natalie S. Richer, a partner and Executive Committee member, on being named one of NJBIZ’s 2022 Leaders in Law Honorees. "NJBIZ's Leaders in Law recognition program celebrates New Jersey's top legal professionals serving in a wide variety of compacities and going above and beyond to contribute to their company's success while doing so much with flexibility and grace under pressure." Winners were chosen by a group of independent judges following an open nomination period.”View

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    Federal Circuit Supports “readily identifiable and persuasive” Evidence Standard for Permitting the PTAB to sua sponte Reject Substitute Claims

    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 Federal Circuit suggested that this was the result of a procedural failure on the part of Hunting Titan to challenge the Panel’s decision as an abuse of discretion, and not because of the substantive rationale of the Panel. As to the question of the Board’s authority to arrive at a decision on a patentability issue sua sponte, the Federal Circuit suggested that when there is “readily identifiable and persuasive” evidence relating to patentability based on the prior art of record, as the facts of this case suggest, the Board should sua sponte identify patentability issues for proposed substitute claims.View

  • Lerner David Partners Recognized by Super Lawyers® 2022

    We are proud to announce that six Lerner David partners were selected for inclusion on the 2022 list of New Jersey Super Lawyers and one partner for inclusion on the 2022 list of New Jersey Rising Stars.View

  • Lerner David Featured at Seton Hall IPLA’s Women in IP Event

    Lerner David partner, Natalie Richer, will be the Keynote Speaker at Seton Hall IPLA’s Women in IP: Panel and Networking event. This event takes place on Thursday, March 31, 2022 at Seton Hall Law School. Lerner David partner, Lingyan Wang and attorney, Jayla Harvey will be members of the panel. Natalie will be speaking about navigating a predominately male field as a female attorney with a background in engineering and the panel will be discussing the overlap of technology and intellectual property. There will be a networking event following the Panel discussion.View

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    SCOTUS Holds Copyright Act’s Safe Harbor Provision Protects Good-Faith Mistakes

    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 “with knowledge that it was inaccurate.” For this reason, the Court determined that the registration is protected by a safe harbor provision in the Copyright Act that extends to both mistakes of fact and mistakes of law. The Court reasoned that both the Copyright Act itself and its legislative history indicate that an applicant’s good-faith mistakes should not preclude the applicant from obtaining a valid registration. A key takeaway from Unicolors is that getting it right from the start is important, especially with complex areas of IP procurement. Innocent mistakes may be forgivable, but it can take a trip to the Supreme Court to get forgiveness. View

  • Lerner David Attends Seton Hall Law School Event

    Lerner David attends Seton Hall Law School’s “Employer Preview Event” on Monday, March 28, 2022. Joseph Hajjar, Seton Hall alumni and attorney along with Marianne Kinsella, legal recruiter, represented Lerner David at this event. This was one of the first-in person employer events in two years. There were over 30 employer tables and many 1L and 2L students who attended. View

  • World Trademark Review Recognizes Lerner David in WTR 1000: The World’s Leading Trademark Professionals 2022

    Lerner David is pleased to announce that the World Trademark Review has recognized the firm once again in its annual rankings of top trademark law firm. WTR 1000: The World’s Leading Trademark Professionals 2022 recognizes Lerner David as “synonymous with IP excellence in New Jersey.” View

  • Lerner David Earns Top Ten Ranking for Third Year in a Row

    Juristat's Top Patent Firms in the U.S. 2021 Rankings are out and Lerner David ranked #5 in allowance rate for Technology Center (“TC”) 3700. TC 3700 is where you’ll find patent applications relating to Mechanical Engineering, Manufacturing, and Products. Allowance rate is the number of allowed cases versus abandoned cases during a certain period (in this case during 2019). The analysis was conducted in December 2021, and analyzed public applications disposed between January 1, 2019, and December 31, 2019 to account for the 18-month publication delay. View

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    2022 Privacy Law - Tips That Could Save Your Company From Financial Penalties

    Today, January 28th, is recognized in the U.S. (and in more than 47 countries) as International Data Privacy Day (IDPD). This day serves as an annual reminder for companies to re-evaluate their data privacy and security practices to ensure compliance with current standards and to prepare for coming changes in privacy and data protection laws. View

  • Lerner David Ranks Top 3 in TC 3700 and Top 6 in TC 1700

    We are proud to announce that Lerner David has ranked #3 in the medical devices technology area (TC 3700) and #6 in the chemical and materials engineering technology area (TC 1700) by Harrity Patent Analytics in 2021. For the overall ranking, Lerner David moved up two spots from last year and has solidly ranked 55th. The rankings, compiled by Harrity Patent Analytics, is published annually, and ranks industry-leading patent law firms based on the total number of U.S. utility patents issued in the past year. View

  • Lerner David Welcomed Two Rutgers Students for Externship Program

    For the second year in a row, Lerner David participated in the Rutgers Douglas Residential College Externship Program. We welcomed Ana C. Lopez, a returning extern with a biological sciences major, and Grace Liu with a pharmacy major. Also participated (but not in the Externship Program) is Lerner David employee Nikita Eddy, a Rutgers alumna, working part-time while studying for the patent bar to become a patent agent.View

  • Hwang Presented at the Annual Christiana Foglio’84 Douglass Career Conference for Women

    Kelly Hwang presented at the annual Christiana Foglio’84 Douglass Career Conference for Women held at Douglass Residential College, a part of Rutgers University, on November 13, 2021. Every year, Douglass Residential College invites alumnae and other women professionals in a variety of industries to share their wealth of knowledge with future women leaders on a set of curated panels. Kelly was one of the panelists for the panel called “Non-traditional Paths to Law and Policy”. Kelly shared her story of how she went from a STEM degree to a JD and working in the field of patent law. She met with current Douglass students to pass on knowledge about success in her industry and help to prepare female students for the work world as aspiring women leaders and entrepreneurs.View

  • Lerner David Ranked a Tier 1 Firm in the 2022 U.S. News - Best Lawyers

    We are proud to announce that Lerner David has been named a Tier 1 firm in New Jersey by U.S. News – Best Lawyers® “Best Law Firms” in 2022 in the area of Intellectual Property Law-Litigation, Copyright Law Litigation-Patent, Patent law and Trademark Law. View

  • BIOTECHNOLOGY SEQUENCE COMPLIANCE - USPTO PatentIn 3.5 Software Training and Hints for Compliance with ST.25 - What Businesses Need to Know

    HOSTED BY LERNER DAVID IP WHEN: Thursday, October 21, 2021 9am-11am VENUE: Virtual Presentation via Zoom. COST: Open to Public, No Fee PRESENTERS: Bob Wax, Supervisory Patent Examiner (SPE), Art Unit 1615 at USPTO; Nichole Martiak Valeyko, Director, Patents at Merck; Kelly Hwang and Keith McWha, Partners at Lerner David IP SUMMARY: The training includes how to use the USPTO PatentIn 3.5 software, creating a sequence listing together, and discussing some common helpful hints regarding compliance with the sequence rules. View

  • “Compulsory Licensing and March-in Rights in COVID-19 Vaccine Production” by Keith McWha published in New Jersey Law Journal on September 29, 2021

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  • Lerner David Participating in Midsize Mansfield Rule

    Lerner David is proud to announce the participation in the Midsize Mansfield Rule program sponsored by DiversityLab as part of our commitment to our diversity and inclusion initiatives. The Midsize Mansfield certification process, modeled after the version for larger firms, has been fine-tuned to boost diversity in leadership forfirms with 25 – 150 lawyers. The participation marks the Firm’s commitment to enhance our current practices in considering diverse candidates in hiring new individuals and in elevating existing individuals to positions of leadership within the Firm, as well as for participation in client pitches and high visibility client work. View

  • Gilman Presenting at ACC New Jersey Conference on A Value Proposition: Avoiding IP Litigation While Best Positioning Your IP Assets

    Keith Gilman, our managing partner, will be giving a presentation at the19th Annual ACC New Jersey CLE Conference (virtual) on September 20, 2021 from 9:00 am to 10:15 am. A Value Proposition: Avoiding IP Litigation While Best Positioning Your IP Assets View

  • Lerner David Partners Recognized By Best Lawyers® 2022

    We are proud to announce that four Lerner David partners were recognized in The Best Lawyers in America© 2022, and that Charles P. Kennedy was also named 2022 Litigation-Patent "Lawyer of the Year" in New Jersey.View

  • The New Jersey Law Journal Announces Winners for 2021 New Jersey Legal Awards

    For the fifth year in a row, Lerner David is announced as an honoree for “Litigation Departments of the Year” for Intellectual Property Law. We are very proud of our attorney honorees, Linyan Wang for “Unsung Heros.” View

  • Chernoff to Present at Rutgers Conference for Women in Physics

    This coming January 2022, Melanie Chernoff will share her insights and experiences at the Rutgers University APS Conference for Undergraduate Women in Physics. Chernoff was previously a physics teacher, and now implements her passion for physics while protecting the Intellectual Property rights of her clients. At the conference, she is expected to speak on a career panel among other outstanding physicists. View

  • Lerner David Recognized by IAM Patent 1000: The World's Leading Patent Professionals 2021

    Lerner, David is pleased to announce that the firm has again been ranked in IAM Patent 1000: The World’s Leading Patent Professionals 2021. In addition, seven of its attorneys were recognized as leaders in their field. Litigation: Greg S. Gewirtz, Keith E. Gilman, Bruce H. Sales; Prosecution: Michael H. Teschner; Transactions; Keith E. Gilman, Bruce H. Sales; Luminaries: William L. Mentlik, Roy Wepner. View

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    Supreme Court Allows Inventors To Challenge Their Own Patents In Limited Circumstances

