Intellectual Property

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Supreme Court Rejects Antibody Drug Patent, Clarifies Patent “Enablement” Requirement

Our lawyers review a U.S. Supreme Court ruling rejecting drug patents and clarifying the Patent Act’s enablement requirement.

Client Alert | May 18, 2023

Supreme Court Holds New Meaning Alone Is Not Sufficient For The Fair Use Defense

Gibson Dunn lawyers discuss a Supreme Court ruling that a work of art is not sufficiently transformative for purposes of the fair use doctrine even if it conveys a different meaning or message from the source material.

Client Alert | May 18, 2023

Ernest Hsin Named 2023 Top Intellectual Property Lawyer

The Daily Journal named San Francisco partner Ernest Hsin among its 2023 Top Intellectual Property Lawyers. His profile was published on May 17, 2023.

Firm News | May 17, 2023

Federal Circuit Update (April 2023)

Gibson Dunn lawyers summarize the news and key cases from the Federal Circuit in April 2023.

Client Alert | May 1, 2023

Federal Circuit Update (March 2023)

Gibson Dunn lawyers summarize the latest news and key cases from the Federal Circuit.

Client Alert | April 3, 2023

Federal Circuit Update (February 2023)

Gibson Dunn lawyers summarize the latest news and key cases from the Federal Circuit.

Client Alert | March 6, 2023

Federal Circuit Update (January 2023)

Our lawyers summarize news and key cases in the Federal Circuit.

Client Alert | February 7, 2023

2021/2022 Federal Circuit Year in Review

Our lawyers provide an overview of the precedential patent opinions issued by the Federal Circuit during its 2021-2022 term.

Client Alert | February 2, 2023

Lawdragon Names 19 Partners Among its 2023 500 Leading Lawyers in America and Hall of Fame Honorees

Lawdragon named 18 partners to its 2023 500 Leading Lawyers in America, a guide to the nation’s top lawyers.

Firm News | January 17, 2023

Webcasts: Gibson Dunn’s Annual California MCLE Marathon – 2023

Watch a selection of webcasts from Gibson Dunn's MCLE Blitz 2023.

Webcasts | January 12, 2023

Federal Circuit Update (December 2022)

Our lawyers summarize the latest news and cases involving the Federal Circuit.

Client Alert | January 5, 2023

Gibson Dunn Promotes 37 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP has elected 37 lawyers to its partnership, effective January 1, 2023.

Press Releases | November 15, 2022

Gibson Dunn Recognized in IAM Patent 2022

Gibson Dunn was recognized by IAM Patent 2022 among the top patent practices nationally and in California, New York, Texas and Washington, D.C.

Firm News | October 18, 2022

Expert Guides Best of the Best United States 2022 Recognizes Ten Gibson Dunn Partners

Euromoney’s Expert Guides has named ten Gibson Dunn partners to its 2022 edition of the Best of the Best United States Guide, which recognizes the top 30 legal practitioners in the country across 15 areas of law.

Firm News | October 7, 2022

Gibson Dunn Named Among Top Law Firms in Germany 2022/2023

German publication Kanzleimonitor 2022/2023 listed Gibson Dunn among the top 50 law firms in Germany and among the top law firms by range of service, recommended by in-house lawyers, and ranked Munich partner Ferdinand Fromholzer among the top 100 lawyers in Germany.

Firm News | October 7, 2022

Benchmark Litigation US 2023 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2023 edition and named 69 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 6, 2022

Gibson Dunn Recognized in 2022 Managing IP Handbook

The 2022 edition of Managing IP Handbook recognized Gibson Dunn among the top Patent Contentious firms and leading IP Transactions firms in the United States, and additionally recognized the firm’s California, New York, and Texas practices for their Patent Contentious work.

Firm News | August 3, 2022

Four Who’s Who Legal 2022 Guides Recognize Three Gibson Dunn Partners

Three Gibson Dunn partners were recognized in their respective practice areas in Who’s Who Legal 2022.

Firm News | August 3, 2022

New District Court Decision Provides Useful Guidance on Application of Trademark Law to Virtual Goods

A decision issued on May 18, 2022 by U.S. District Judge Jed S. Rakoff of the Southern District of New York may provide valuable insight into how courts will consider trademark claims regarding NFTs.

Client Alert | May 20, 2022

Wayne Barsky Named 2022 Top Intellectual Property Lawyer

The Daily Journal named Century City partner Wayne Barsky among its 2022 Top Intellectual Property Lawyers.

Firm News | April 21, 2022

Gibson Dunn Adds Intellectual Property Partner Charlotte Jacobsen in New York

Gibson, Dunn & Crutcher LLP is pleased to announce that Charlotte Jacobsen will join the firm’s New York office as a partner in its Intellectual Property Practice Group.

