Intellectual Property

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Some Protection from Patent Infringement Suits Is Available to Those Who Make and Provide Personal Protective Equipment and Ventilators in Response to the COVID-19 Crisis

Many companies have retooled (or are considering retooling) their businesses to meet the rising demand for personal protective equipment (“PPE”), ventilators, and other products or services to address the COVID-19 pandemic.  Moreover, on April 2, 2020, the President ordered the Department of Health and Human Services to use its authority under the Defense Production Act (“DPA”) of 1950, as amended, 50 U.S.C. §§ 4501 et seq., to facilitate the supply of materials for the production of ventilators by several companies operating in the United States.

Client Alert | April 8, 2020

Gibson Dunn Wins Two Awards in Managing IP Americas Awards 2020

Managing IP recognized Gibson Dunn at its Americas Awards 2020 with two awards. The firm was selected as the United States Patent Contentious Firm of the Year.

Firm News | March 26, 2020

Jason Lo Named 2020 Top Intellectual Property Lawyer

The Daily Journal named Los Angeles partner Jason Lo among its 2020 Top Intellectual Property Lawyers. His profile was published on March 18, 2020. Jason Lo practices intellectual property law, with a focus on patent and trade secrets litigation.

Firm News | March 18, 2020

Gibson Dunn Earns 155 Rankings from Chambers Global 2020

In the 2020 edition of Chambers Global, Gibson Dunn earned 155 total rankings – 56 firm practice group rankings and 99 individual rankings. The firm and its lawyers were recognized globally and in the Asia-Pacific, Europe, Latin America and Middle East regions, with additional recognitions in Belgium, China, France, Germany, India, Indonesia, the Philippines, Singapore, the United Arab Emirates, the United Kingdom and the United States.

Firm News | March 5, 2020

Gibson Dunn and Howard Hogan Named to World Trademark Review 1000 2020 edition for Enforcement and Litigation

Gibson Dunn and partner Howard Hogan were both named to the World Trademark Review 1000: The World’s Leading Trademark Professionals 2020 edition for Enforcement and Litigation in the Washington, D.C. metro area.

Firm News | February 13, 2020

European Court of Justice Adopts Strict Standard for Reverse Payment Settlements

In its judgment of 30 January, 2020, the European Court of Justice adopted a very strict standard for the assessment of settlement agreements entered into between originator and generic pharmaceutical suppliers. The ruling threatens to limit the ability of the settling parties to defend such settlements by relying on the strength of the underlying patents and illustrates a very sceptical attitude towards reverse-payment settlements.

Client Alert | January 31, 2020

2019 Year-End German Law Update

Gibson Dunn lawyers in Frankfurt and Munich provide a recap of developments in German law across numerous areas during 2019.

Client Alert | January 10, 2020

Two Gibson Dunn Cases Named Among the Top 10 Copyright Rulings of 2019

Two Gibson Dunn wins – for Jerry Seinfeld in Charles v. Seinfeld et al. and for Rimini Street in Rimini Street Inc. et al. v. Oracle USA Inc. – were named among Law360’s “Top 10 Copyright Rulings of 2019.” Gibson Dunn’s win for HPE in Oracle America Inc.

Firm News | December 23, 2019

2018/2019 Federal Circuit Year in Review

Gibson Dunn’s seventh “Federal Circuit Year In Review,” provides a statistical overview and substantive summaries of the 115 precedential patent opinions issued by the Federal Circuit over the 2018-2019 year.

Client Alert | December 19, 2019

California Legislation Increases Antitrust Scrutiny of Patent Settlements between Branded and Generic Pharmaceutical Manufacturers

On October 7, 2019, California enacted Assembly Bill 824 (AB 824)[1] in an effort to increase antitrust scrutiny of patent settlement agreements between branded and generic pharmaceutical manufacturers.

Client Alert | December 11, 2019

Supreme Court Holds That The PTO’s Recovery Of “Expenses” Under The Patent Act Does Not Include Attorney’s Fees

On December 11, 2019, the U.S. Supreme Court unanimously held that a provision in the Patent Act requiring the Patent and Trademark Office to recover all “expenses” from a patent applicant who challenges the denial of a patent application does not permit the recovery of attorney’s fees.

Client Alert | December 11, 2019

Appointment of Administrative Patent Judges Held Unconstitutional

On October 31, 2019, the United States Court of Appeals for the Federal Circuit held that the statutory scheme of appointing Patent Trial and Appeal Board (PTAB) Administrative Patent Judges (APJs) violates the Appointments Clause of the United States Constitution.

