Rob Maier

May 25, 2021 | New York Law Journal

In his Patent and Trademark Law column, Rob Maier discusses Wi-LAN v. Sharp Electronics—a "cautionary tale for patent plaintiffs to do everything within your power, and then some, to ensure your evidence of infringement will not be excluded as hearsay."

By Rob Maier

9 minute read

March 23, 2021 | New York Law Journal

Over his almost 50-year political career, President Biden has rarely articulated strong IP policy positions. That said, certain indicators can offer insight into the potential policy avenues that the Biden administration may pursue over the coming years, which Rob Maier explores in this edition of his Patent and Trademark Law column.

By Rob Maier

9 minute read

January 26, 2021 | New York Law Journal

Despite the recession—or partly as a result of it—2020 was also a year of growth for patent litigation in the United States. In this edition of his Patent and Trademark Law column, Rob Maier provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye towards current trends that in all likelihood will continue deep into 2021.

By Rob Maier

7 minute read

November 24, 2020 | New York Law Journal

In his Patent and Trademark Law column, Rob Maier discusses Arthrex v. Smith & Nephew, where Arthrex which challenged whether the appointment of administrative patent judges by the Secretary of Commerce violates the Appointments Clause and is therefore unconstitutional.

By Rob Maier

8 minute read

July 21, 2020 | New York Law Journal

In 2011 and 2012, Booking.com, a digital travel company that allows consumers to make hotel and other reservations online, filed applications to register trademarks with various visual features, all for travel-related services, and all including the term "Booking.com," writes Rob Maier in his Patent and Trademark Law column.

By Rob Maier

9 minute read

May 26, 2020 | New York Law Journal

In his Patent and Trademark Law column, Rob Maier writes: These are surely unprecedented times, and it is difficult-to-impossible to predict much with any degree of certainty. That said, history has a tendency to repeat itself, and a look back at past economic declines provides a glimpse of what is to come, so that companies, intellectual property practitioners and other stakeholders alike can plan and strategize accordingly.

By Rob Maier

9 minute read

March 24, 2020 | New York Law Journal

In his Patent and Trademark Law column, Rob Maier writes: Standard essential patent litigation is anything but "standard," especially when it comes to determining remedies for patents that must be licensed under fair, reasonable, and non-discriminatory (FRAND) terms.

By Rob Maier

9 minute read

January 21, 2020 | New York Law Journal

In his Patent and Trademark Law column, Rob Maier discusses three opinions recently issued by the Supreme Court and Federal Circuit relating to the award of attorney fees in patent cases: 'Peter v. NantKwest,' 'Blackbird Tech v. Health In Motion,' and 'Intellectual Ventures.' He concludes these decisions confirm that the "American Rule"—under which each side in a case pays its own attorney fees—remains the norm.

By Rob Maier

8 minute read

November 26, 2019 | New York Law Journal

Declaratory judgment actions, commonly referred to as "DJ actions," have historically provided a mechanism for companies threatened with a patent infringement claim to preemptively file a lawsuit seeking a court ruling declaring the patent invalid or not infringed. These DJ actions for years had been a popular tool for accused infringers, but as Rob Maier discusses in this edition of his Patent and Trademark Law column, recent changes in the patent litigation landscape have resulted in a shift away from these DJ actions, and a corresponding shift in the way patent holders approach infringers.

By Rob Maier

8 minute read

September 24, 2019 | New York Law Journal

In his Patent and Trademark Law column, Rob Maier discusses the United States-China trade war from an IP perspective. He writes: If the trade war continues to have a damping effect on the world economy, this may be another factor that influences an increase in IP litigation and licensing activity—both in China and in the United States.

By Rob Maier

9 minute read