Press Releases | April 11, 2022

Gibson Dunn Wins Impact Case Award in Managing IP Americas Awards 2022

Managing IP recognized Gibson Dunn with an Impact Case award at its Americas Awards 2022 for United States v Arthrex - in which Gibson Dunn represented Athrex.

Firm News | April 8, 2022

Gibson Dunn and Howard Hogan Named to World Trademark Review 1000 2022 Edition for Enforcement and Litigation

Gibson Dunn and Washington, D.C. partner Howard Hogan were named to the World Trademark Review 1000: The World’s Leading Trademark Professionals 2022 edition for Enforcement and Litigation in the Washington, D.C. metro area.

Firm News | March 3, 2022

Supreme Court Holds That A Mistake Of Law Can Excuse An Inaccurate Copyright Registration

On February 24, 2022, the Supreme Court held 6-3 that a copyright holder can file a copyright infringement suit even if its copyright registration application included inaccurate information that was the result of an innocent mistake of fact or law.

Client Alert | February 24, 2022

2020/2021 Federal Circuit Year in Review

We are pleased to present Gibson Dunn’s ninth “Federal Circuit Year In Review,” providing a statistical overview and substantive summaries of the 76 precedential patent opinions issued by the Federal Circuit between August 1, 2020 and July 31, 2021. 

Client Alert | January 27, 2022

Webcast: Supreme Court Roundup: 2020-2021 Terms

The webcast provides analysis of the significant and high-profile cases before the Supreme Court this Term, including those affecting the business community.

Webcasts | January 13, 2022

Gibson Dunn Named Labor & Employment Litigation Department of the Year and a Finalist for Litigation Department of the Year; and Josh Krevitt Named Litigator of the Year

At its annual awards, The American Lawyer named Gibson Dunn the Labor & Employment Litigation Department of the Year, noting, “with novel labor and employment issues swirling, Gibson Dunn’s litigators set standards and settle the law,” and that a case “typical for Gibson Dunn’s labor and employment team” is “high-profile,” “cutting-edge,” and “a victory.”

Firm News | December 6, 2021

Gibson Dunn Recognized in 2021 Managing IP Handbook

The 2021 edition of Managing IP Handbook recognized Gibson Dunn among the top Patent Contentious firms in the United States, and additionally recognized the firm’s California, New York, and Texas practices for their Patent Contentious work.

Firm News | October 13, 2021

Benchmark Litigation US 2022 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2022 edition and named 79 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 13, 2021

Seventeen Gibson Dunn Partners Recognized in Expert Guides’ Women in Business Law

Expert Guides has named 17 Gibson Dunn partners to its 2021 Guide to the World’s Leading Women in Business Law, which recognizes top female legal practitioners advising on business law.

Firm News | October 7, 2021

Second Circuit Issues Important Ruling Concerning Authors’ Termination Rights Under The Copyright Act

In Horror Inc. v. Miller, the Second Circuit affirmed that Victor Miller had successfully reclaimed his rights in the screenplay for Friday the 13th by invoking the Copyright Act’s termination provisions, notwithstanding his assignment of those rights to a film production company in 1980.  The Court reached that conclusion after finding that Miller’s assignment was made as an independent contractor, rather than as an employee.

Client Alert | October 5, 2021

Gibson Dunn Named Patent Litigation Firm of the Year by LMG Life Sciences

LMG Life Sciences named Gibson Dunn as the “General Patent Litigation Firm of the Year” at its annual awards ceremony.  In addition, three Gibson Dunn partners were named Litigator of the Year in their respective practices.

Firm News | September 23, 2021

Webcast: Economic Espionage and Intellectual Property Theft: Trends and Developments with Threats and Enforcement

In this webcast, an experienced team of national security, cyber-crime, and litigation practitioners at Gibson Dunn will share their experiences in investigating and defending companies that fall victim to theft of their trade secrets, and highlight a number of notable recent criminal prosecutions under the Economic Espionage Act and related statutes.

Webcasts | September 23, 2021

Federal Circuit Update (August 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes new petitions for certiorari in cases originating in the Federal Circuit concerning the Patent Trial and Appeal Board’s NHK-Fintiv Rule.  This Update also discusses recent Federal Circuit decisions.  Notably, starting with the September 2021 court sitting, the court has now resumed in-person arguments.

Client Alert | September 8, 2021

10 Gibson Dunn Partners Named Lawyers of the Year

Best Lawyers® named 10 Gibson Dunn partners as the 2022 Lawyer of the Year in their respective practice areas and cities: Theodore Boutrous, Jr.

Firm News | August 19, 2021

Who’s Who Legal 2021 Recognizes Gibson Dunn Partners in Asset Recovery, Capital Markets and IP

Four Gibson Dunn partners were recognized by Who’s Who Legal in their respective fields. Who’s Who Legal Asset Recovery 2021 recommended Dubai partner Graham Lovett.