    In Minerva Surgical, Inc. v. Hologic, Inc. (June 29, 2021), the Supreme Court upheld, but narrowed, the doctrine of assignor estoppel, which typically bars a patent assignor from later arguing its assigned patent is invalid in defense to the assignee’s infringement claim against the assignor. View

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    SCOTUS Resolves IPR Constitutionality Problem By Providing USPTO Director With Discretion To Review PTAB Decisions

    In U.S. v. Arthrex, Inc. (S. Ct. June 21, 2021), the Court held that decisions by Administrative Patent Judges (APJs) appointed to the Patent Trial and Appeal Board (PTAB) were unconstitutional because they were not previously reviewable by a principal executive officer, such as the Director, of the U.S. Patent and Trademark Office (USPTO). However, the Court remedied this problem by providing the USPTO Director with discretion to review PTAB decisions. As explained by Chief Justice Roberts: “To be clear, the Director need not review every decision of the PTAB. What matters is that the Director have the discretion to review decisions rendered by APJs.”View

  • Compulsory Licensing & March-in Rights in Covid-19 Vaccine Production Discussed at Joint Patent Practice Seminar CLE

    Keith McWha is speaking at the Annual Joint Patent Practice Seminar CLE regarding Compulsory Licensing & March-in Rights in Covid-19 Vaccine Production. The joint event is participated by the New Jersey, New York, Pennsylvania, and Connecticut IP Law Associations, and will take place on Thursday, June 10, 2021. View

  • Sales Named as one of NJBIZ’s ICON HONORS 2021 Honorees

    We congratulate Bruce H. Sales on being named one of NJBIZ’s ICON HONORS 2021 Honorees. “Hailing from a diverse swath of industries, including law, construction, finance, nonprofits, education, marketing, commercial real estate and more, the NJBIZ ICON Awards recognize New Jersey business leaders over the age of 60 for their contributions, their success and their leadership. Winners were chosen by a group of independent judges following an open nomination period.” View

  • Orville Cockings Named as 2021 NJBIZ Leaders in Law Honoree

    We congratulate Orville R. Cockings on being named one of NJBIZ’s Leaders in Law honorees. .Following an open nomination period, honorees were chosen by a panel of independent judges with experience in the justice system. The selections were based on legal professionals – lawyers and general counsels – whose dedication to their occupation and to their communities is outstanding. A virtual event showcasing these professionals will be presented on May 13 at 8:30 a.m.View

  • World Trademark Review Recognizes Lerner David in WTR 1000: The World’s Leading Trademark Professionals 2021

    A celebrated IP name locally, nationally and globally, Lerner David has a rich tradition of high performance in trademark practice on behalf of a diverse range of industry leaders. The group takes care of routine filings and suchlike with efficiency, but really shines on briefs of a more strategic nature, such as international brand launches requiring cultural and commercial sensitivity, along with a refined knowledge of trademark law in different jurisdictions. The group’s counsel is satisfyingly holistic, coming laced with trademark, advertising, marketing and social media expertise. Forming a trio with many decades of experience between them are Bruce Sales, Gregg Paradise and Thomas Palisi. Sales has a rare ability to home in on crucial issues and gives on-point advice grounded in an understanding of business in the real world. Paradise likewise never gives law school answers; he also showcases strong commercial sense and impressive technical aptitude. Dedication to an A-grade tailored service and accuracy and quality of work distinguish Palisi; he manages the global trademark portfolio of Stryker, among others.View

  • Lerner David Ranks #6 in Juristat’s Top Patent Firms

    Juristat's annual Top Patent Firms rankings are out and Lerner David, intellectual property law firm, ranked #6 in TC 3700. Juristat’s rankings are based solely on performance metrics in each tech center to find the best of the best within each particular area. Their database of more than 10 million pending, abandoned, and granted patent applications allows them to objectively analyze the performance of every law firm practicing within the USPTO.View

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    National Inventor's Day is Today

    On National Inventor’s Day, we honor innovators everywhere but especially within New Jersey. And in Black History Month it is only appropriate to honor New Jersey’s heritage of innovation in and the contributions from the African American community. For example, John Stanard, born in Newark, New Jersey, invented a modern refrigerator and a new space-saving oil stove in the 1800s. And Alice Parker of Morristown, New Jersey invented a central heating system using natural gas in the early 1900s.View

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    2021 Privacy Law Checklist for Your Business

    Fast-changing data privacy laws and regulations govern how companies must obtain and protect personally identifiable or other sensitive information. The challenge is to establish and maintain compliance to avoid exorbitant expense and penalties in addressing such issues upon notice of noncompliance. January 28th is recognized as International Data Privacy Day in the United States and over 47 other countries. The purpose is to raise privacy law awareness, and promote privacy and data protection best practices. The day serves as an annual reminder for companies to re-evaluate their data privacy and security practices to ensure compliance with current standards and to prepare for coming changes in privacy and data protection laws.View

  • Lerner David Listed as 2020 Top Patent Firm

    Lerner David is proud to announce that it has been listed as one of the 2020 Top Patent Firms based on number of U.S. utility patents issued in 2020. Lerner David was solidly ranked 57th out of 781 firms, with its number of issued utility patents having increased 13% over 2019. View

  • Lerner David Participates in Rutgers Douglas Residential College Externship Program

    Partners, Kelly Hwang and Orville Cockings, served as mentors to Rutgers students Ana C. Lopez, a biology major and Nandana Pai, an engineering major. View

  • Lerner's Harvey Receives Scholarship

    Congratulations to Jayla Harvey for being a Garden State Bar Association 2020 Scholarship Recipient! Jayla was recognized for her community service work while in law school, as well as her leadership skills and strong academic achievements. In addition to serving as President of Street Law and VP of Community Affairs for the Association of Black Law Students, Jayla also served as Associate Editor of the Women’s Law Reporter for her law school. Jayla will join Lerner David as a first year associate in 2021.View

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    Federal Circuit Holds Venue For Hatch-Waxman Cases Is Proper Only Where Acts Sufficiently Related To The ANDA Submission Occur

    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: “[I]n Hatch-Waxman cases, venue is not proper in all judicial districts where a generic product specified in an ANDA is likely to be distributed. It is proper only in those districts that are sufficiently related to the ANDA submission—in those districts where acts occurred that would suffice to categorize those taking them as a ‘submitter’ under § 271(e).” The Court also indicated that a foreign defendant was properly subject to venue in any judicial district. The decision affirmed the district court’s decision to dismiss the case for improper venue as to Mylan’s West Virginia and Pennsylvania corporations, but remanded the case for further proceedings with respect to the Indian entity. View

  • “Patent Protection Abroad: Getting Your Ducks in a Row Before Filing Across the Pond” by Ryan Bergeron, James Vezeris and Daniel Laine published in New Jersey Law Journal on Sept. 14, 2020

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  • Richer Presents at NJWLA Intellectual Property Primer

    Natalie Richer, a partner, presents at the New Jersey Women Lawyers Association Intellectual Property Primer on September 22, 2020. Click on link to see more information and register.View

  • New Jersey Trailblazers Spotlight Keith Gilman

    In New Jersey Law Journal’s August Supplement of 2020 New Jersey Trailblazers, Keith E. Gilman, Managing Partner, is one of the honorees as a “true agent of change”. It spotlights professionals who have made significant marks on the practice, policy and technological advancement of their practice. They “wanted to highlight those that are sincerely innovators and thought leaders.”View

  • Lerner David Partners Recognized By Best Lawyers® 2021

    We are proud to announce that six Lerner David partners were recognized in The Best Lawyers in America© 2021 for Intellectual Property Law in New Jersey, and Charles P. Kennedy was also named 2021 Litigation-Intellectual Property "Lawyer of the Year" in New Jersey. Lawyers are selected for inclusion in The Best Lawyers in America based on a peer review process designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues. For the 2021 Edition of The Best Lawyers in America, only approximately 5% of lawyers in private practice in the United States were awarded this honor. "Lawyer of the Year" honorees receive this award based on extremely high overall feedback within specific practice areas and metropolitan regions. “Lawyer of the Year” recognitions were awarded in 137 practice areas across 182 metropolitan regions. View

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    SCOTUS Rejects PTO's Sweeping Rule Denying Registrations for "generic.com" Domain Name Marks

    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 necessarily generic. SCOTUS agreed, holding that a "term styled 'generic.com' is a generic name for a class of goods or services only if the term has that meaning to consumers." While SCOTUS rejected the PTO's nearly per se rule, it also cautioned that "we do not embrace a rule automatically classifying such terms as nongeneric." View

  • Lerner David Has Been Named a Winner Under 5 Categories as the New Jersey Law Journal Announced Its 2020 Professional Excellence Winners

    Law Firm of the Year – FinalistsLerner David Littenberg Krumholz & MentlikUnsung HeroesNatalie RicherMentorsKelly Hwang DealmakersKeith GilmanLitigation Departments of the YearLerner David Littenberg Krumholz & Mentlik (Intellectual Property)View

  • Kelly Hwang Selected as a Top 25 Leading Woman Entrepreneur, Intrapreneur, Socialpreneur or Brand Builder 2020 Winner

    Kelly was chosen from a prestigious group of women who were selected out of hundreds of impressive nominations based on their strong business acumen and ability to both influence and inspire within their respective industries. Their tremendous accomplishments are representative of the increasing impact women are making in the world of business. View

  • Lerner's New Modern Design Praised in Real Estate New Jersey

    A law firm has opened the doors to its new 35,000-square-foot headquarters in Cranford, following a design and fit-out overseen by Kimmerle Group. Lerner David, a practice focused on intellectual property, has relocated to 20 Commerce Drive after nearly 50 years in Westfield. Its new home features modern design elements such as offices with full-height glass fronts and slider doors, allowing for natural light, along with high-end furniture and finishes selected by Kimmerle Newman Architects in tandem with the law firm.View

