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Intellectual Property

  • 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: ,

  • Oct 31, 2019Joseph Farco Speaks on Intellectual Property to New York Inventors and Entrepreneurs

    Joseph A. Farco, a Member of law firm Norris McLaughlin, P.A., was a guest presenter for the Queens Inventors and Entrepreneur Club Meeting on October 15. He discussed what each form of intellectual property protects, the process of obtaining each type of intellectual property, and the advantages and disadvantages of each type of intellectual property.

    “I was honored to be a part of the Queens Inventors and Entrepreneur Club Meeting. Patents are especially important for inventors and entrepreneurs and I was excited to share my knowledge with them,” said Farco.

    About Joseph Farco

    Farco focuses his practice on intellectual property matters, including litigation, patent, and trade secret transactions.

    As a trial patent lawyer, Farco represents patent owners, including inventors and foreign and domestic companies, in district court and the International Trade Commission. He handles pre-filing due diligence on how patent owners can best assert their patents; cease-and-desist correspondence to avoid litigation; and all aspects of Markman proceedings, appeals to the United States Court of Appeals for the Federal Circuit, and petitions for certiorari to the Supreme Court of the United States. He also spearheads electronic discovery and strategies for electronically searchable information (ESI).

    Farco makes advance preparation and efficient strategy development his priorities, especially for witnesses who are not native English-speakers and where numerous experts are involved. He has prepared foreign and domestic witnesses and experts for trial.

    As a registered patent attorney, Farco practices before the United States Patent and Trademark Office where he counsels clients from all over the world under America Invents Act (AIA) and pre-AIA rules to obtain patent protection in the form of utility and design patents. He has represented clients in appeals to the Patent Trial and Appeal Board, and has been involved in challenges to patent rights under ex parte reexaminations and inter partes review (“IPR”) proceedings.

    Farco uses his litigation and prosecution experience to provide opinions concerning patentability, non-infringement, and invalidity, to assist clients in making well-informed intellectual property decisions for their business or for helping avoid allegations of induced infringement and/or willful infringement of patents.

    Prior to his legal career, Farco was a project engineer for Hamilton Sundstrand Space Systems, where he led a team of engineers to develop mechanical, electrical, and materials test analyses for the life-critical Extravehicular Mobility Unit worn by astronauts on space missions to and from the International Space Station.

    Farco received his J.D. from New York Law School in 2008. He received his M.S. in Engineering Management and his B.E. in Mechanical Engineering, with honors, both from Stevens Institute of Technology in 2005, and his M.S. in Pharmaceutical Chemistry from the University of Florida in 2014.

    About Norris McLaughlin

    The intellectual property attorneys at Norris McLaughlin are dedicated to providing sophisticated intellectual property counsel to domestic and international clients. Registered to practice before the U.S. Patent and Trademark Office, they have backgrounds in a broad range of engineering and sciences, including petrochemical, chemical, biochemical, biotechnology, electrical, mechanical, medical devices, and computer software and hardware. Many have worked in the field for 10 or more years, allowing them to provide all the expertise of an IP boutique within a large, full-service firm.

    Posted in: Intellectual Property, Joseph A. Farco, News | Tags: ,

  • Oct 25, 2019Danielle DeFilippis to Present at Food Day 2019

    Danielle M. DeFilippis, a Member of law firm Norris McLaughlin, P.A., and Co-Chair of its Intellectual Property Law Practice Group, will present “Pardon the Interruption: Branding & Advertising for Disruptive Food Trends” at Food Day 2019 hosted by NJBIZ and New Jersey Manufacturing Extension Program, Inc., on Monday, November 4. Norris McLaughlin is a proud sponsor of the event.

    About Food Day

    The event will be held 7:30 a.m. – 4:00 p.m. at The Event Center at iPA in Freehold, and DeFilippis will speak 11:45 a.m. – 12:30 p.m. Other discussion topics include business growth services, food safety compliance, workforce development, and cyber threat and security.

    “Disruptive food trends are the hot topic right now in the food industry, and it’s especially important to be cognizant of the law surrounding the advertisement and branding of the products. I’m excited to present this course to current and future industry leaders,” said DeFilippis.

