Intellectual Property

Porzio Congratulates Scott Chambers and Richard Oparil for their Inclusion in 2017 Washington DC Super Lawyers Rankings

4/24/2017| News

Porzio is pleased to announce that principals Scott A.M. Chambers, PhD and Richard J. Oparil have been recognized by Washington DC Super Lawyers 2017. Both attorneys are members of the firm's Intellectual Property Department. 

Dr. Scott Chambers concentrates his practice in all areas of patent law, including licensing, patent infringement and validity issues, patent prosecution, patent term extensions under Hatch Waxman and client counseling. He is a skilled litigator who represents clients in federal courts and before government agencies, including the U.S. Patent and Trademark Office (USPTO), the Federal Trade Commission and the International Trade Commission.

Richard Oparil has 30 years of experience representing clients before federal courts, agencies and Congress. He has represented companies across numerous industries in patent, trademark, unfair competition, trade secrets, trade regulation and other complex litigation at the trial and appellate levels and before the International Trade Commission. He has extensive experience in technology licensing, counseling and due diligence matters. 

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Porzio's Washington DC Intellectual Property Practice is Featured in The National Law Journal

4/14/2017| News

Porzio, Bromberg & Newman, P.C. (Porzio) was featured in The National Law Journal article, "Porzio Rises in DC, Firms Get New In-Town Leaders, Trump Settlements Pile Up," by Katelyn Polantz, on April 14, 2017. 

The article focuses on Porzio's Washington, DC Intellectual Property Team, and their impressive growth since joining Porzio in 2014. Porzio's seven-lawyer DC group increased revenue by 35% in 2016, to an average revenue per lawyer of $882,000. The author points out that despite the DC office's size, these figures rival Big Law standards. 

Porzio's DC office is led by principals Kevin M. Bell and Richard J. Oparil. “If you asked us why we came here, we wanted the ability to be somewhat autonomous. Our search was really for a brand after that,” stated Bell. He cites billing flexibility and compatibility with the firm's other practice areas and subsidiaries as the reasons they chose to join Porzio. 

The National Law Journal is a subscription site. Subscribers may read the full article here.

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

7/25/2016| News

Porzio principal Kevin M. Bell was quoted by NutraIngredients-USA in the article "Jim Stoppani Files Countersuit Against 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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