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    Willfulness Is Not Required for an Award of Profits for Trademark Infringement

    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. The Federal Circuit affirmed the decision, and Romag appealed to the Supreme Court. View

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    SCOTUS Disallows Appeal of Timeliness of IPR Petitions

    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 infringement of the patent." The issue before the Court was whether the one year time limit was nonappealable within the provisions of §314(d). View

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    Color Marks for Product Packaging Can Be Inherently Distinctive

    In a precedential ruling, the Federal Circuit held that "color marks can be inherently distinctive when used on product packaging, depending upon the character of the color design." In re Forney Industries, Inc., Appeal No. 20191-1073 (April 8, 2020). The case came before the Federal Circuit as a result of Forney's seeking trademark registration of a black, yellow, and red design for its product packaging. The TTAB refused registration on the basis that a color mark applied to product packaging can never be inherently distinctive, citing the SCOTUS's Qualitex decision. In Qualitex, SCOTUS held that color may function and be protected as a trademark as long as it has secondary meaning.View

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    Federal Circuit Holds Same-Party And New-Issue Joinder Not Allowed To An Instituted IPR

    In Facebook, Inc. v. Windy City Innovations, Nos. 2018-1400 et al. (Fed. Cir. March 18, 2020), the PTO Patent Trial and Appeal Board had instituted an IPR proceeding with respect to certain claims of patents asserted in an underlying lawsuit where Windy City had not yet identified the specific claims it was asserting in the district court proceeding. After it identified the claims it was asserting, Facebook filed two additional petitions for IPR for additional claims but by the time of that filing, the one-year time bar had passed. The Board granted Facebook’s request to add new petitions raising new issues to the already instituted proceeding, but the Federal Circuit reversed, holding that the “clear and unambiguous text of § 315(c) does not authorize same-party joinder, and does not authorize the joinder of new issues.” View

  • Lerner David Named a Top Patent Firm in TC 3700

    Lerner David is ranked 6th for allowance rate in Technology Center 3700 in Juristat's "Top Patent Firms 2019" rankings. Technology Center 3700 handles patent applications relating to Mechanical Engineering, Manufacturing and Products. For the 2019 ranking, allowance rate is based on public applications disposed of between January 1, 2017 and December 31, 2017. To qualify for inclusion, a firm must have filed a minimum of 100 applications in the tech center during that time period. Congratulations to our Mechanical Practice group!View

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    SCOTUS Holds That The USPTO Cannot Recover Its Attorney Fees Under 35 U.S.C. § 145

    In Peter v. NantKwest, Inc., No. 18-801 (Dec, 11, 2019), the Supreme Court considered whether 35 U.S.C. § 145, which provides that an applicant must pay "[a]ll expenses of the proceedings" when it appeals an adverse USPTO decision in the district court, should include the pro rata salaries of USPTO attorneys and paralegals who worked on the case.View

  • Hwang speaks at Asian Patent Attorney Association (APAA)’s 50th Anniversary Celebration Seminar

    Kelly Hwang presented on “Willful Infringement and Enhanced Damages in light of Halo” at the 50th Anniversary Celebration Seminar of APAA Korea on October 29th, 2019 at EL Tower in Seoul. In addition to Kelly, the panel of speakers at the seminar included the Honorable Ho Joon Yeom of Seoul Central District Court, Nik Ramchand of Davies Collison Cave of Australia and Joyce Ho of Tsar and Tsar of Taiwan, moderated by Seongki Kim of Lee & Ko of Korea. The speakers also provided practical tips under the punitive or enhanced damage system reflecting experiences in their respective jurisdictions covering US, Australia, Taiwan, China, and Korea. View

  • We've Moved!

    As we celebrate the milestone of 50 years in business, we've moved to our new headquarters on October 28, 2019. We will begin the next 50 years at 20 Commerce Drive, Cranford, New Jersey 07016.View

  • McWha Speaks at China IP Road Show in Princeton, NJ

    Keith McWha, a partner, will speak at the China IP Road Show regarding Strategies for IP Protection In China – What U.S. Businesses Need to Know- Enforcing IP Rights in the United States. The USPTO event will take place on Thursday, October 3, 2019, at Princeton University, 303A College Road East, Princeton, NJ 08540. Click here for more information on the event and here to register.View

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    Federal Circuit Holds Design Patents Cover Only Specifically Claimed Items

    In a case of first impression involving design patents, the Federal Circuit held that the language recited in the single "claim" of a design patent can limit the scope of a design patent "where the claim language supplies the only instance of an article of manufacture that appears nowhere in the figures." In the case at hand, the design patent illustrated a unique "Y" shaped pattern, but none of the figures showed the pattern on a specific product. However, the title of the patent and sole claim were amended to indicate that the design was a "Pattern for a Chair." Thus, the Federal Circuit affirmed the dismissal of an infringement suit against a company selling baskets with a "Y" shaped pattern because the design patent was deemed to be limited to chair designs only.View

  • Lerner David Partners Recognized By Best Lawyers® 2020

    We are proud to announce that five Lerner David partners were recognized in The Best Lawyers in America© 2020, and that Stephen F. Roth was also named 2020 Litigation-Intellectual Property "Lawyer of the Year" in New Jersey. View

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    PTAB Holds Service of Deficient Infringement Claim May Start One-Year IPR Filing Period

    In GoPro, Inc. v. 360Heros, Inc., IPR2018-01754 (PTAB Aug. 23, 2019) (Paper 38), the Precedential Opinion Panel ('POP') of the PTAB held that a deficiently pleaded counterclaim where standing was lacking still triggered the one-year IPR filing period under 35 U.S.C. § 315(b). That provision bars institution of an IPR if the petition is filed "more than 1 year after the date on which the petitioner ... is served with a complaint alleging infringement of the patent." View

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    As Of August 2019 U.S. Licensed Lawyers Required For Trademark Matters Before The USPTO

    Effective August 3, 2019, the United States Patent and Trademark Office will require all non-U.S. trademark applicants, non-U.S. trademark registrants, and non-U.S. parties to a trademark proceeding to be represented by a U.S. licensed lawyer. The USPTO will correspond only with the appointed U.S. licensed attorney. View

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    Supreme Court Paves The Way For Registration Of Offensive Trademarks

    In Iancu v. Brunetti, No. 18-302 (June 24, 2019), the Supreme Court, citing the First Amendment, struck down a portion of the Lanham Act prohibiting registration of "immoral or scandalous" marks, just as it had previously struck down the portion of the Lanham Act barring registration of "disparaging" trademarks in June 2017. The Court paved the way for an applicant to register the mark "FUCT" for a line of clothing, which an appeals board had found unregistrable as "highly offensive" and "vulgar." Because the law "disfavors certain ideas," Justice Kagan wrote, it violates the First Amendment. "Viewpoint discrimination is poison to a free society," Justice Alito wrote in his concurrence, saying that the Court must "remain firm" on this issue during "a time when free speech is under attack." This case is unique both for its intersection between intellectual property and First Amendment law, and for its obvious puns IP lawyers will no doubt make about the state of the Lanham Act. View

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    Federal Circuit Clarifies Inter Partes Review Time Bar Provision Under 35 U.S.C. § 315(b)

    In Power Integrations, Inc. v. Semiconductor Components Industries., LLC, the Federal Circuit tackled for the first time the issue in inter partes reviews of "whether privity and RPI [real party in interest] relationships arising after filing but before institution should be considered for purposes of the § 315(b) time-bar." Power Integrations, No. 2018-1607, slip op at 12-13 (Fed. Cir. June 13, 2019). The Court concluded that the "best reading" of § 315(b) required that privity and RPI relationships that arise after the filing of an IPR petition but before institution be considered in determining whether a petition was time-barred. Id., at 14. In this case, Semiconductor Components Industries, LLC, which did business as ON Semiconductor ("ON"), merged with a third party (Fairchild Semiconductor) who had been served with a complaint more than one year before ON filed its petition. Id., at 4. That merger closed just four days before the PTAB's decision to institute. Id. The Court held the IPR was time-barred "because Fairchild was an RPI at the time the IPR was instituted, even though it was not an RPI at the time the petition was filed." Id., at 21. Slip opinion available at http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-1607.Opinion.6-13-2019.pdfView

  • Wepner Honored by the New Jersey Law Journal as an “Unsung Hero” of the New Jersey Bar

    On June 12, 2019, Lerner David partner Roy Wepner was honored by the New Jersey Law Journal as an “Unsung Hero” of the New Jersey bar. The award is intended to celebrate lawyers who often work behind the scenes, but whose efforts are indispensable to their firm. Wepner has been a partner with Lerner David for over 35 years. The Law Journal highlighted Roy’s work in building the firm’s IP litigation practice by stepping into cases where he had no prior involvement and preparing hard-hitting and persuasive briefs while leaving off his name in favor of others on the team.View

  • “Navigating Electronic Discovery in Complex Cases” by Jonathan David published in New Jersey Law Journal on April 11, 2019

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  • Lerner David Named Intellectual Property Litigation Department of the Year for the Third Time Running

    For the third year in a row, Lerner David has been named IP Litigation Department of the Year by the New Jersey Law Journal. With this fourth recognition in five years, Lerner David solidifies its stature as best in the state. As the premier IP boutique in New Jersey, with its entire practice dedicated to various aspects of IP, all of the litigation handled by Lerner David is IP litigation. Its efforts, for which it was recognized as top IP litigation department, include successful Inter Partes Review proceedings before the U.S. Patent and Trademark Office, as well as appellate and trial level federal and state court proceedings involving patent, trademark, trade dress, and licensing matters. The firm looks forward to gratefully accepting this award at a ceremony in June.View

