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  • Nov 13, 2019James Major Provides Insight in U.S. Supreme Court Amicus Brief

    In an amicus brief submitted on behalf of the New York City Bar Association, James R. Major, D.Phil., an Associate of law firm Norris McLaughlin, P.A., argued before the U.S. Supreme Court that the federal Copyright Remedy Clarification Act, which abrogated state sovereign immunity in copyright suits, was unnecessary based on events around the time of ratification of the U.S. Constitution and on historical practice. Major and his team of Association members also argued that the Act was, in any event, within Congress’ power to enact.

    States are frequently immune from suit in federal court. In the brief, available here, Major and the team argued that the States surrendered any sovereign immunity to enforcement of exclusive rights secured by the Constitution’s Copyright and Patent Clause according to the “plan of the convention,” a synonym for the abrogation of the states’ sovereignty around the time that the Constitution was ratified. During oral arguments last week, the petitioner’s counsel asserted that the Copyright and Patent Clause’s “text signals a plan of the convention waiver like no other in Article I.” Subsequently, Justice Sotomayor asked “can you articulate what ‘plan of the convention’ means to you?” to which counsel replied “[a] plan of the convention waiver refers to some reflection that states were surrendering their back-dropped default sovereign immunity in a discrete respect as part of the constitutional convention . . . .” Therefore, counsel’s arguments were consistent with Major and the team’s brief.

    About James Major

    Major dedicates his practice to U.S. and foreign copyright, patent, and trademark matters.  His doctorate in immunology and virology and over ten years’ legal experience enable him to understand the patentability of new technologies, as well as the science and data required to secure and expand patent protection in light of new statutory subject matter requirements. Major is highly experienced in rendering patentability, landscape, freedom-to-operate, and invalidity opinions, particularly in the field of biologics. He also has patent and trademark litigation experience.

    Major is exceptionally qualified in patent prosecution matters relating to small molecules, nucleic acids, proteins, antibodies, chemical processes, formulations, industrial processes, beverages, genetically-modified plants, and methods of treatment. He has also published on patent and cannabis-related matters.  He assists players in the emerging cannabis industry in the evaluation and securing of patents.

    Major received his J.D., magna cum laude, in 2011 from New York Law School, where he was on the Dean’s List and was a candidate for the Trustees’ Prize for the highest average in the Evening Division. He was also Staff Editor of the New York Law School Law Review, a John Marshall Harlan Scholar, and a member of the Institute for Information Law and Policy. He received his Doctorate of Philosophy from the University of Oxford in 2003 and his B.A. in Natural Sciences from the University of Cambridge in 1996.

    Posted in: Intellectual Property, James R. Major, News | Tags: ,

  • Sep 13, 2019Danielle DeFilippis and James Major to Speak on Liquor and Cannabis IP Issues

    Danielle M. DeFilippis, a Member of law firm Norris McLaughlin, P.A., and Co-Chair of its Intellectual Property Law Practice Group, and James R. Major, D.Phil., an Associate of the firm, will co-present “IP Issues in the Liquor and Cannabis Industries” with Max Bookman, Attorney at Pesetsky & Bookman, and Stephen Konigsberg, General Counsel of Tikun Olam.

    About the Presentation

    The presentation, hosted by the Cardozo Intellectual Property Law Society, will be held Monday, September 16, 6:00 – 9:00 p.m., at Reservoir Bar in New York City. The panel discussions will be followed by a happy hour networking opportunity. One professional practice CLE credit is available to participants. For more information and to register, visit the Eventbrite page.

    “This is a really important, and often confusing, topic for many in this industry. We are excited to join this panel and contribute our thoughts on the changing legal landscape,” said DeFilippis. Major added, “Branding is critical in the cannabis and liquor space in view of the amount of composition among brands. We’re happy to have been invited to discuss these important issues.”

