2023 Mid-Year Case Law Review
- Registration Closed
This webinar will cover recent developments in case law over the past six months. The first half of 2023 saw no less than four IP decisions from the Supreme Court. In Amgen v. Sanofi, the Supreme Court addressed the enablement requirement for patent claims directed to antibodies, an increasingly important class of medical treatment. The trademark discussion will focus on the two Supreme Court decisions issued this term concerning trademark law: Abitron Austria GmbH v. Hetronic International and VIP Prod. LLC v. Jack Daniel's Properties, Inc. Abitron considered the territorial limits of the Lanham Act, with potential implications for brand owners’ foreign policing efforts. The Jack Daniel’s decision examined the interplay of the First Amendment and Lanham Act protections where the junior user claims parody and humorous expression. And in the realm of copyrights, the Supreme Court addressed a fair use dispute between the Andy Warhol Foundation and a well-known rock-and-roll photographer, Lynn Goldsmith. The panel will also cover notable decisions issued by the lower tribunals in the first half of the year.
Paul Berghoff
Founder
McDonnell Boehnen Hulbert & Berghoff LLP
Paul Berghoff, founder of McDonnell Boehnen Hulbert Berghoff LLP, has three decades of experience as lead trial counsel in complex patent litigation – both jury and bench trials and PTAB proceedings – concentrating in litigation involving pharmaceuticals, medical devices, biotechnology, electronics, and software. He has successfully tried scores of patent cases and has successfully argued dozens of times before he US Court of Appeals for the Federal Circuit. He services as Chair of the firm’s Litigation & Appeals Practice Group. He is Vice-Chair of IPO’s Amicus Brief Committee.
Gregory Castanias
Partner
Jones Day
Greg Castanias is a partner at Jones Day in Washington, DC. He is head of the firm’s Federal Circuit team and has almost 30 years’ experience as a leading appellate and intellectual property litigator. His experience includes five US Supreme Court arguments, 70+ Federal Circuit arguments, and countless others in federal and state courts across the nation, from Alaska to Connecticut. His intellectual property experience includes such diverse technologies as genetics, diagnostics, pharmaceuticals, chemistry, electronics, and mechanical fields, as well as copyright, trademark, and trade secret disputes. He is Vice-Chair of IPO’s Amicus Brief Committee.
Wendy Larson
Member
Pirkey Barber
Wendy Larson practices trademark law with a focus on litigation. She focuses specifically on issues relating to the internet, including cybersquatting and brand protection challenges involving social media platforms and smartphone applications, keyword advertising, service provider liability, and personal jurisdiction relating to foreign online actors. She practices in federal court, before the Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB), and with dispute resolution service providers such as the Forum and the World Intellectual Property Organization (WIPO) handling domain name disputes under ICANN’s domain name dispute resolution policies. Wendy also assists clients in a variety of prosecution and other litigation matters. Wendy is a member of IPO’s Amicus Brief Committee.
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