  • Lerner David Represented at Rutgers Law Night

    Natalie S. Richer and Melanie A. Chernoff will be representing Lerner David at Rutgers Newark Law School NJ Law Firm Night on Wednesday, March 27th from 4:00 p.m to 6:00 p.m.View

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    SCOTUS Holds “Secret Sales” May Trigger On-Sale Patent Bar

    In Helsinn Healthcare S.A. v. Teva Pharm. USA, Inc., No. 17-1229, (Jan. 22, 2019), a unanimous Supreme Court held that the “on sale” bar of 35 U.S.C. § 102(a)(1) of the America Invents Act (“AIA”) could be triggered by a patentee making a “secret” commercial sale of an invention more than one year before filing a patent application. The Court explained that it was well-settled under pre-AIA law that the "on sale" bar could be triggered by "a commercial sale to a third party who is required to keep the invention confidential," and held that the AIA's addition of the catchall phrase "or otherwise available to the public" in § 102(a)(1) was not enough of a change for the Court to conclude that Congress intended to alter this settled meaning.View

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    Copyright Registration - A Requirement to File Suit Says The Supreme Court

    On March 4, 2019, the Supreme Court unanimously ruled that copyright owners must first obtain a copyright registration from the U.S. Copyright Office, or receive a denial of a registration, before they can bring a copyright infringement lawsuit. Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No.17-571 (Mar. 4, 2019). The ruling, authored by Justice Ginsburg, resolved a split of authority among different circuit courts in which some courts did not require a registration prior to filing suit, only the filing of a copyright application.View

  • April Capati Presenting at Fashion Law Conference

    Lerner David is pleased to announce that its Of Counsel, April Capati, will be speaking on a panel related to design patent law at the Fashion Law Conference in New York on February 8, 2019. For more information on the Fashion Law Conference or to register your attendance, please click here at www.fedbar.org/fashionlaw19.View

  • Lerner David's Move to Cranford!

    Lerner David is proud to celebrate its 50th Anniversary with a late 2019 move into a new space at 20 Commerce Drive in Cranford!View

  • 2019 Risk Strategies Succession Award to Firm Accepted by Keith E. Gilman, Managing Partner

    Risk Strategies presented the award by recounting some Lerner David history: “50 years ago, Lerner David set up shop with just a few IP lawyers. The firm flourished based on good work and a string of historic high profile wins in the Patent world. They hired up and continued to grow as a stand-alone IP firm based on their reputations. Lerner David became known as one of the experienced, steady hand in the confusing and complex (even for lawyers) world of IP. Over time, the firm’s original founders and their early hires aged (as we all do). It became apparent to firm management that it was time to make changes in leadership, management structure, and to update the firm’s business model to adapt to today’s legal world. These were tough decisions in terms of personnel sunset horizons, business practices, and even compensation models that no longer made sense. For these tough but important moves, Keith E. Gilman was awarded the 2019 Risk Strategies Succession Award for Lerner David.”View

  • Presentation to the Garden State Wine Growers Association on trademark acquisition and protection for wineries in October 2018

    Lerner David’s Charles Kennedy presented a discussion of “Selection and Protection of Brand Identification” for the members of the Garden State Wine Growers Association.View

  • Bill Mentlik honored as NJBiz Icon

    We are proud to share that our partner Bill Mentlik is being honored as a 2018 NJBIZ Icon. @NJBIZ recognizes New Jersey business leaders over the age of 60 for their notable success and demonstration of strong leadership both within and outside of their chosen field. Bill continues his successful patent law career as an effective mediator of IP disputes, with deep-rooted experience stemming from his many years as an accomplished litigator and deal maker. View

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    Supreme Court Upholds Award of Lost Foreign Profits For Patent Infringement

    The Supreme Court expanded the territorial reach of patent damages in WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, 2018 U.S. LEXIS 3842 (June 22, 2018), holding that, in cases involving the infringing exportation of components for assembly abroad, '§271(f)(2) and §284 allow the patent owner to recover for lost foreign profits.' WesternGeco's competitor, ION Geophysical Corporation, had created an infringing ocean floor surveying system by manufacturing components in the United States and shipping them to companies abroad, where they were combined. As a result, WesternGeco lost foreign survey contracts that amounted to over $90 million dollars. In finding that WesternGeco could recover for these foreign losses, the Court emphasized that the infringing conduct at issue under Section 271(f)(2) was purely domestic, even if the harm arising from the infringing exportation occurred abroad.View

  • Hwang Named as Finalist for Minority Female US Lawyer of the Year

    Congratulations to our partner, Kelly Y. Hwang, who has been named as one of four national finalists for the 2018 Minority Female Lawyer of the Year Award. Chambers' Women in Law recognizes those pioneers who have furthered the advancement of women within the legal sphere. The Award recognizes achievements, empowers the people behind innovative women's initiatives, and gives greater visibility to gender diversity. View

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    Supreme Court Rules Inter Partes Decisions Are Here To Stay, With Modifications

    Supreme Court Rules Inter Parties Decisions Are Here, With Modifications The Supreme Court issued two much-anticipated decisions Tuesday in cases involving Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). In the first case, Oil States Energy Services, LLC v. Greene's Energy Group, LLC, No. 16-712, 584 U.S. __ (April 24, 2018), the Court ruled that IPR proceedings are constitutional and do not violate either Article III or the Seventh Amendment. Essentially, the Court reasoned that invalidity challenges need not be brought in court, but rather such proceedings are entirely proper at the PTAB, which is itself part of the U.S. Patent and Trademark Office, which decides issues of patentability in the first instance. View

  • Lerner David Again Named Intellectual Property Litigation Department of the Year

    Lerner David, with its numerous successes at both the trial and appellate level in 2017, has again earned the title of IP Litigation Department of the Year in 2018. The honor, bestowed by the New Jersey Law Journal, has been received by Lerner David each of the three years in which it entered the competition, with this third recognition solidifying the firm’s stature as best in the state. As the premier IP boutique in New Jersey, with its entire practice dedicated to various aspects of IP, all of the litigation handled by Lerner David is IP litigation. Its efforts for which it was recognized as top IP litigation department include successful Inter Partes Review proceedings, as well as appellate and trial level federal and state court proceedings involving patent, trademark, trade dress and licensing matters. The Law Journal lauded the 2018 winners as having gone “beyond providing good counsel to clients—they, in many cases, ferried them through the most significant disputes, [and] handled matters in creative ways.” An awards ceremony will be held later this year in which Lerner David will gratefully accept its award.View

  • Lerner David Hosts Women’s Leadership Event

    Lerner David proudly hosted and sponsored the NJWLA event “Getting a Seat at the Table: the Different Paths to Leadership.” The panel discussion featured accomplished women lawyers that rose to success in law firm, corporate, and government positions. The engaging discussion was widely attended and followed by a lively networking session.View

  • Lerner David Partners Presenting at Upcoming ACI's Hatch Waxman Series: Paragraph IV Disputes Conference

    Lerner David is pleased to announce that two of its Hatch-Waxman attorneys will be presenting at an upcoming conference on Paragraph IV Disputes. This national conference has been taking place for nearly a decade and brings together the “who’s who” of Hatch-Waxman litigators, industry decision makers and stakeholders, as well as Judges –now from two different forums – and key government representativesView

  • Lerner David Supports New Jersey Law Firm Night at Rutgers Law School Newark

    Kelly Y. Hwang and Wilfred V. Patrick along with Recruiting Administrator, Marianne Kinsella will be attending New Jersey Law Firm Night at Rutgers Law School Newark, NJ. This annual event is a meet and greet that gives law firms the opportunity to introduce themselves to hundreds of our law students in an informal setting.The event will be held in the Herbert M. Ellend Atruim of the Center for Law and Justice. This year's event will be held on Wednesday, March 28, 2018 from 4:00 PM to 6:00 PM.View

  • Lerner David Sponsors New Jersey Women Lawyer's Association 11th Annual Gala

    Lerner David is pleased to announce that it is sponsoring the New Jersey Women Lawyer’s Association (NJWLA) 11th annual Gala held on March 20, 2018. This Gala honors NJWLA’s women’s initiative and women leaders in law by presenting awards to individuals for their exceptional achievements, sustained contributions to gender equity challenges and other issues unique to women in the legal profession. Lerner David partners, Gregg A. Paradise, Kelly Y. Hwang, and Natalie S. Richer are attending the Gala along with April M. Capati, and Kendall K. Gurule of the firm. http://www.njwla.org/new-jersey-women-lawyers-association-11th-annual-will-platinum-gala/View

  • 'IP Considerations in M&A Transactions', a presentation by Keith Gilman and Jeffrey Dickey

    'IP Considerations in M&A Transactions', a presentation by Keith Gilman and Jeffrey Dickey to the Licensing Executive Society on March 14, 2018.View

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    Fourth Circuit Provides Important Guidance Regarding DMCA Safe Harbor

    The Digital Millennium Copyright Act (“DMCA”) protects against claims of copyright infringement for online providers who host user-generated content on their sites. It provides a “safe harbor” against copyright infringement claims arising from user posts, so long as the internet service provider implements an appropriate “repeat infringer policy” that terminates user accounts in appropriate circumstances.View

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    Federal Circuit Makes It Easier For Patent Owners To Amend Claims in IPR

    In a fractured en banc decision, the Federal Circuit ruled that the petitioner in an inter partes review, not the patent owner, has the burden of showing that amended claims are unpatentable. Aqua Products, Inc. v. Matal, No. 2015-1177 (Fed. Cir. Oct. 4, 2017). Furthermore, the PTAB must base its patentability determinations regarding such amended claims on the entirety of the IPR record, not just the "face of the motion to amend." View

