Publications
January 31, 2020 – ArticleFifth Circuit Holds that Mitigation is Not an Absolute Defense to Statutory Damages for Copyright Infringement and DMCA ViolationsIn Energy Intelligence Grp., Inc. v. Kayne Anderson Capital Advisors, L.P., 2020 U.S. App. LEXIS 1347, __ F.3d __ (5th Cir. Jan. 15, 2020), on an issue of first impression, the Fifth Circuit held that a mitigation defense is not an absolute defense to statutory damages for copyright infringement or DMCA violations. More
January 30, 2020 – ArticleNinth Circuit Affirms $3.9 Million Attorney's Fees Award in Ultraman Copyright DisputeThe Ninth Circuit recently affirmed a $3,938,227.22 attorney's fees award in the contract and copyright dispute between UM Corporation ("UMC") and Tsuburaya Products Co. ("TPC") and other companies relating to the alleged wrongful creation of derivative works of the superhero Ultraman film series. UM Corp. v. Tsuburaya Prods. Co., 2019 U.S. App. LEXIS 36134, Case Nos. 18-55604, 18-56133 (9 Cir. Dec. 5, 2019). More
September 13, 2019 – ArticleI burn, burn like a wicker chair; chalk white and oh-so frail...The title above refers to a lyric from a 1998 song by Eve 6, although they used the word "cabinet" instead of "chair." While this simple substitution of a word on my part is designed to evoke an image, the choice of words and the image evoked* can mean so much more in the world of design patents. More
December 12, 2018 – ArticleA Voluntary Dismissal without Prejudice does not Yield a Prevailing Party for Purposes of Fee Shifting under the Defend Trade Secrets ActIn its first case construing the Defend Trade Secrets Act, the U.S. Court of Appeals for the Fifth Circuit held that defendants were properly denied attorneys' fees after the district court granted the plaintiff's Rule 41(a)(2) motion to dismiss the case without prejudice because the defendants were not "prevailing parties" under the Act, 18 U.S.C.S. § 1836 (b) (3) (D). More
December 10, 2018 – ArticleNinth Circuit Confirms: Apparently Honey Badger Does Care . . . About Trademarks
November 5, 2018 – ArticleSecond Circuit Affirms Holding that Universal Church is Generic
August 15, 2018 – ArticleTTAB Affirms Section 2(d) Refusal of LEGION OF GOOD WILL in Light of Prior GOODWILL Marks
August 15, 2018 – ArticleAll Positivity Notwithstanding, Applicant Peace Love World Live Denied Registration of I LOVE YOU
December 18, 2017 – ArticleFederal Circuit Holds Section 2(a)'s Prohibition against Registration of Immoral or Scandalous Marks Unconstitutional
April 5, 2017 – ArticleModern Counsel: April/May/June 2017 EditionModern Counsel
June 27, 2016 – ArticleBrexit's Impact on European Trade Marks and Registered Community Designs.
June 16, 2016 – ArticleKirtsaeng Clarifies Standard for Award of Attorney's Fees in Copyright Cases
April 2, 2016 – ArticleDroit américain des brevets : son fondement constitutionnel est-il d'inspiration française ?Revue Francophone de la Propriété Intellectuelle
September 8, 2015 – ArticlePro-Football Inc. Denied Opportunity to Participate
July 28, 2015 – ArticleDesign Patent Litigations Chart Their Own Course
July 9, 2015 – ArticlePatent Marking and Design Patents
April 22, 2014 – ArticleMRC Innovations v. Hunter - A Decision with Bite for Design Patent Owners?
January 31, 2012 – ArticleNestlé continues Trend of Recent Consumer Products Design Patent Complaints
August 2011 – ArticleComparing And Contrasting Standing In The BPAI And The TTAB18 Intellectual Property Today No. 8 at page 25
October 21, 2010 – ArticleIn re Certain Wind and Solar-Powered Light Posts and Street Lamps - ITC
October 21, 2010 – ArticleJohanna Foods, Inc. v. Coca-Cola - D.N.J.
May/Jun 2010 – ArticleDesign Patent DamagesLandslide®, Volume 2, Number 5, May/June 2010. © 2010 by the American Bar Association.
March 3, 2010 – ArticleFactoring Out of Functional Elements Proper in Design Patent Infringement Analysis
February 26, 2010 – ArticleFederal Circuit Urges Caution in Construing Design Patents
Feb 2010 – ArticleOn the importance of not stating to the USPTO the opposite of what was stated to the EPOLe blog du droit européen des brevets, February 8, 2010
Apr 03, 2009 – PresentationsThe Sleeping Giant is Awake: The Impact of the Supreme Court's Patent Decisions on your Overall IP StrategiesPresented at the ABA's 24th Annual Intellectual Property Law Conference,
Jan 2008 – ArticleA Critique of Recent Opinions in Patent Interferences90 JPTOS 9
Aug 2003 – ArticleU.S. Design Patents: An Underdog That Bites (Japanese publication)International Legal Strategy (ILS), Vol. 12-8
Nov 2002 – ArticleU.S. Design Patents: An Underdog That BitesManaging Intellectual Property (MIP), Issue 124, page 19.
2002 – ArticleCopyright Restoration Under § 104A: Rethinking Copyright Law's First Amendment Immunity18 Conn. J. Int'l L. 431
Dec 2000 – ArticleWhy 35 USC 146 Practice Should BoomIntellectual Property Today, Vol. 7, No. 12, December 2000, page 48
Oct 1998 – ArticleWhy Are 35 USC 146 Actions Becoming So Popular?Intellectual Property Today, Vol. 5, September 1998, pages 6-10
1987 – ArticleSOFTWARE PROTECTION-INTEGRATING PATENT, COPYRIGHT AND TRADE SECRET LAWJournal of the Patent and Trademark Office Society, March 1987, Volume 69, No. 3, pages 152-165.
