Intellectual Property

Principal Todd Denys Recognized by WTR 1000 - The World's Leading Trademark Professionals, 2017

1/17/2017| News

Porzio intellectual property attorney and principal Todd A. Denys has once again been recognized by the WTR 1000 - The World's Leading Trademark Professionals.  Mr. Denys has been honored with this distinction annually since 2012.

Mr. Denys counsels clients in trademark, copyright and domain name matters. The guide further notes that "Todd Denys has no shortage of Fortune 500 entities on his client roster and is a regular before the Trademark Trial and Appeal Board; domain name management is another strong suit." 

Porzio's Intellectual Property practice as a whole is also acknowledged by WTR 1000. According to the guide: "The trademark practice at full-service Porzio Bromberg & Newman dovetails neatly with the firm’s solid life sciences team to form a particularly powerful draw for pharmaceutical clients. Unsurprisingly given this skill set, name clearance searches under the Food and Drug Administration rules are a real forte. Two offices in the state are complemented by bases in New York, Washington DC and Massachusetts, making it a persuasive contender on the East Coast."

The WTR 1000 is the only definitive guide exclusively dedicated to identifying the world’s leading trademark legal services providers. Through an extensive research process conducted by a team of highly qualified, full-time analysts, the publication identifies the leading trademark law firms and individuals in over 50 global jurisdictions. For additional information about the WTR 1000 or its research methodology, please click here.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Principal Kevin Bell Quoted Regarding Kemin and OmniActive Intellectual Property Battle

11/28/2016| News

Porzio principal Kevin M. Bell was quoted by NutraIngredients-USA in the article "Kemin and OmniActive battle over blue light IP for lutein," by Stephen Daniells, on November 28, 2016.

To read the full article, please click here.

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Dietary Supplement Legal Update

10/5/2016| Article

Since passage of the Dietary Supplement Health and Education Act of 1994 (DSHEA), the dietary supplement industry has grown to more than $35 billion in annual sales. This robust growth of the industry reflects not only increased interest among consumers in these products, but also significant advancements in nutrition and wellness science and new legal and regulatory challenges to appropriately monitor this marketplace. There have been several recent developments on the legal and regulatory issues challenging the dietary supplement industry, both on the federal and state level.

 

Porzio Dietary Supplement Cover Page (1)

Dietary Supplement Legal Update - August 2016

8/12/2016| Article

Editors: Kevin M. Bell and Richard J. Oparil

A variety of legal and regulatory challenges exist in the dietary supplement industry, including federal and state legislatures, agencies and courts. Some of the more significant developments are summarized in the current issue, including:

  • FDA Issues NDI Draft Guidance
  • GMO Labeling Bill Signed into Law
  • Puerto Rico Secretary of Health Issues Administrative Order on Dietary Supplements
  • FDA Issues Medical Food Guidance
  • FDA Deeming Regulations Made Final
  • Chobani Yogurt Labeling Appeal Stayed
  • Senator McCaskill Makes Inquiry After Study Shows Dietary Supplements Can Make Chemotherapy Less Effective
  • Update on CBD
  • Summary of California Supreme Court Proposition 65 Case, Environmental Law Foundation v. Beech-Nut Nutrition Corp.

To read the full issue, please click here.

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Principal Kevin Bell Quoted on Jim Stoppani Countersuit Against Bodybuilding.com

7/25/2016| News

Porzio principal Kevin M. Bell was quoted by NutraIngredients-USA in the article "Jim Stoppani Files Countersuit Against Bodybuilding.com over JYM Mark," by Stephen Daniells, on July 25, 2016. 

To read the full article, please click here.