  • Richer Selected for NJBIZ 40 Under 40

    Natalie Richer was named to the 2017 class of NJBIZ 40 Under 40, an award given to selected up-and-coming stars of the NJ business community. Selectees have achieved professional excellence at a young age, representing the future of their industries and the state as a whole.View

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    File or Re-File Your DMCA Notice Now

    The Digital Millennium Copyright Act, commonly known as "DMCA," provides protection against claims of copyright infringement for website owners and other providers of online services or network access such as bloggers, social media platforms and mobile apps (hereafter "service providers") who may have inadvertently or unknowingly uploaded material in violation of third party copyrights. In order to secure the protections provided by the DMCA, website owners and service providers must file documentation with the Copyright Office so that aggrieved parties can request removal of allegedly infringing works. The Copyright Office has revamped the DMCA procedures by which website owners and service providers can obtain safe harbor from copyright infringement allegations.View

  • “Protecting IP in a 3D Printed World” by Wilfred V. Patrick published in New Jersey Law Journal on September 18, 2017

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  • Lerner David Ranked Top Tier Intellectual Property Law Firm

    Lerner David is pleased to announce that Chambers USA - America's Leading Lawyers for Business has again recognized the firm in its annual rankings of the foremost law firms and lawyers in the country. In the publication's 2017 edition, the firm is listed among the top tier law firms in New Jersey for Intelectual Property Law. Additionally, five of our partners are ranked among the top individual attorneys in the state.View

  • World Trademark Review Recognizes 3 Lerner David Partners as Leading Trademark Professionals for 2017

    Thanks to cost-effective rates, cutting-edge infrastructure and boots on the ground in China and Japan, Lerner David Littenberg Krumholz & Mentlik has become a potent force on both the New Jersey and national IP landscapes. Especially strong in matters involving complicated scientific or technological strands, it also stands out for its business nous. Having played a key role in IP suits in courtrooms across five continents, Bruce Sales is a go-to for multinationals locked in must-win disputes; he counsels them on worldwide strategic planning too. The versatile Gregg Paradise has won ardent fans in the pharmaceuticals, electronics, cosmetics and food sectors – not least thanks to his extensive anti-counterfeiting experience. Brand management magus Thomas Palisi is the co-author of key treatise Patents and Trademarks: Proceeding with Caution to Maximise Benefits and Minimise Exposure.View

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    Supreme Court Expands Doctrine Of Patent Exhaustion

    In a decision overturning longstanding Federal Circuit law, the Supreme Court in Impression Prods., Inc. v. Lexmark Int'l, Inc., 581 U.S. __ (May 30, 2017) held that a patent owner's sale of a patented product anywhere in the world exhausts all of its U.S. patent rights in that product, regardless of post-sale restrictions the patent owner may have imposed on the purchaser. Such exhaustion also occurs upon sale by a licensee acting in compliance with a valid license. View

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    Supreme Court Limits Patent Venue

    The Supreme Court limited venue for patent infringement actions in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (U.S. May 22, 2017). Reversing the Federal Circuit, the Supreme Court unanimously held that "resides" for the purpose of a domestic defendant corporation in patent litigation means its state of incorporation. Thus, patent owners can only bring a patent infringement suit in a judicial district where the alleged infringer: (a) is incorporated or (b) both has committed acts of infringement and has a "regular and established place of business."View

  • Lerner David Named Top IP Litigation Firm in New Jersey

    On April 27, 2017, the New Jersey Law Journal announced that Lerner David had been selected as the top intellectual property litigation practice in New Jersey. The competition was decided based on submissions discussing litigation results during the year 2016. Firms were asked to submit up to seven successful trial and appellate victories, as well as an essay describing what makes the firm stand out in its chosen specialty. View

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    Supreme Court Creates Encouraging Test For Copyright Protection Of Designs Incorporated Into Useful Items

    The Supreme Court resolved “widespread disagreement” about the availability of copyright protection for designs used on useful items. Star Athletica, LLC v. Varsity Brands, Inc., ___ U.S. ___ (Mar. 22, 2017). The question presented was how to determine when design works are “conceptually separable” from useful items, the latter not being eligible for copyright protection. The Supreme Court’s holding that copyright protection is indeed available for some designs incorporated into useful items is encouraging for creators seeking protection of their original works. View

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    Supreme Court Eliminates Laches Defense To Patent Damages

    In a 7-1 decision, the Supreme Court held that the equitable doctrine of laches cannot be used to bar damages for patent infringement that occurred within the 6-year "look-back" period prescribed by 35 U.S.C. § 286. SCA Hygiene Prods. v. First Quality Baby Prods., ___ U.S. ___ (Mar. 21, 2017). The Court's decision closely followed the reasoning of its earlier decision in Petrella v. Metro Goldwyn Mayer, Inc., 134 S.Ct. 1962 (2014), in which the Court disallowed laches during the 3-year damages period prescribed by the Copyright Act's statute of limitations. In SCA, the Court concluded that Section 286 of the Patent Code "represents a judgment by Congress that a patentee may recover damages for any infringement committed within six years of the filing of the claim," and thus held that applying laches during that period would go "beyond the Judiciary's power." View

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    Supreme Court Reins In Infringement Liability For Exporting "Components"

    The Supreme Court in Life Technologies Corp. v. Promega Corp., 580 U.S. ___ (Feb. 22, 2017) trimmed the scope of infringement liability under 35 U.S.C. § 271(f)(1), which makes it an act of infringement to supply from the United States "all or a substantial portion" of the components of a patented invention for combination abroad. The Court construed the phrase "a substantial portion" in Section 271(f)(1) as having a quantitative, not a qualitative, meaning, requiring the exportation of "plural" components. View

  • Hwang Presents at the NJ Women Lawyers Association

    The panel discussion focused on overcoming the self-sabotage that can stagnate your career advancement and satisfaction. The panel also discussed the most common self-defeating behaviors, shared their experiences on overcoming these obstacles, and offer tips to develop a strategic plan to achieve career enhancement.View

  • Lerner David Sponsors 11th Annual ACI Paragraph IV Disputes Conference on April 24-26, 2017

    Lerner David is pleased to announce that it is sponsoring the American Conference Institute’s 11th annual Paragraph IV Disputes conference. This conference, held every Spring, brings together “the who’s who of Hatch-Waxman litigators, industry decision makers and stakeholders, as well as Judges — now from two different forums — and government representatives.” View

  • Lerner David Achieves Top 20 Ranking on Juristat’s “Top 100 Patent Firms” List

    In its 2017 ranking, Lerner David catapults to no. 19, ascending from its no. 38 ranking the year prior. According to Juristat, it is the only ranking of U.S. law firms based on objective measurements of firm performance. Its analysis is based on a weighted average of the following four key metrics, including total number of applications filed, allowance rate, average number of office actions before allowance, and average time to allowance. The average number of office actions to allowance considered those applications disposed between July 1, 2014 and June 30, 2015, and the number of applications filed was based on that same time period. View

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    Design Patents Continue To Offer Powerful Protection Even After Supreme Court Decision Reining In Damages

    The Supreme Court's decision in Samsung Elecs. Co. v. Apple Inc., No. 15-777 (U.S. Dec. 6, 2016) to reverse a $399 million damages award against Samsung for infringement of Apple design patents directed to the rectangular shape and rounded corners of a smartphone, has received significant attention in the IP community. Lost in the discussion, however, is the substantial value that design patents continue to have, both domestically and abroad, in protecting an innovator's products against copying.View

  • Lerner David Named a Top Patent Firm in TC 1700

    Lerner David has been ranked among top 10 firms with the highest allowance rate in Technology Center 1700 by Juristat. Technology Center 1700 handles chemical and materials engineering related inventions covering diverse technologies such as organic chemistry, metallurgy, coatings, polymers, glass, plastics, catalyst, fuel cells, batteries, solar cells, electrochemistry, petroleum processing, analytical chemistry, food and radiation imagery. Juristat based its research on the firms that have disposed of at least 500 applications in TC 1700 in the 10-year period between 2006 and 2015. Congratulations to our Chemical Practice group!View

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    Federal Circuit Further Clarifies Scope Of Abstract Idea Exception

    A pair of recent Federal Circuit decisions have benefited software patents by clarifying restrictions imposed by the Supreme Court's decisions in Mayo and Alice. The cases emphasize that the first step in the Mayo/Alice analysis is "a meaningful one," and that "a substantial class of claims" in software and other fields are not exempt from patentability as abstract ideas.View

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    Federal Circuit Clarifies Patent Eligibility For Life Sciences Inventions

    The USPTO has issued new guidance to examiners to aid them in determining subject matter eligibility of life sciences method claims that facilitates obtaining such patents.View

  • Lerner David Ranked by IAM Patent 1000 — The World's Leading Patent Professionals

    Lerner, David is pleased to announce that the firm has again been recognized by IAM Patent 1000 as a world leading patent firm. In addition, six of its attorneys were recognized as leaders in their field of patent litigation and patent prosecution: Joseph Littenberg, William Mentlik, Bruce Sales, Roy Wepner, Keith Gilman and Sidney David.View

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    Supreme Court Rejects Test For Enhanced Damages in Favor of Less Burdensome Test

    Although Section 284 of the Patent Act provides that courts "may increase the damages up to three times the amount found or assessed," the Federal Circuit previously established a more burdensome test for proving enhanced damages. According to In re Seagate Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007), a patent owner was required to (1) "show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent" and then (2) show that the risk of infringement "was either known or so obvious that it should have been known to the accused infringer" in order to capture enhanced damages.View

  • Capati Awarded “Patent Counseling Lawyer of the Year” by Lawyer Monthly Magazine for the 2016 Women in Law Awards

    April M. Capati, of counsel, was recently selected by her peers to receive the “Patent Counseling Lawyer Of The Year” award issued by Lawyer Monthly magazine for the 2016 Women in Law Awards. This award is based on April’s “outstanding legal expertise and contribution within the practice area of Patent Counselling.”View

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    Defend Trade Secrets Act Is Passed

    The Defend Trade Secrets Act ("DTSA") has now passed both the House and Senate and been signed into law by President Obama.View

  • Cockings Presents "Protecting Ownership of IP and Inventions Created by Employees and Consultants"

    The presentation provided an overview of the different types of intellectual property protection available to employers and steps employers may take to protect its intellectual property.View

  • “The AIA May Not Be So Bad After All” by Gregory M. Reilly published in New Jersey Law Journal on April 4, 2016

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  • NJ Women Lawyers Association Member Spotlight: Natalie Richer

    As an Intellectual Property lawyer who works with many electronics and software companies, I am used to being the only woman in the room. Even back in my undergraduate electrical engineering classes, it was the same dynamicView

  • “Patentability of Business Methods and Computer-Implemented Technology Inventions”, February 2016; New Jersey Business Law Section Newsletter, Vol. 39, No. 2.