    For more information and to register, click here.

    About Danielle DeFilippis

    DeFilippis focuses her practice on intellectual property, contracts, and litigation. Her passion for food and beverage brands began at a young age, as she watched her father service various food brands through his work for a sales and marketing company. As the products came through her household, DeFilippis learned about marketing and branding from a retail and manufacturing perspective. Her appetite grew, and she now enjoys working with 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 is an author for Norris McLaughlin’s trademark, copyright, and unfair competition blog, More Than Your MaⓇk™. She 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.

    About Norris McLaughlin

    Norris McLaughlin’s food, beverage, and hospitality attorneys tackle the wide array of legal issues facing the food manufacturers, suppliers, and retailers; food and beverage trade groups; breweries, distilleries, and wineries; restaurants, bars, hotels, conference centers, stadiums, and other public venues, including business planning, construction, corporate law, environmental concerns, immigration, intellectual property, labor and employment law, litigation, liquor law, real estate and finance, and tax counseling.

    Norris McLaughlin is a full-service, mid-sized regional law firm of 130+ attorneys with main offices in Bridgewater, NJ, New York, NY, and Allentown, PA. For more information, including a full practice area listing and attorney biographies, please visit www.norrismclaughlin.com.

    Posted in: Danielle M. DeFilippis, Food, Beverage & Hospitality, Intellectual Property, News | Tags: , ,

  • Oct 22, 2019Norris McLaughlin Named in Lehigh Valley Business 2019 Reader Rankings

    The law firm of Norris McLaughlin, P.A., is proud to have been ranked in the 2019 Lehigh Valley Business “Reader Rankings” for Best Business Law Firm, Mergers and Acquisitions, and Intellectual Property Firm.

    About the Rankings

    The 2019 Reader Rankings Awards, based on over 24,000 votes, were announced on October 2 at ArtsQuest at SteelStacks in Bethlehem.

    “We are proud to once again have the honor to be ranked by our clients and friends in the Lehigh Valley. These awards are a perfect example of how great our employees and clients are, whom we value very much,” said John N. Vanarthos, Chairman of the firm.

    About Norris McLaughlin

    At Norris McLaughlin, over thirty business law attorneys spend all or most of their time in a variety of specialties within their field. The range of clients is broad, as are the legal services that we provide to them.

    The firm’s mergers and acquisitions attorneys have structured, negotiated, and closed numerous U.S. and international transactions ranging from small-scale to complex multi-million-dollar deals. They have vast experience in all aspects of corporate transactions.

    The intellectual property attorneys at Norris McLaughlin are dedicated to providing sophisticated intellectual property counsel to domestic and international clients. Registered to practice before the U.S. Patent and Trademark Office, they have backgrounds in a broad range of engineering and sciences, including petrochemical, chemical, biochemical, biotechnology, electrical, mechanical, medical devices, and computer software and hardware. Many have worked in the field for 10 or more years, allowing them to provide all the expertise of an IP boutique within a large, full-service firm.

    In response to the changing needs of our clients and the business community, Norris McLaughlin merged with Tallman, Hudders & Sorrentino, the largest independent commercial firm in the Lehigh Valley, Pennsylvania. Since then, the firm has continued to grow, remembering its culture and our values. Norris McLaughlin and its attorneys have historically been committed to the Lehigh Valley community,where may attorneys, clients, and staff live and do business  – to make them better places to live, work, and play. The firm’s attorneys hold prominent leadership positions in various organizations throughout the Lehigh Valley and many have been honored for the work they do in the community.

    Norris McLaughlin is a full service, mid-sized regional law firm of 130+ attorneys with offices located in Bridgewater, Montclair, and Short Hills, NJ; New York, NY; and Allentown, Pennsburg, and Easton, PA. For more information, including a full practice area listing and attorney biographies, please visit www.norrismclaughlin.com.

    Posted in: Business Law, Intellectual Property, Mergers & Acquisitions, 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: , , , ,

  • Aug 30, 2019Danielle DeFilippis to Speak at Rutgers Food Business Basics Workshop

    Danielle M. DeFilippis, a Member of law firm Norris McLaughlin, P.A., and Co-Chair of its Intellectual Property Law Practice Group, will be a panelist for the “Food Business Basics Workshop & Training Session” hosted by the Rutgers Food Innovation Center on Monday, September 9. Norris McLaughlin is a proud sponsor of the event.