    About the Presenters

    Danielle M. DeFilippis

    DeFilippis focuses her practice on intellectual property, contracts, and litigation. She regularly serves as lead counsel in cases before federal and state courts, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and alternative resolution forums. She has handled cases involving trademark and copyright infringement, false advertising, commercial disparagement, business torts, deceptive trade practices, Lanham Act claims, state and federal unfair competition laws, and other business disputes. DeFilippis is an author for Norris McLaughlin’s trademark, copyright, and unfair competition blog, More Than Your Ma®kTM

    DeFilippis has represented clients in a variety of industries, most notably, food and beverage, liquor, jewelry, cosmetics, sports, and entertainment. She enjoys working with both emerging and established food and beverage companies on brand development, clearance, counseling through the various stages of growth, and when the need arises, prosecuting and defending litigation. DeFilippis has been named to New Jersey Law Journal’s 2019 list of “New Jersey Trailblazers” for her efforts in the food and beverage industry in New Jersey and for expanding those efforts on a global scale.

    DeFilippis received her J.D. from Seton Hall University School of Law in 2004 and her B.A. from The Pennsylvania State University in 2001.

    James R. Major, D.Phil.

    Major dedicates his practice to U.S. and foreign patent and trademark matters. His doctorate in immunology and virology and over 10 years’ legal experience enable him to understand the patentability of new technologies, as well as the science and data required to secure and expand patent protection in light of new statutory subject matter requirements. Major is highly experienced in rendering patentability, landscape, freedom-to-operate, and invalidity opinions, particularly in the field of biologics. He also has patent and trademark litigation experience.

    Major has extensive experience in successfully prosecuting patents for genetically-modified plants, chemical formulations, and beverages. He has also published on patent and cannabis-related matters. Recently, Major was part of a team that submitted an amicus brief to the U.S. Supreme Court in connection with state sovereign immunity for patent and copyright matters. He assists players in the emerging cannabis industry in the evaluation and securing of patents.

    Major received his J.D., magna cum laude, in 2011 from New York Law School, where he was on the Dean’s List and was a candidate for the Trustees’ Prize for the highest average in the Evening Division. He was also Staff Editor of the New York Law School Law Review, a John Marshall Harlan Scholar, and a member of the Institute for Information Law and Policy. He received his Doctorate of Philosophy from the University of Oxford in 2003 and his B.A. in Natural Sciences from the University of Cambridge in 1996.

    Posted in: Cannabis Law, Danielle M. DeFilippis, Food, Beverage & Hospitality, Intellectual Property, James R. Major, News | Tags: , , , ,

  • Jun 07, 2019James Major to Speak on the Cannabis Goldrush and the IP Landgrab

    James R. Major, D.Phil., an Associate of law firm Norris McLaughlin, P.A., will be a panelist for “The Cannabis Goldrush and the IP Landgrab” on Tuesday, June 25, 6:00 – 8:00 p.m., at the New York City Bar Association.

    The recent push to legalize cannabis in New York has caused a rush to lay claim to invaluable intellectual property.  As the industry quickly evolves, there have been developments in legislation to protect financial institutions that service cannabis businesses, as well as patent infringement actions.  The panel will discuss the progression of the U.S. cannabis industry, its intellectual property assets, the current regulatory environment at the state and federal level, and the potential branding and trademark issues that cannabis businesses may face.  For more information and to register, please click here.

    Major dedicates his practice to U.S. and foreign patent and trademark matters. His doctorate in immunology and virology and over 10 years’ legal experience enables him to understand the patentability of new technologies, as well as the science and data required to secure and expand patent protection in light of new statutory subject matter requirements.  He has significant patent prosecution experience relating to small molecules, nucleic acids, proteins, antibodies, chemical processes, formulations, industrial processes, and methods of treatment.  He is highly experienced in rendering patentability, landscape, freedom-to-operate, and invalidity opinions particularly in the field of biologics.  Major can assist players in the emerging cannabis industry in the evaluation and securing of patents.  He also has patent and trademark litigation experience.

    Major received his J.D., magna cum laude, in 2011 from New York Law School, where he was on the Dean’s List and was a candidate for the Trustees’ Prize for the Highest Average in the Evening Division.  He was also Staff Editor of the New York Law School Law Review, a John Marshall Harlan Scholar, and a member of the Institute for Information Law and Policy.  He received a Doctorate of Philosophy from the University of Oxford in 2003, and a B.A. in Natural Sciences from the University of Cambridge in 1996.