Firm News | August 13, 2021

Alice at Six: Patent Eligibility Comes of Age

Washington, D.C. partner Mark Perry and San Francisco associate Jaysen Chung are the authors of "Alice at Six: Patent Eligibility Comes of Age," [PDF] published by the Chicago-Kent Journal of Intellectual Property on August 2, 2021.

Article | August 4, 2021

Federal Circuit Update (July 2021)

This edition of Gibson Dunn’s Federal Circuit Update discusses recent Federal Circuit decisions concerning pleading requirements, obviousness, and more Western District of Texas venue issues.  Also this month, the U.S. Senate voted to confirm Tiffany P. Cunningham to be United States Circuit Judge for the Federal Circuit and Federal Circuit Judge Kathleen O’Malley announced her retirement.

Client Alert | August 2, 2021

Federal Circuit Update (June 2021)

Gibson Dunn lawyers discuss developments at the U.S. Circuit Court of Appeals for the Federal Circuit for June 2021, including the Supreme Court’s decisions in Arthrex and Minerva Surgical.

Client Alert | July 6, 2021

Jane Love Named Among Top Women in IP 2021

New York partner Jane Love was named to Managing IP’s Top 250 Women in IP 2021, which recognizes the “senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year.” The list was published July 1, 2021.

Firm News | July 1, 2021

Supreme Court Upholds, But Limits, The Doctrine Of Patent Assignor Estoppel

Today, the Supreme Court upheld the doctrine of assignor estoppel in patent cases, concluding in a 5-4 decision that a patent assignor cannot, with certain exceptions, subsequently challenge the patent’s validity.

Client Alert | June 29, 2021

Third Circuit Court of Appeals Addresses Federal Trade Secret Standards

On June 8, 2021, in Oakwood Laboratories LLC v. Thanoo, the Third Circuit “endeavored to clarify the requirements for pleading a trade secret misappropriation claim under the Defend Trade Secrets Act” (DTSA).

Client Alert | June 24, 2021

Supreme Court Holds That The Constitution Requires Administrative Review of PTAB Decisions

On June 21, 2021, the Supreme Court held 5-4 that the absence of Executive Branch review of decisions rendered by Administrative Patent Judges (APJs) of the Patent Trial and Appeal Board (PTAB) violates the Appointments Clause, and that the proper remedy is to sever a statutory provision so that the Director of the Patent and Trademark Office may review PTAB decisions.

Client Alert | June 21, 2021

How Trade Dress Law Has Evolved During COVID

Washington, D.C. partner Howard Hogan and New York associate Laura Mumm are the authors of "How Trade Dress Law Has Evolved During COVID," [PDF] published by Law360 on June 11, 2021.

Article | June 14, 2021

Second Circuit Issues Important Ruling on Trademark Settlements and Antitrust/IP Interface

On June 11, 2021, the Second Circuit issued its decision in 1-800 Contacts, Inc. v. FTC, an appeal of an administrative litigation brought by the Federal Trade Commission against 1-800 Contacts.  The decision—which rejected the FTC’s claim that several trademark settlements by 1-800 Contacts violated the antitrust laws —found that the trademark settlement agreements at issue were “typical” and procompetitive, and provides crucial guidance for parties considering settling trademark disputes.

Client Alert | June 14, 2021

Federal Circuit Update (May 2021)

Gibson Dunn lawyers discuss developments at the U.S. Circuit Court of Appeals for the Federal Circuit for May 2021.

Client Alert | June 8, 2021

Gibson Dunn Recognized in IAM Patent 2021

Gibson Dunn was recognized by IAM Patent 2021 among the top patent practices nationally and in California, New York, Texas and Washington, D.C. The guide additionally named 15 Gibson Dunn partners to its list of the “world’s leading patent professionals”: Dallas partner Mark Reiter, Los Angeles partners Wayne Barsky and Jason Lo, New York partners Benjamin Hershkowitz, Josh Krevitt, Jane Love, Brian Rosenthal, Daniel Thomasch and Robert Trenchard, Orange County partners Kenneth Parker and William Rooklidge, Palo Alto partner Carrie LeRoy, San Francisco partner Karen Spindler, and Washington D.C. partners Brian Buroker and Mark Perry.

Firm News | June 1, 2021

Courts Are Aligning Patent Fraud, Inequitable Conduct Claims

Orange County of counsel Anne Brody is the co-author of "Courts Are Aligning Patent Fraud, Inequitable Conduct Claims," [PDF] published by Law360 on May 18, 2021.

Article | May 19, 2021

Wayne Barsky Named 2021 Top Intellectual Property Lawyer

The Daily Journal named Century City partner Wayne Barsky among its 2021 Top Intellectual Property Lawyers. His profile was published on April 21, 2021.

Firm News | April 21, 2021

Supreme Court Holds That Google’s Use Of Oracle’s Java Software Interface Is Fair Use

On April 5, 2021, the Supreme Court held 6-2 that Google’s use of the Java interface in the Android platform falls within the fair use doctrine. 

Client Alert | April 5, 2021