    DeFilippis will address selecting, clearing and protecting a brand through trademark law. Other discussion topics will include how to sell, plan for and access capital, transform concepts into packages, ensure food safety, and prepare to develop, manage, and grow a specialty food business. The workshop, to be held 8:15 a.m. – 5:00 p.m. at the Rutgers EcoComplex in Bordentown, also offers round table sessions and networking opportunities. For more information and to register, visit foodinnovation.rutgers.edu.

    “This is a wonderful opportunity for food entrepreneurs to learn about starting or growing a business in the food and beverage space. I have been fortunate to participate in past Food Business Basic Workshops and cannot overstress how important the topics presented by FIC speakers are for food business owners as they create and build their brand,” said 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. DeFilippis 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. She 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. Her passion for food and beverage brands began at a young age and she now enjoys working with emerging and established food and beverage companies on brand development, clearance, counseling through the various stages of growth, and when the need arises, to prosecute and defend litigation. 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.

    Posted in: Danielle M. DeFilippis, Food, Beverage & Hospitality, Intellectual Property, News | Tags: , ,

  • May 14, 2019Norris McLaughlin Attorneys to Speak on Food and Beverage Law

    Danielle M. DeFilippis, Rashmee Rayna Sinha, Stephanie S. Spangler, and Michael J. Locke, of law firm Norris McLaughlin, P.A., will present “Food Law 101,” a food and beverage panel discussion, for WeWork Food Labs. The event will take place on Thursday, May 16, 11:00 a.m. – 1:00 p.m., at WeWork 148 Lafayette Street in New York.

    The presentation will cover a variety of legal issues encountered by food and beverage startups. DeFilippis will discuss basic contract issues that arise between food and beverage companies and external and internal parties. Sinha will cover key labor and employment law issues and updates for startup companies in the food and beverage industry. Spangler will speak on intellectual property issues that food and beverage companies face in the operations of their company, and Locke will speak on corporate formation, governance, and equity issues that are commonly faced by startups and early-stage companies. WeWork Food Labs is a first-of-its-kind innovation space and global platform dedicated to startups impacting the future of sustainable food. For more information, please click here.

    DeFilippis, Co-Chair of the firm’s Intellectual Property Law Group and founding member of the Food, Beverage & Hospitality Group, focuses her practice on intellectual property matters and litigation. She represents individual and corporate clients in all phases of litigation, from commencement through trial, and 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 represented clients in a variety of industries, most notably, food and beverage, liquor, jewelry, and cosmetics. 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.  She is an author for Norris McLaughlin’s trademark, copyright, and unfair competition blog, More Than Your Mark, www.morethanyourmark.com. DeFilippis received her J.D. from Seton Hall University School of Law and her B.A. from The Pennsylvania State University.

    As a logical, strategic, and pro-active employment defense attorney, Sinha has a proven track record of extricating clients from suit in the early stages of litigation. She primarily handles claims under Employment Practices Liability Insurance, Directors and Officers and Errors and Omissions polices related to discrimination, harassment, retaliation, failure to accommodate, whistle-blower, and wrongful discharge on the basis of protected categories (i.e. age, sex, disability, race, gender, national origin, religion, pregnancy etc.).

    Sinha represents employers from industries including healthcare, construction, financial services, property management, insurance, technology, transportation, building services, hotel and hospitality, retail, manufacturing, power and energy, and pharmaceutical.

    Sinha is experienced in all areas of employment litigation in both federal and state courts. She has defended administrative proceedings and regulatory compliance investigations before numerous employment practice agencies including the EEOC, and the federal and state Department of Labor and the Department of Health. Sinha counsels employers on employment and compliance issues including employment policies, contracts, discipline, terminations, leaves of absence, accommodations, complaints, investigations, benefits, proprietary information, restrictive covenants, reorganizations, and executive compensation.