    Posted in: Cannabis Law, Intellectual Property, James R. Major, News | Tags: , , , , , ,

  • Jan 16, 2019James Major to Present Webinar for American Intellectual Property Law Association

    James R. Major, D.Phil., an Associate of law firm Norris McLaughlin, P.A., will present the webinar, “Patents and Tribal Sovereign Immunity.” Hosted by the American Intellectual Property Law Association, the presentation will discuss the ongoing legal battle involving Allergan’s patents covering the blockbuster dry-eye medication RESTASIS®. In 2017, the patents were purportedly—and controversially—assigned to the St. Regis Mohawk Tribe of Native Americans who asserted tribal sovereign immunity in a challenge to the patents in the United States Patent and Trademark Office. Discussion topics will include the history of sovereign immunity, how it applies to Native American tribes and the associated legal issues, and how the Supreme Court may view the issues going forward.

    The webinar is to be held 12:30 p.m. – 2:00 p.m. on Wednesday, January 23, on www.aipla.org, and will cost $95 for AIPLA members and $195 for non-members. To learn more about membership, e-mail AIPLA Member Services at membership@aipla.org. For more information and to register, click here.

    Major received his J.D., magna cum laude, in 2011 from New York Law School, where he was on the Dean’s List, and was a candidate for the Trustees’ Prize for the Highest Average in the Evening Division. He was also Staff Editor of the New York Law School Law Review, a John Marshall Harlan Scholar, and a member of the Institute for Information Law and Policy. He received a Doctorate of Philosophy from the University of Oxford in 2003 and his B.A. in Natural Sciences from the University of Cambridge in 1996.

    Major dedicates his practice to U.S. and foreign patent and trademark matters. His doctorate in immunology and virology, as well as over ten years’ legal experience, enables him to understand the patentability of new technologies, as well as the science and data required to secure and expand patent protection in light of new statutory subject matter requirements. He has significant patent prosecution experience relating to small molecules, nucleic acids, proteins, antibodies, chemical processes, formulations, industrial processes, and methods of treatment.  He is highly experienced in rendering patentability, landscape, freedom-to-operate, and invalidity opinions particularly in the field of biologics.  James can assist players in the emerging cannabis industry in the evaluation and securing of patents.  He also has patent and trademark litigation experience.

    Posted in: Intellectual Property, James R. Major, News | Tags: , , , , , , , , , ,

  • Nov 30, 2018Norris McLaughlin Welcomes Associate to New York Office

    The law firm Norris McLaughlin, P.A., is pleased to welcome James R. Major as an Associate.  He joins the firm’s Intellectual Property Practice Group, concentrating his practice to U.S. and foreign patent applications.

    Major is exceptionally qualified in patent prosecution matters relating to small molecules, nucleic acids, proteins, antibodies, chemical processes, formulations, industrial processes, and methods of treatment.  He is highly experienced in rendering patentability, landscape, freedom-to-operate, and invalidity opinions.   Major can assist players in the emerging cannabis industry in the evaluation and securing of patents.  He also has patent litigation experience.

    Additionally, Major is experienced in trademark matters, including preparing and prosecuting domestic and foreign trademark applications and advising clients on trademark strategies and registration procedures, as well as trademark opposition and cancellation proceedings.  He also has trademark litigation experience.

    Major earned his J.D., magna cum laude, in 2011 from New York Law School, where he was on the Dean’s List, High Honors, and was a candidate for the Trustees’ Prize for the Highest Average in the Evening Division.  He was Staff Editor of the New York Law School Law Review, a John Marshall Harlan Scholar, and a Member of the Institute for Information Law and Policy.  He received a Doctorate of Philosophy from the University of Oxford in 2003 and his B.A. in Natural Sciences, from the University of Cambridge in 1996.  His doctorate in immunology and virology as well as over ten years’ legal experience enable him to understand the patentability of new technologies, as well as the science and data required to secure and expand patent protection in light of new statutory subject matter requirements.

    Posted in: Intellectual Property, James R. Major, News | Tags: , , , , ,

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