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Intellectual Property Litigation

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Media Mentions

Which IP Issues Ducked The Radar in 2015?
December 22, 2015 — Law360
Related Professionals: Mark A. Klapow

'Modest' Changes to IP Guidelines Worth Considering, Baer Says
December 3, 2015 — Global Competition Review
Related Professionals: Lisa Kimmel, Ph.D.

Accused Infringers Rethink Declaratory Judgment Strategies
November 25, 2015 — Law360
Related Professionals: Mark Supko

Could Courts Enable Cheaper Challenges to NPE Claims?
October 29, 2015 — Law360
Related Professionals: Mark A. Klapow

Panelists Review PTAB Challenges, 'Evolving Landscape'
October 22, 2015 — Bloomberg BNA
Related Professionals: Terry Rea

Do The Proposed AIA Rule Changes Go Far Enough?
August 29, 2015 — Law360
Related Professionals: Mark A. Klapow

Post Limelight, Could Patent Act Be More User-Friendly?
August 21, 2015 — Law360
Related Professionals: Mark A. Klapow

Dossier auteursrecht: waarom je content niet zomaar mag hergebruiken
June 19, 2015 — CUSTO
Related Professionals: Jan-Diederik Lindemans

Where Do We Stand One Year After Alice?
June 17, 2015 — Law360
Related Professionals: Mark A. Klapow

Voices of the Bar: Meet the IP Experts
June 16, 2015 — Law360
Related Professionals: Mark A. Klapow

Strategies Wearable Tech: Growth of Smart Garments Sparks Suits of the Non-Apparel Variety — Lawsuits
March/April 2015 — Textile Insight

Washington, D.C.-based counsel and member of the firm’s Intellectual Property Group, Lisa A. Adelson, speaks with Textile Insight about a recent case in which a wearable technology company filed several complaints in the United States District Court for the Northern District of Georgia for patent infringement of wearable technology. While Adelson is not involved in the case, she notes that for brands interested in smart apparel, it is important to scan the market for similarities. "Just like in inventions historically, if this is your specialty you sort of know the state of the art. If you think you are close [to another product], you need to get legal advice," said Adelson.

Related Professionals: Lisa A. Adelson

FTC, Private Sector Lock Horns Over Consumer Data Protection
February 25, 2015 — E-Commerce Times

Washington, D.C.-based partner and co-chair of the firm's Advertising & Product Risk Management Group, Christopher A. Cole, speaks to E-Commerce Times regarding recent Federal Trade Commission (FTC) data breaches. In the case of FTC v. Wyndham Worldwide, Wyndham is charged with violating the FTC Act by claims their privacy policy misrepresented the security measures the company had in place with a failure to safeguard personal information. Wyndham is fighting back, arguing the fundamental legal authorities the FTC relies on to protect consumer privacy. One of these authorities is the 'unfair practice' provision of the FTC Act which Cole says is an issue "that has ramifications far beyond data security, and it would be a major blow to the FTC if the court placed significant constraints on the FTC here."

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Related Professionals: Christopher A. Cole

Crowell Bets on Belgian Experience
February 10, 2015 — Commercial Dispute Resolution

Crowell & Moring's Brussels office is featured in an article highlighting recent partner and senior counsel appointments, as well as an overview of the practice strengths of those individuals and the office as a whole. Brussels partner and office head, Kristof Roox, praises his colleagues, saying, "Jan-Diederik [Lindeman]'s promotion and the addition of Geert [Bogaert] reinforces the strength and breadth of experience that our Brussels office offers and demonstrates our continued investment" in staff appointments. The piece also focuses on the key aspects of the Brussels office, in particular the advising and litigating experience in EU and Belgian Law, intellectual property, pharmaceuticals, and life sciences.

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Q&A: Crowell & Moring's Daniel Sasse
January 6, 2015 — Global Competition Review

Head of the firm's Orange County office and partner in the firm's Antitrust Group, Daniel A. Sasse, takes part in Global Competition Review's Q&A series, and shares his views on the most compelling issues facing the competition bar both in the U.S. and abroad. Sasse touches on a number of questions ranging from what antitrust cases he is following closely, to whom he admires most in the antitrust community. When asked about which issue in antitrust he finds most interesting right now, Sasse stated, "The ability of U.S. companies to pursue damages from foreign suppliers for price-fixing on products sold in the U.S. is probably at the top of the list for those of us who spend a significant amount of our time litigating cartel cases."