Client Alert | November 5, 2019

Federal Circuit Update (November 2019)

This edition of Gibson Dunn’s Federal Circuit Update first summarizes the Federal Circuit’s far-reaching decision in Arthrex, Inc. v. Smith & Nephew, Inc., and reviews pending petitions for certiorari to the Supreme Court in cases appealed from the Federal Circuit, as well as recent filings for en banc review.

Client Alert | November 4, 2019

USPTO Requests Public Comments on Patenting Artificial Intelligence Inventions

Following up on the release of eligibility guidelines for AI-related inventions earlier this year, the United States Patent and Trademark Office published on August 27, 2019, a request for public comments on a series of patent-related issues regarding AI inventions.

Client Alert | August 28, 2019

12 Gibson Dunn Partners Named Lawyers of the Year

Best Lawyers® named 12 Gibson Dunn partners as the 2020 Lawyer of the Year in their respective practice areas and cities: Rachel Brass – San Francisco – Litigation – Antitrust Lawyer of the Year, Miguel Estrada – Washington, D.C. – Litigation – Intellectual Property Lawyer of the Year, Sean Feller – Los Angeles Employee Benefits (ERISA) Law Lawyer of the Year, Douglas Fuchs – Los Angeles Litigation – Regulatory Enforcement (SEC, Telecom, Energy) Lawyer of the Year, Ronald Mueller – Washington, D.C. Corporate Governance Law Lawyer of the Year, Douglas Rayburn – Dallas Securities Regulation Lawyer of the Year, Brian Robison – Dallas Antitrust Law Lawyer of the Year, Eugene Scalia – Washington, D.C. Employment Law – Management Lawyer of the Year, Jesse Shapiro –

Firm News | August 19, 2019

Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020

The Best Lawyers in America® 2020 has recognized 158 Gibson Dunn attorneys in 54 practice areas. Additionally, 48 lawyers were recognized in Best Lawyers International in Belgium, Brazil, France, Germany, Singapore, United Arab Emirates and United Kingdom.

Firm News | August 15, 2019

Federal Circuit Update (August 2019)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the Supreme Court’s summer 2019 decisions in cases appealed from the Federal Circuit as well as key filings for certiorari or en banc review. Recent Federal Circuit news, decisions and practice changes are also noted.

Client Alert | August 13, 2019

Best Lawyers in France 2020 Recognizes 16 Gibson Dunn Attorneys

Best Lawyers in France 2020 has recognized 16 Gibson Dunn attorneys as leading lawyers in their respective practice areas: Ahmed Baladi – Information Technology Law, Intellectual Property Law, Privacy and Data Security Law and Telecommunications Law; Nicolas Baverez – Administrative Law, Public Law and Regulatory Practice; Maïwenn Béas – Public Law; Amanda Bevan-de Bernède – Banking and Finance Law and Investment; Eric Bouffard – International Arbitration; Bertrand Delaunay – Mergers and Acquisitions Law and Private Equity Law; Jérôme Delaurière – Tax Law; Jean-Pierre Farges – Arbitration and Mediation, Banking and Finance Law, Insolvency and Reorganization Law and Litigation; Pierre-Emmanuel Fender - Insolvency and Reorganization Law; Benoît Fleury – Corporate Law

Firm News | July 1, 2019

Supreme Court Holds That A Federal Ban on “Immoral or Scandalous” Trademarks Violates the First Amendment

On June 24, 2019, the Supreme Court held 6-3 that the Lanham Act’s prohibition on the registration of “Immoral or Scandalous” trademarks infringes the First Amendment.

Client Alert | June 24, 2019

Supreme Court Rules That Trademark Licensee Retains License Rights Following Rejection in Bankruptcy

On May 20, 2019, the Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC, that a chapter 11 debtor-licensor’s rejection of a trademark license agreement under section 365(a) of the Bankruptcy Code does not terminate the license granted in the agreement.

Client Alert | May 24, 2019

Gibson Dunn Recognized in 2019 Managing IP Handbook

The 2019 edition of Managing IP Handbook recognized Gibson Dunn among the top International Trade Commission (ITC) Litigation and Patent Contentious firms in the United States, and additionally recognized the firm’s California and New York practices for their Patent Contentious work.

Firm News | May 21, 2019

Federal Circuit Update (May 2019)

This edition of Gibson Dunn’s Federal Circuit Update summarizes key filings for certiorari or en banc review, as well as additional new Federal Circuit processes to address scheduling conflicts, for the period February through April 2019.

Client Alert | May 13, 2019

Wayne Barsky Named a Top Intellectual Property Lawyer of 2019

The Daily Journal named Century City partner Wayne Barsky to its list of the Top Intellectual Property Lawyers of 2019. Barsky was recognized for “patent litigation in the life science, pharmaceutical and medical device industries, representing high-profile clients in federal courts and before the U.S.