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Porzio Promotes Two Attorneys to Principal and Two to Counsel

7/1/2016| News

Porzio, Bromberg & Newman P.C. (Porzio) is pleased to announce the promotions of John McKeague, Ph.D. and Brian P. Sharkey to principal, and of B. Dell Chism and Kelly D. Curtin to counsel. The promotions are effective July 1, 2016.                                                                                                                                                                                         

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Supreme Court Eases Test For Awarding Enhanced Damages For Willful Patent Infringement

6/14/2016| Article

DC Client Alert

By Kevin M. BellScott A.M. Chambers, Ph.D. and Richard J. Oparil

In a June 13, 2016 decision, Halo Electronics, Inc. v. Pulse Electronics Inc., the Supreme Court unanimously reversed the Federal Circuit and its test for enhancing damages against defendants who were found to have willfully infringed a patent.  The Court lowered not only the requirement for justification for enhancing damages, but also the standard of proof necessary to show the factual predicates.  The case reaffirms the value of timely seeking a non-infringement or invalidity opinion of competent patent counsel. 

Halo goes a long way to increasing the importance of discussing concerns regarding freedom to operate with competent counsel and seeking a written or oral opinion of non-infringement or invalidity from them. In his concurring opinion, Justice Breyer noted that "consulting counsel may help draw the line between infringing and non-infringing uses."

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Washington Redskins Ask Supreme Court to Reconsider "Disparaging" Trademark Rule

4/27/2016| Article

DC Client Alert

by Scott A.M. Chambers, Ph.D., Richard J. Oparil and Matthew J. Laskoski

The owners of the Washington Redskins have petitioned the Supreme Court to reinstate the canceled "Washington Redskins" trademark registration. If the Supreme Court takes up the case, it will bypass a pending appeal by the team in front of the U.S. Court of Appeals for the Fourth Circuit.

The Washington Redskins' petition comes shortly after the U.S. Patent and Trademark Office (USPTO) filed a writ of certiorari to the Supreme Court in a related case involving a trademark for the band name "The Slants." The USPTO had ruled that "The Slants" trademark could not be registered under the its disparaging trademark rule. In December 2015, however, the Federal Circuit disagreed with the USPTO and ruled that the disparaging trademark rule violated the First Amendment.

The Washington Redskins had their U.S. federal trademark registration canceled by the USPTO under the disparaging trademark rule in 2014. The team appealed and the case is now pending before the Fourth Circuit.

The Washington Redskins believe that The Slants decision from the Federal Circuit in December is correct. The Washington Redskins hope that the Supreme Court will deny certiorari in The Slants case, so that the Federal Circuit ruling stands.

The team filed its current, unusual petition to the Supreme Court in the hopes that if the Supreme Court does consider The Slants case, it will also consider the same issue for the Washington Redskins and allow the team a say in the decision. The team believes their case is an ideal companion to The Slants case.

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Porzio Congratulates Principal Dr. Scott Chambers, Recognized by Washington, DC Super Lawyers 2016

4/21/2016| News

Porzio proudly congratulates principal Scott A. M. Chambers, Ph.D., who has been selected for inclusion in the Washington, DC Super Lawyers 2016 list.

Dr. Chambers concentrates his practice in all areas of patent law, including licensing, patent infringement and validity issues, patent prosecution, patent term extensions and client counseling. He is a skilled litigator and well-published author, widely recognized as an authority in the field of patent law.

Super Lawyers recognizes the top lawyers in each state, following a thorough process of peer nomination, peer evaluation and independent research. Each year, no more than 5% of attorneys in each state are named to the Super Lawyers list.

For additional information about Super Lawyers and its selection process, please click here.

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CRISPR Interference at the USPTO

4/21/2016| Article

DC Client Alert

by John McKeague, Ph.D.

The CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats) Technology was first identified in bacteria and is an RNA based system to help protect bacteria against viral infections. It has broad applications and is poised to be a valuable tool in genome engineering.

Earlier this year, the United States Patent and Trademark Office (USPTO) declared an interference between a patent application owned by University of California Berkeley, University of Vienna and Emmanuelle Charpentier (collectively, University of California), and patents owned by Massachusetts Institute of Technology and The Broad Institute, Inc. and patents owned by Massachusetts Institute of Technology, The Broad Institute, Inc. and the President and Fellows of Harvard College (collectively, Broad Institute). In doing so, the USPTO declared that the University of California is the Senior Party and the Broad Institute is the Junior Party, and proposed one count in the interference. 

The interference is in the motions phase, and each party has already requested permission to file various motions. The USPTO has authorized some motions and deferred authorization on others.

To read the full article, please click here

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