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Related Professionals: Daniel A. Sasse

Life Sciences Cases to Watch In 2015
January 2, 2015 — Law360

Washington, D.C.-based partners, Terry Rea, of Crowell & Moring's Intellectual Property Group, and Keith J. Harrison, of the firm's Labor & Employment and Litigation groups, weigh in on two important cases in the life sciences arena. Harrison discusses Teva Pharmaceuticals USA, Inc.'s challenge of a California appellate decision that a generic-drug manufacturer can be held liable for failing to warn consumers of the side effects listed on the equivalent brand-name drug, which may potentially be taken up by the U.S. Supreme Court. "This is going to be a case that is going to further define the scope of federal preemption," Harrison said. Additionally, Rea talks about the Cuozzo Speed Technologies LLC suit, which argues that the Patent Trial and Appeal Board uses the incorrect standard during America Invents Act (AIA) proceedings, making it difficult for inventors to retain their patents. "Everybody is going to be very, very careful how they handle this [case]," Rea said of the suit, which may upend new IPR standards.

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Related Professionals: Keith J. Harrison, Terry Rea

Patent Legislation to Watch In 2015
January 2, 2015 — Law360

Terry Rea, a Washington, D.C.-based partner in the firm's Intellectual Property Group, comments on patent reform legislation in Congress pertaining to fee-shifting and other issues. Rea notes that while Congress appears to be eager to take action to curb abusive litigation, "there's an increased awareness of the need to do it delicately and with a proper balance. Congress has an appreciation of the fact that any legislation cannot be overarching, because there will be unintended consequences," she said.

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Related Professionals: Terry Rea

The Evidentiary Expert: Judge Paul W. Grimm
November 18, 2014 — Law360

Washington, D.C.-based partner and co-chair of the firm's e-Discovery & Information Management Group, David D. Cross, tells Law360 about working with Judge Paul W. Grimm, who has recently been appointed one of the newest federal judges on the Maryland federal bench. Cross, who is familiar with Grimm's 16 years of experience as a magistrate judge, sheds light on Grimm's well-regarded reputation. When Judge Grimm wants to address something, "his decisions are written like law review articles," Cross says. "He makes his opinions very useful beyond the confines of his own case."

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LifeNet Wins $35M Verdict In Tissue Graft Patent Suit
November 18, 2014 — Law360

This article heralds an exciting win for the Washington-D.C. based members of Crowell & Moring's Intellectual Property Group. A Virginia federal jury awarded the firm's client, LifeNet, nearly $35 million in damages for LifeCell Corp.'s infringement of a patent improving the preservation of bone and soft-tissue grafts, rejecting LifeCell's invalidity defenses. News of this victory was also highlighted in "Law360's Weekly Verdict: Legal Lions & Lambs," found here.

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Related Professionals: Michael H. Jacobs

IP Bills Have Momentum In New Congress
November 5, 2014 — Law360

Mark A. Klapow, a partner in Crowell & Moring's Trade Secrets Practice, discusses with Law360 how the newly elected Congress may have an impact on the efforts to federalize trade secrets. Despite the fact there isn’t a clear partisan divide on trade secrets issues, Klapow and others hope the new members of Congress will lessen the general gridlock Congress has displayed in the past several years. "Trade secret protection is not a partisan issue, so it's more about the ability to get things done generally than one outcome or the other," said Klapow.

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Related Professionals: Mark A. Klapow

2014 Intellectual Property Trailblazers & Pioneers
October 2014 — National Law Journal

Terry Rea, a Washington, D.C.-based Intellectual Property Group partner and director with C&M International, is featured as one of the National Law Journal's "2014 Intellectual Property Trailblazers & Pioneers." The National Law Journal highlights the strides Rea made as acting and deputy director at the United States Patent and Trademark Office (USPTO), as well as her predictions for the intellectual property space. "We will see some targeted limited specific legislation—and some rule changes—in 2015," said Rea.

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Related Professionals: Terry Rea