    Sinha is a member of the Labor of Employment Section of the American Bar Association and the New Jersey State Bar Association. She is also a member of the Legal Committee, Fairways Community Condominium, Teaneck, New Jersey, as well an active member of the Professional Liability Underwriting Society, the Commerce Industry Association of New Jersey, the Mahwah Regional Chamber of Commerce, the Asian American Hotel Owners Association, and the Asian Indian Chamber of Commerce. Sinha earned her J.D. from Seton Hall University School of Law, and her B.A. from Boston University.

    Spangler, Co-Chair of the firm’s Cannabis Law Group and a member of the Food, Beverage & Hospitality Group, focuses her practice on trademark and copyright litigation, prosecution and enforcement.  She appears in state and federal courts and before the USPTO’s Trademark Trial and Appeal Board in opposition and cancellation proceedings.  She counsels clients in industries including startups, technology, food and beverage, cannabis, and arts and entertainment.  She is a co-author for the firm’s trademark, copyright, and unfair competition law blog, More Than Your Ma®k, and the firm’s Cannabis Law Group blog, Legally Grown.

    Locke focuses on providing counsel to small businesses in all phases of their corporate existence, from formation through merger and acquisition. Locke also works closely with clients as they grow and expand their businesses, offering advice and legal guidance in connection with customer and supplier agreements, terms and conditions of use (for both physical and digital products), inter-business relationships (including joint ventures), export regulations, securities regulations, litigation support, and more.

    Locke is especially focused on working with businesses that seek to bridge the gap between commercial success and environmental or social responsibility. He has counseled clients in forming “benefit corporations” (also known as “B-corps”) and drafting corporate governing documents for those seeking to maximize profitability and have a positive effect on their communities while simultaneously minimizing their environmental impacts.

    Locke also has experience assisting larger corporations conduct cross-border transactions, including the international purchase and sale of goods as well as the international purchase and sale of assets and equity. Locke earned his J.D. in 2013, cum laude, from Brooklyn Law School, and his B.A. in 2010, magna cum laude, from Rutgers University.

    Posted in: Danielle M. DeFilippis, Food, Beverage & Hospitality, Intellectual Property, Michael J. Locke, News, Rashmee Rayna Sinha, Stephanie S. Spangler | Tags: , , , , , , , , , , , , ,

  • Apr 30, 2019Danielle DeFilippis Named Co-Chair of Norris McLaughlin IP Practice Group

    Danielle M. DeFilippis, a Member of law firm Norris McLaughlin, P.A., has been named Co-Chair of the firm’s Intellectual Property Practice Group. She will serve with Bruce S. Londa, who has chaired the group for the past five years.

    “I am very grateful to have Danielle co-chair our Intellectual Property Group and extremely confident in her ability in moving the group forward to help us accomplish our goals. Having worked with Danielle for nearly ten years, I can attest that she has proved to be a great leader to our group. I am certain that her exceptional talents will be a great benefit to both the firm and our clients,” said Londa.

    “At Norris McLaughlin, I have been fortunate to benefit from the mentorship and guidance of consummate professionals that provide top tier legal services to our clients. I am honored to help impart that knowledge on the next generation of attorneys at Norris McLaughlin,” said DeFilippis.

    The Intellectual Property Practice Group at Norris McLaughlin provides sophisticated intellectual property counsel to domestic and international clients on patent, trademark and copyright matters. Several members of the group have a background in a broad range of engineering and sciences, including chemical, biochemical, biotechnology, electrical, mechanical, and computer software and hardware. They serve clients in manufacturing, marketing, and service industries, including chemicals, pharmaceuticals, biotechnology, electronics, telecommunications, consumer foods, computer hardware and software, Internet, medical devices, health care, and banking. Many members of the group are registered to practice before the United States Patent and Trademark Office.

    DeFilippis focuses her practice on intellectual property matters and litigation. She represents individual and corporate clients in all phases of litigation, from commencement through trial, and 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. DeFilippis 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. She is an author for Norris McLaughlin’s trademark, copyright, and unfair competition blog, More Than Your Mark. DeFilippis received her J.D. from Seton Hall University School of Law and her B.A. from The Pennsylvania State University.

    Posted in: Bruce S. Londa, Danielle M. DeFilippis, Intellectual Property, News | Tags: , , , , ,

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