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    Petitions For Inter Partes Review Face Increased Scrutiny

    Amid continuing popularity of Inter Partes Review as a vehicle for challenging patent validity, the Federal Circuit vacated a PTAB finding of invalidity because the PTAB had not adequately explained why the claimed invention was obvious.View

  • Lerner David Named Winner of Intellectual Property Litigation Department of the Year

    Published since 1878, the New Jersey Law Journal is New Jersey’s premier legal periodical, and the winners of its Litigation Department of the Year award are selected by its senior editors and reporters. View

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    Laches Defense Still Applicable To Patent Cases

    The laches defense remains available in patent cases. In an en banc decision,SCA Hygiene Products v. First Quality Baby Products, LLC 2015 U.S. App. LEXIS 16621 (Fed. Cir., September 18, 2015), the Federal Circuit distinguished the Supreme Court's decision last year in the View

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    Federal Circuit Expands Scope Of Divided Infringement Liability

    Resolving a protracted battle regarding so-called "divided infringement," the Federal Circuit held en banc in Akamai Technologies, Inc. v. Limelight Networks, Inc., No. 2009-1372 (Fed. Cir. Aug. 13, 2015) that an entity may be liable for direct infringement of a method claim even if it does not perform all method steps, so long as it directs or controls the performance of the remaining method steps or engages in a joint enterprise to do so.View

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    Federal Circuit Applies Extraterritoriality Principle To Trim Damages Award

    Continuing its careful scrutiny of damage awards in patent cases, the Federal Circuit in Carnegie Mellon University v. Marvell Technology Group Ltd., et al., 2014-1492 (Fed. Cir. Aug. 4, 2015) reversed a substantial portion of a $1.5B patent infringement award and remanded for determination of whether accused chips that were made and delivered solely outside of the United States could be used to measure damages for infringement of a method claim in the U.S. View

  • Natalie Richer recognized as a “New Leader of the Bar” by the New Jersey Law Journal

    This is an award given to a select number of lawyers who have built accomplished careers and established themselves as leaders within their firms, organizations, and the larger legal community before reaching the age of 40. View

  • Chambers USA Ranks Lerner David Top New Jersey IP Firm

    Lerner, David is pleased to announce that the firm has been recognized again as a Band 1 top intellectual property law firm in New Jersey by Chambers USA. In addition, not only did Lerner David take the top position, but five of its attorneys were recognized as leaders in their field of intellectual property: Joseph S. Littenberg, William L. Mentlik, Bruce H. Sales, Charles P. Kennedy, and Stephen F. Roth.View

  • Lerner David Receives Top Honors in New Jersey For Intellectual Property Litigation

    In June 2015, Lerner David received an award given by the New Jersey Law Journal as the top intellectual property litigation practice in New Jersey, based on its record of success during the years 2013 and 2014. In a competition in which Lerner David competed against IP litigation departments in full service law firms, the editors of the Journal said, “Lerner David Does One Thing, And Does It Well.” This is a link to the full Law Journal article about our firm’s record of success in IP litigation:View

  • “Protecting a Company’s Online Reputation” by Orville Cockings published in the Business Law Section Newsletter, a publication of New Jersey State Bar Association on June 2015

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  • David quoted in NJ Law Journal Article About Impact of Alice

    In the article “Kayak.com Suit Sheds Light on Emerging IP,” published in the New Jersey Law Journal on April, 30, 2015, partner and litigator Jonathan David was tapped for his expertise regarding the impact of the U.S. Supreme Court’s June 2014 ruling in Alice Corporation Pty. Ltd. v. CLS Bank International.View

  • IAM Patent 1000 — The World's Leading Patent Professionals — Ranks Lerner David

    Lerner, David is pleased to announce that the firm has been recognized by IAM Patent 1000 as a world leading patent firm. In addition, six of its attorneys were recognized as leaders in their field of patent litigation and patent prosecution: Joseph Littenberg, William Mentlik, Bruce Sales, Roy Wepner, and Sid David.View

  • Lerner David Recognized by World Trademark Review — The World's Leading 1000 Trademark Professionals

    Lerner, David is pleased to announce that the firm has been recommended by World Trademark Review ('WTR') as a world leading trademark firm. In addition, two of its attorneys were recognized as Top 1000 leaders in their field of trademarks: Bruce Sales and Gregg Paradise.View

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    Good-Faith Belief In Invalidity No Longer A Defense To Inducement Of Infringement

    Earlier today, the Supreme Court ruled that a good-faith belief regarding patent invalidity is no longer a defense to an induced infringement claim.Commil USA LLC v. Cisco Systems Inc., No. 13-896 (U.S. May 26, 2015).View

  • “GATT Patent Term? A Look Back at the Implementation and Ramifications of GATT” by William Di Bianca and Brian Tomkins published in NYIPLA Bulletin on April/May 2015

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  • Lerner David Represented at INTA's 2015 Annual Meeting

    We are pleased to inform you that Lerner David will be attending the International Trademark Association Annual Meeting in San Diego, California from May 2nd thru May 6th, 2015.View

  • Roth Speaks on Exploring Career Options in Intellectual Property: Patent, Copyright, and Trademark

    On Tuesday, April 7, 2015, Partner Stephen Roth gave a speech at the 2015 Intellectual Property Law Society Symposium. Mr. Roth's presentation focused on Exploring Career Options in Intellectual Property: Patent, Copyright, and Trademark. The event was held at the Rutgers School of Law-Newark, Newark, NJ. View

  • Richer Presents on "Winning the Fight Against Counterfeiting and Parallel Imports" at the Barclay Center in Brooklyn

    Natalie Richer presented at a special CLE event for the NYCLA at the Barclay Center in Brooklyn, NY. She warmed up a group of fans before a Cleveland Cavaliers vs. Brooklyn Nets game by sharing her expertise on combatting counterfeiting and gray market goods. View

  • Super Lawyers Recognizes Lerner David

    Lerner David once again has several lawyers named 2015 New Jersey Super Lawyers and Rising Stars by Super Lawyers Magazine.View

  • Gilman Gives Presentation on Post-Grant Proceedings at the International Patent Forum in London

    At the invitation of trusted Swedish associate Valea AB, Keith Gilman joined a distinguished array of attorneys from around the world at the International Patent Forum in London, operated by Managing Intellectual Property (MIP). Mr. Gilman presented on post-grant proceedings in the United States with comparison to EPO oppositions, followed by a panel discussion on the topic. In addition to drawing top practitioners from around the world, the event welcomed a keynote address from Baroness Neville-Rolfe, Minister of Intellectual Property in the United Kingdom.View

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    Supreme Court Upholds Preclusive Effect Of TTAB Decisions

    In a decision reflecting the increasing importance of adversary proceedings in the Patent and Trademark Office, the Supreme Court held in B&B Hardware, Inc. v. Hargis Indus., Inc., No. 13-352 (U.S. Mar. 24, 2015) that Trademark Trial and Appeal Board decisions regarding likelihood of confusion are binding on district courts, so long as the ordinary elements of issue preclusion are satisfied. View

  • Lerner David Welcomes New Partner Keith McWha

    Keith McWha has joined the intellectual property law firm of Lerner, David, Littenberg, Krumholz & Mentlik, LLP as partner. The addition reinforces Lerner David's pharmaceutical and transactional practices.View

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    Design Patents To Get Boost From New Treaty

    The United States will enhance protections for designs by acceding to the Geneva Act of the Hague Agreement on May 13, 2015, making the United States a member of the Hague Union.View

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    Supreme Court Shifts Claim Construction Review

    It is well-established law that the meaning of claim terms ("claim construction") is to be determined by a judge, even when such determination requires consideration of factual evidence.View

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    Willful Infringement: Still Viable

    he Federal Circuit recently upheld a finding of willful infringement in a case in which enhanced damages could approach one billion dollars. Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc. (Fed. Cir. 2015). View

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    District Court Endorses "Patent Exhaustion" Defense

    An increasing willingness by the courts to uphold exhaustion as a defense in patent infringement actions continues.View

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    Federal Circuit Panel Reaffirms Viability Of Laches Defense In Patent Cases

    A three-judge panel of the Federal Circuit held this week that laches continues to be available as a defense to claims for patent infringement damages, notwithstanding the Supreme Court's ruling in Petrella v. Metro Goldwyn Mayer, Inc., 134 S. Ct. 1962 (2014) that the defense cannot be invoked in most copyright cases.View