Firm News | April 17, 2019

Supreme Court Holds That Copyright Owners May Not Sue For Infringement Until Copyright Office Processes Registration

On March 4, 2019, the U.S. Supreme Court held 9-0 that the Copyright Act requires copyright owners to wait until the Copyright Office has approved or denied an application for registration before bringing an infringement action.

Client Alert | March 4, 2019

Supreme Court Holds Recovery Of “Full Costs” Under Copyright Act Is Limited To Those Costs Enumerated In The General Costs Statute

On March 4, 2019, the U.S. Supreme Court unanimously held that a provision in the Copyright Act authorizing a prevailing party to recover “full costs” entitles that party to recover only those categories of costs enumerated in 28 U.S.C. §§ 1821 and 1920, and not all litigation expenses.

Client Alert | March 4, 2019

Media, Entertainment and Technology Group Outlook and Review – 2019

With an active end to 2018 and a quick start to 2019, we have had no shortage of material to report on for our semi-annual Media, Entertainment & Technology Practice Group Update.

Client Alert | February 21, 2019

WTR1000 Recognizes Gibson Dunn’s Trademark Work

The 2019 edition of the World Trademark Review 1000 recognized Gibson Dunn’s work in the area of trademarks, noting that the firm “utilises its resources across the country to encourage IP knowledge flow.” Washington, D.C. partner Howard Hogan is also recognized as “a force to be reckoned with, combining top-flight skills with innovative thinking.” The WTR1000 was published in February 2019.

Firm News | February 7, 2019

Federal Circuit Update (January 2019)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the Supreme Court’s on-sale bar decision as well as key filings for certiorari or en banc review. The Update lists the Federal Circuit’s new guidelines to address scheduling conflicts.  We also summarize recent Federal Circuit decisions confirming the scope of required IPR review, deciding the impact of term changes on obvious-type double patenting, and reflecting differences in how infringement letters can give rise to personal jurisdiction for declaratory judgment claims.

Client Alert | January 31, 2019

Peter Alexiadis Recognized in Who’s Who Legal Data

Who’s Who Legal has named Peter Alexiadis to its 2019 list of leading data lawyers. The list recognizes practitioners in the fields of IT, privacy and protection, security, and telecoms and media issues and was published in January 2019.

Firm News | January 28, 2019

Artificial Intelligence and Autonomous Systems Legal Update (4Q18)

Gibson Dunn provides an update on legal developments in the areas of artificial intelligence, machine learning and autonomous systems during the fourth quarter of 2018.

Publications | January 22, 2019

Supreme Court Holds That Confidential Licensing Agreements Can Trigger The America Invents Act’s “On-Sale” Bar

On January 22, 2019, the U.S. Supreme Court held that confidential licensing agreements can trigger the Leahy-Smith America Invents Act’s “on-sale” bar, which prohibits awarding patents to claimed inventions that have already been “in public use, on sale, or otherwise available to the public.”

Client Alert | January 22, 2019

2018 Trade Secrets Litigation Roundup

2018 marked an exciting year of trade secret developments and demonstrated the federal government’s increased involvement in protecting trade secrets, a trend expected to continue in 2019.

Client Alert | January 16, 2019

2018 Year-End German Law Update

Looking back at the past year's cacophony of voices in a world trying to negotiate a new balance of powers, it appeared that Germany was disturbingly silent, on both the global and European stage.

Client Alert | January 11, 2019

The Impact of the New USPTO Eligibility Guidelines on Artificial Intelligence-related Inventions

On January 4, 2019, the USPTO announced updated guidance to help clarify the process that examiners should undertake when evaluating whether a pending claim is directed to an abstract idea under the Supreme Court's two-step Alice test and thus not eligible for patent protection under 35 U.S.C. § 101.

Publications | January 11, 2019

Federal Circuit Update (December 2018)

This edition of Gibson Dunn's Federal Circuit Update notes the cases at the Supreme Court on certiorari from the Federal Circuit and summarizes new revisions to the Federal Circuit Rules of Practice.  The Update also summarizes recent key Federal Circuit decisions.

Client Alert | December 3, 2018

2017/2018 Federal Circuit Year in Review

Gibson Dunn's sixth "Federal Circuit Year In Review," provides a statistical overview and substantive summaries of the 140 precedential patent opinions issued by the Federal Circuit over the 2017-2018 year.

Client Alert | November 26, 2018

U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings

U.S. News – Best Lawyers® awarded Gibson Dunn Tier 1 rankings in 132 practice area categories in its 2019 “Best Law Firms” [PDF] survey. Overall, the firm earned 169 rankings in nine metropolitan areas and nationally.