  • Sales Speaks at Brazilian International Congress for Intellectual Property

    Lerner David Partner Bruce Sales recently gave a well-received speech on “New Post Grant Procedures under the AIA and How they Interface with Traditional Court Challenges on Invalidity” at the 34th International Congress on Intellectual Property. The conference was held at the World Trade Sao Paulo Convention Center in Sao Paulo, Brazil. For more information, please contact Mr. Sales see ABPI’s website.View

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    Supreme Court Continues To Issue Significant Patent Rulings

    Continuing its hands-on approach in patent cases, the Supreme Court issued two more decisions clarifying the standards for evaluating patent infringement and validity. In Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court held that a defendant may not be found liable for inducing infringement absent direct infringement by a single entity. View

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    Supreme Court Weighs In Regarding Patentability Of Financial Products

    The Supreme Court issued another significant patent ruling this week, holding in Alice Corp. Pty. Ltd. v. CLS Bank that patent claims directed to financial methods and systems that are otherwise unpatentable are not made patentable just because they are implemented on a computer.View

  • Cockings Panelist at New Jersey State Bar Annual Meeting

    Orville Cockings was a panelist discussing tips for conducting trade secret audits, preserving trade secrets in litigation and protecting acts of misappropriation outside the United States at the New Jersey State bar Association Annual meeting on May 15, 2014.View

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    Supreme Court Sharply Limits Laches Defense

    In a sweeping ruling, the Supreme Court held that a plaintiff's significant delay in suing for copyright infringement did not bar the plaintiff from seeking damages for infringement occurring during the Copyright Act's three-year "look back" window.View

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    Supreme Court Weighs In On Fee Awards In Patent Cases

    In two decisions issued yesterday, the Supreme Court relaxed the standard for awarding fees in patent cases. Both decisions should have the effect of reducing baseless patent suits.View

  • Lerner David's 2014 Super Lawyers

    Five of Lerner David's partners have been named as Top New Jersey Intellectual Property Attorneys by Super Lawyers in the 2014 issue of Super Lawyers Magazine.View

  • Lerner David at Rutgers-Newark Law's NJ Law Firm Night

    Partner Kelly Hwang, Fahd Majiduddin and Marianne Kinsella represented Lerner David at Rutgers-Newark School of Law’s Annual New Jersey Law Firm Night on Wednesday, March 26, 2014 at the Herbert M. Ellend Atrium of the Center of Law and Justice.View

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    Federal Circuit Expands Reach of Doctrine of Equivalents

    In a recent decision, the Federal Circuit expanded the scope of protection of existing patents. The courts have long held that patent claims cover not only their literal scope of protection but future unforeseeable developments as well, provided the future developments are considered equivalent.View

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    PTAB Ruling Demonstrates Value of Patent Owner Preliminary Responses in Inter Partes Review

    The widespread adoption by patent challengers of Inter Partes Review remains high. The vast majority of petitions to initiate an IPR are granted by the USPTO. However, the tactical use of a Patent Owner Preliminary Response can be very effective, as our firm recently showed.View

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    Patent Office Invalidity Challenges Gather Momentum

    The Federal Circuit has held that the cancellation of patent claims in a Patent Office reexamination acts to extinguish a damages award previously rendered in concurrent district court litigation. This highlights the power of Patent Office proceedings to challenge patent validity, including ex parte reexamination and the recently-enacted Post-Grant Review, Inter Partes Review and Supplemental Examination procedures under the America Invents Act.View

  • Lerner David's Partners Named By Best Lawyers

    We are proud to announce that two of Lerner David's partners have been named Best Lawyers', "Lawyer of the Year" for 2014, as follows:View

  • Eckenthal Speaks at Synopsis under IP/Patents Telecom Sourcing Conference

    Aaron Eckenthal spoke at the Synopsis under IP/Patents Telecom Sourcing Conference on August 26 - 29, 2013 at Mandalay Bay, Las Vegas, Nevada and the topics included the following.View

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    Belief in Invalidity an Important Factor in Finding No Inducement

    The Federal Circuit recently decided in Commil USA, LLC v. Cisco Systems, Inc. that a good faith belief that a patent is invalid may negate the intent required for an induced infringement case (i.e., a case where the plaintiff is accused not of directly infringing, but rather of inducing others to infringe a patent).View

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    Supreme Court Decision Renders Patent Ineligible Isolated DNA

    The predictions of those that attended the oral argument before the Supreme Court for Association for Molecular Pathology et al. v. Myriad Genetics were correct - despite two Federal Circuit decisions to the contrary and the USPTO's years of issuing patents with claims to isolated DNA, the Supreme Court held that such claims are not patentable subject matter.View

  • We Congratulate Dan Bobis on his 95th Birthday and 25th Anniversary With Lerner David!

    The Westfield, New Jersey-based intellectual property law firm of Lerner, David, Littenberg, Krumholz & Mentlik, LLP (“Lerner David”) is pleased to announce that Daniel H. “Dan” Bobis, currently of counsel to the firm, just celebrated his 95th birthday on May 1, 2013. This date also marks Bobis’s twenty-fifth anniversary of bringing his practice to Lerner David.View

  • Lerner David Hits 1,000 Patents

    The intellectual property law firm of Lerner, David, Littenberg, Krumholz & Mentlik, LLP is pleased to announce that the firm has been named one of the top intellectual property (IP) firms in the country by Intellectual Property Today™ magazine. Conducted annually, the survey findings are based on information reported by law firms as to the number of patents issued to clients during the year by the U.S. Patent and Trademark Office. Lerner David, with 1,001 patents issued in 2012, was ranked number 33 out of 272 law firms, ahead of some of the country’s largest and most prominent law firms.View

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    Sony Wins Knock-out Jury Verdict

    Following a three-week jury trial in a San Francisco federal court, Lerner David delivered a complete victory for its client Sony against allegations by Television Interactive Data Corporation ("TVI") that Sony's Blu ray players, DVD players, and PlayStation3 consoles infringed four TVI patents relating to "autoplay" technology.View

  • Mentlik & Roth Speak on Intellectual Property - An Essential 2013 Update for the Non-IP Attorney

    William Mentlik and Stephen Roth gave a presentation on the topic of Intellectual Property - An Essential 2013 Update for the Non-IP Attorney on April 3, 2013 at The New Jersey Law Center, New Brunswick, NJ.View

  • Lerner David Represented at INTA's Annual Meeting

    We are pleased to inform you that Lerner David will be attending the International Trademark Association Annual Meeting in Dallas, Texas from May 4th thru May 8th, 2013.View

  • Stephen Roth Speaks on "Copyright Laws For Artists: The Things You Need To Know"

    ARTsee, in cooperation with The Center for Contemporary Art, hosted “Copyright Stuff for Artists: The Things you Need to Know.” Lerner, David Partner, Stephen Roth spoke on copyright laws. The presentation took place on March 27, 2013, at The Center for Contemporary Art in Bedminster, NJ.View

  • Thomas Palisi Speaks on Due Diligence: Minimizing Risk and Establishing Value

    On March 5, 2013, Lerner David partner, Thomas M. Palisi, spoke on Due Diligence: Minimizing Risk and Establishing Value at the New Jersey Law Journal In-House Counsel CLE Seminar at Brooklake Country Club in Florham Park, New Jersey. For more information on Mr. Palisi's presentation, please contact him at 908.518.6366.View

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    Global Changes To Facilitate Brand and Design Protection Continue

    Mexico joined the United States and Colombia as the first countries in the Americas to adopt the Madrid Protocol, allowing far greater flexibility for trademark protection.View

  • Presentation to the New Jersey Intellectual Property Law Association on 'Limitations on Damages for Non-Practicing Entities Under the Entire Market Value Rule'' on January 24, 2013

    Charles Kennedy gave a presentation on the topic of 'Limitations on Damages for Non practicing Entities under the Entire Market Value Rule' on January 24, 2013 at the Electronics, Telecom and Software Patent Practice Update for the New Jersey Intellectual Property Law Association.View

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    Consider Filing Patent Applications As One Of Your New Year's Resolutions

    You've likely heard that the United States will become a first-to-file patent system on March 16, 2013. Simply put, invention priority will be awarded to the first filed patent application.View

  • Lerner David Signs Agreement with Guangzhou's Knowledge City

    Lerner David signs formal collaboration agreement as international intellectual property counsel for Sino-Singapore Guangzhou Knowledge City. Paul Kochanski, a partner, is shown above (far left) with officials of Knowledge City and the Central Chinese Government during the signing ceremony. For more information on Sino-Singapore Guangzhou Knowledge City, click here. View

  • Littenberg, Mentlik and David hit Best Lawyers Milestone

    Three of Lerner David’s partners have been selected by their peers to be included in the Best Lawyers in America®, 2013 for their outstanding work in the field of intellectual property:View

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    New Virtual Patent Marking Rules Offer Convenience And Flexibility

    New rules on “virtual patent marking” implemented by the America Invents Act have already taken effect: • A product may now be marked with “pat.” or “patent” and reference to a freely-accessible Web address that identifies the patent numbers that cover that product.View

  • Lerner David's Roth Voted 'Lawyer of the Year' by Best Lawyers

    Stephen F. Roth was recently selected by his peers for inclusion in The Best Lawyers in America® 2013 as "Lawyer of the Year" in the field of Litigation-Patent in the Newark metropolitan area.View

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    Recent Federal Circuit Decision Changes Law On Divided Infringement

    On August 31, 2012, the Federal Circuit issued its long awaited decision in Akamai v. Limelight. Although it did not specifically address the law of direct infringement, the Court did overrule its previous decision on induced infringement. No longer is it necessary for a single entity to perform all of the steps of a method claim for another party to be liable for induced infringement. View

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    America Invents Act Changes Go Into Effect September 16, 2012

    Inter Partes Review (IPR), a major part of the new patent law, goes into effect September 16. It provides new and dynamic options for challenging the patents of competitors and others whose patent rights pose threats.View

  • Keith Gilman Gives Speech Before the Michigan State Bar on "What E.U. Opposition Practice Teaches us about Post-Grant Review"

    On July 21, 2012, Partner, Keith Gilman gave speech before the Michigan State Bar at the ICLE's 38th Annual Intellectual Property Law Summer Institute in Acme, Michigan. Topic: “What E.U. Opposition Practice Teaches us about Post-Grant Review”View

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    USPTO Reacts To Prometheus Decision

    In March, the US Supreme Court issued a ruling limiting the scope of patentable subject matter for inventions relating to laws of nature. Since then, the United States Patent and Trademark Office has been evaluating the decision so that patent examiners can follow uniform guidelines. A recent USPTO memo to patent examiners provides a three question analysis for examiners to determine whether a claim is patentable.View

  • Stephen Roth Speaks on Fundamentals of Intellectual Property

    On June, 14, 2012, Stephen Roth spoke on Fundamentals of Intellectual Property at the Law Center in New Brunswick, NJ.View

  • Kevin Kocun Speaks on Due Diligence at NJLJ Seminar

    On June 5, 2012, Kevin Kocun spoke on Due Diligence: Minimizing Risk and Establishing Value at the New Jersey Law Journal in-house counsel CLE seminar at Greenacres Country Club in Lawrenceville, New Jersey.View

  • Gewirtz and Rady Co-Author American Bar Association’s Treatise on ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators

    LDLKM is pleased to announce the contribution and recognition of two of its partners Greg Gewirtz and Arnold Rady as authors and associate editors of the American Bar Association's newly published 840-page treatise: ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators.This may be the first book of its kind, providing invaluable insight into the strategies and legal precedent by some of our country's most experienced attorneys who litigate ANDA cases.View

  • Lerner David Hits Top 40 Patent Law Firm

    Lerner David, New Jersey's largest and most prominent intellectual property law firm, is proud to announce that it was ranked 40 out of 272 of the top patent law firms in Intellectual Property Today's survey of patents issued in 2011. Lerner David's ranking is up from 102 in 2005.View

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    Supreme Court Authorizes Federal Court Challenges To Pharmaceutical "Use Codes"

    In a closely watched case, the Supreme Court has held that generic drug companies may challenge in federal court the “use codes” that brand-name drug manufacturers submit to FDA. Such codes are used to describe the brand company’s patents on methods of using an approved drug.View

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    Recent Supreme Court Case Impacts Patentability Of Diagnostic Testing Claims

    The Supreme Court issued an opinion in the highly anticipated Mayo Collaborative Servs. v. Prometheus Labs., Inc., No. 10-1150, 2012 U.S. LEXIS 2316 (U.S. Mar. 20, 2012), involving method claims for optimizing therapeutic treatments for autoimmune diseases. View

  • Cockings Presents on District Court E-Discovery Issues

    Orville Cockings presented an update on the e-discovery issues that typically come up in district court litigation and ways to deal with or, better yet, avoid them to the John C. Lifland American Inn of Court on February 13,2012.View

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    The America Invents Act Is Coming

    nter Partes Review and Post Grant Review, which are intended to be substitutes for more expensive in-court challenges to patent validity, commence September 16, 2012. Post Grant Review will initially be limited to certain business method patents, but will subsequently apply to all patents filed on or after March 16, 2013. View

  • Mentlik and Kennedy named 'Lawyers of the Year' by Best Lawyers

    Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named two of the firm's partners as "Lawyer of the Year" in New Jersey for 2012:View

  • “Federal Government Is Taking Steps To Protect IP” by Natalie Richer published in New Jersey Law Journal on September 26, 2011

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  • Chambers USA Ranks Lerner David Top New Jersey IP Firm 2011

    Lerner, David is pleased to announce that the firm has been recognized again as the top intellectual property law firm in New Jersey by Chambers USA. In addition, not only did Lerner David take the top position, but six of its attorneys were recognized as leaders in their field of intellectual property: Joseph S. Littenberg, William L. Mentlik, Bruce H. Sales, Charles P. Kennedy, and Stephen F. Roth.View

  • Lerner David and William Mentlik Recognized Internationally by IAM Patent Litigation 250 Publication

    Lerner David has been recognized internationally as a leading patent litigation boutique, and specifically, William Mentlik as a leading patent litigator in the world by IAM Patent Litigation 250 publication, a new guide to the world’s leading patent litigators from Intellectual Asset Management (IAM) magazine.View

  • The District of New Jerseys Local Patent Rules: A Year in Review, and Where We Go From Here

    This panel discussion, hosted by the Gibbons Institute, featured the Honorable Garrett E. Brown, Jr., Chief Judge, U.S. District Court for the District of New Jersey and the Honorable Tonianne J. Bongiovanni, Federal Magistrate Judge, U.S. District Court for the District of New Jersey. View

  • Intellectual Property in China: What you don't know can cripple your business.

    If your company has patents, trademarks, customers, vendors, consultants or manufacturing/research facilities in China, your intellectual property may be at risk. To protect our clients, Lerner David has opened an office in China and assembled a network of trusted Chinese attorneys.View

  • “Lending A Hand To IP Development in China” interview of Bruce Sales by Editor of The Metropolitan Corporate Counsel published on June 2010

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  • Lerner David Opens in Guangzhou, China

    Lerner, David, Littenberg, Krumholz & Mentlik, LLP, one of the world's preeminent intellectual property law firms, announces its new office in Guangzhou, China. Through its U.S. and Chinese offices, Lerner David will continue to offer clients pragmatic and business-oriented legal advice in all areas of intellectual property, including litigation, due diligence, licensing, procurement, and strategic planning.View

  • Keith Gilman appears on The Marcum Report

    Keith Gilman has recently appeared on The Marcum Report, a cable access television show dedicated to exploring issues professionals face in today's complex business and legal world. Mr. Gilman discussed contemporary intellectual property issues with Keith Balla, host of The Marcum Report.View

  • Kennedy and Gilman Co-Author IP Chapter in Newly Published New Jersey Federal Civil Procedure

    Charles Kennedy and Keith Gilman co-author chapter on “Special Considerations in Cases Involving Intellectual Property,” which appears in the 2009 edition of New Jersey Federal Civil Procedure, published by New Jersey Law Journal. View

  • Lerner David Builds National Reputation on NJ Base

    Larry Lerner, Sid David and Joe Littenberg set two goals when they came together to form a law firm in 1969. They wanted to create a comprehensive intellectual property law firm in New Jersey so they could be close to their homes and families. And they did not want to sacrifice the quality or sophistication typically associated with big-city firms.View

  • LDLK&M Ranked as the Only 'Top Band' IP Law Firm in New Jersey

    Lerner, David, Littenberg, Krumholz & Mentlik, LLP ranked by Chambers USA as the only “Top Band” intellectual property law firm in New Jersey and “undoubtedly the preeminent IP firm in the state.” In addition, not only did LDLK&M take the top position, but two of its partners, Joseph S. Littenberg and William L. Mentlik, were the only attorneys in New Jersey ranked individually in the top band. Chambers USA, a London-based guide to the leading firms and lawyers in the world, rankings are based on feedback received from clients and peers who rated the firm's legal abilities and client service. Chambers USA article provides a unique background of the firm, including quotations from clients regarding the high quality of legal services the firm provides.View

  • William L. Mentlik Appointed to the Lawyers Advisory Committee of the U.S. District Court, District of New Jersey

    William L. Mentlik was appointed on May 30, 2008, by Chief Judge Garrett E. Brown, Jr. to the Lawyers Advisory Committee of the U.S. District Court, District of New Jersey. Mr. Mentlik was nominated for appointment by the current Chair of the Committee, Thomas Curtin. He was nominated for the position, and appointed by the Chief Judge, due in large measure to his experience, background and expertise as a practicing intellectual property attorney.View

  • Lerner David Attorney Dan Bobis Marks Two Milestones: 90th Birthday and 20th Year With the Firm

    The Westfield, New Jersey-based intellectual property law firm of Lerner, David, Littenberg, Krumholz & Mentlik, LLP (“Lerner David”) is pleased to announce that Daniel H. “Dan” Bobis, currently of counsel to the firm, will celebrate his 90th birthday on May 1, 2008. This date also marks Bobis’s twentieth anniversary of bringing his practice to Lerner David.View

  • “I've come up with a solid invention. Now what?” published in New Jersey Monthly on April 2008

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  • Keith Urban Domain Dispute

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  • “Are Business Method Inventions Being Given the Business?” by Jonathan A. David published in New Jersey Law Journal on July 18, 2005

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  • “Patent Reexamination Reexamined: Recent Statutory Changes May Alter the Landscape” by Marcus J. Millet published in New Jersey Lawyer Magazine on October 2003

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  • “Surviving, or Failing, in a Hypothetical World” by Charles Kennedy published in New Jersey Law Journal on July 21, 2003

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  • New Jersey Trialblazers Spotlights Keith Gilman

    In New Jersey Law Journal’s August Supplement of 2020 New Jersey Trailblazers, Keith E. Gilman, Managing Partner, is one of the honorees as a “true agent of change”. It spotlights professionals who have made significant marks on the practice, policy and technological advancement of their practice. They “wanted to highlight those that are sincerely innovators and thought leaders.”View

  • Human Resources Director, Doreen Marino, Chair of the Diversity and Inclusion Committee of the NJALA

    For over a decade, our Human Resources Director, Doreen Marino, has been a member of the New Jersey Association of Legal Administrators (NJALA). View

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