Firm News | November 1, 2018

SEC Warns Public Companies on Cyber-Fraud Controls

On October 16, 2018, the Securities and Exchange Commission issued a report warning public companies about the importance of internal controls to prevent cyber fraud.  The report described the SEC Division of Enforcement's investigation of multiple public companies which had collectively lost nearly $100 million in a range of cyber-scams typically involving phony emails requesting payments to vendors or corporate executives.

Client Alert | October 17, 2018

Artificial Intelligence and Autonomous Systems Legal Update (3Q18)

We are pleased to provide the following update on recent legal developments in the areas of artificial intelligence, machine learning, and autonomous systems (or "AI" for short), and their implications for companies developing or using products based on these technologies. 

Client Alert | October 10, 2018

Federal Circuit Update (October 2018)

This edition of Gibson Dunn's Federal Circuit Update offers a reminder of the upcoming American Intellectual Property Law Association (AIPLA) Annual Meeting and of Supreme Court's upcoming review of decisions coming up from the Federal Circuit.

Client Alert | October 1, 2018

Gibson Dunn Win Recognized at LMG Life Sciences Awards

Gibson Dunn was recognized at the annual LMG Life Sciences Awards, where the firm’s win in Biogen IDEC MA v. EMD Serono et al. was named a Patent Impact Case of the Year.

Firm News | September 12, 2018

Media, Entertainment and Technology Group – 2018 Mid-Year Update

For our latest semi-annual update, Gibson Dunn's Media, Entertainment and Technology practice group is taking stock of another active period of deals, regulatory developments, and litigation.

Client Alert | August 8, 2018

Who’s Who Legal Recognizes Nine Gibson Dunn Partners

Nine Gibson Dunn partners were recognized by Who’s Who Legal in their respective fields. In Who’s Who Legal Corporate Tax 2018, three partners were recognized: Sandy Bhogal (London), Hatef Behnia (Los Angeles) and Eric Sloan (New York).

Firm News | August 1, 2018

Federal Circuit Update (July 2018)

This July 2018 edition of Gibson Dunn's Federal Circuit Update discusses the recent Federal Circuit Bar Association Bench and Bar Conference, provides a summary of the pending Helsinn Healthcare case before the Supreme Court regarding the on-sale bar, and briefly summarizes the joint appendix procedure at the Federal Circuit.

Client Alert | July 31, 2018

Gibson Dunn Recognized in 2018 Managing IP Handbook

The 2018 edition of Managing IP Handbook recognized Gibson Dunn among the top International Trade Commission (ITC) Litigation and Patent Contentious firms in the United States, and additionally recognized the firm’s California and New York practices for their Patent Contentious work.

Firm News | July 2, 2018

Supreme Court Says That Patent Holders May Recover Lost Foreign Profits Resulting From Patent Infringement In The United States

WesternGeco LLC v. ION Geophysical Corp., No. 16-1011 Decided June 22, 2018 Today, the Supreme Court held 7-2 that federal law permits a patent holder to recover damages for overseas losses from a defendant that infringes its patent by shipping components of a patented invention from the United States to be assembled abroad.

Client Alert | June 22, 2018

Jane Love Recognized by LMG Americas Women in Business

New York partner Jane Love was recognized as Best in Patent at the seventh annual Euromoney Legal Media Group Women in Business Law Awards. The awards recognize “the individuals, team and firms setting a new standard in progressive work practices and leading the way in their field.” The awards were held on June 7, 2018.

Firm News | June 7, 2018

Federal Circuit Update (May 2018)

This May 2018 edition of Gibson Dunn's Federal Circuit Update discusses the proposed elimination of the broadest reasonable interpretation standard during post-issuance proceedings before the PTAB, provides a summary of the pending WesternGeco case before the Supreme Court regarding extraterritorial damages, and briefly summarizes the differences between precedential and non-precedential opinions.

Client Alert | May 30, 2018

Gibson Dunn Receives Chambers USA Excellence Award

At its annual USA Excellence Awards, Chambers and Partners named Gibson Dunn the winner in the Corporate Crime & Government Investigations category.

Firm News | May 25, 2018

Supreme Court Clarifies That Inter Partes Review Must Decide All Challenged Claims

SAS Institute, Inc. v. Iancu, No. 16-969 Decided April 24, 2018 Today, the Supreme Court held 5-4 that if the Patent Trial and Appeal Board (PTAB) exercises its discretion to institute inter partes review, it must issue an opinion on all challenged claims.

Client Alert | April 24, 2018