David Goldberg
David Goldberg
focuses on domestic and international trademark law. He helps clients protect their brands domestically by researching trademark availability, filing applications for trademark registration and maintaining those registrations. He also works in close collaboration with a network of experienced counsel who provide the same services in other countries around the globe.
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Posts by David Goldberg
Getting Ready for Arthrex: What the Amici Are Saying
The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.…
NYIPLA Amicus Brief in American Axle Urges Supreme Court to Return to Its Precedent in Diehr
On January 25, 2020, the New York Intellectual Property Law Association (NYIPLA) filed an amicus brief urging the U.S. Supreme Court to grant the writ of certiorari in …
Amicus eComp Consultants Urges Supreme Court to Deem PTAB APJs ‘Inferior’ Officers in Arthrex
On December 2, eComp Consultants (eComp) filed an amicus brief urging the U.S. Supreme Court to find Administrative Patent Judges (APJs) of the Patent Trial and Appeal …
Askeladden Brief Asks SCOTUS to Grant U.S. Government’s Petition to Reconsider Whether PTAB APJs Are Principal Officers Under the Appointments Clause
On July 29, Askeladden LLC filed an amicus brief in support of the U.S. Government’s combined petition for a writ of certiorari in U.S. v. …
NYIPLA Urges Supreme Court Not to Award USPTO Staff Attorney Salaries as ‘Expenses’ in Patent Appeals to ED of Virginia
On June 25, 2019, the New York Intellectual Property Association (NYIPLA) filed an Amicus Brief in support of the Respondent in Peter v. NantKwest, Inc., No. 18-801, pending before …
Is the Government a ‘Person’? NYIPLA tells SCOTUS it depends
After reviewing the way the term "person" is used throughout the statute it is clear that in some provisions of the Patent Act, the term necessarily should …
By
Charles R. Macedo
& David Goldberg
& Jung Hahm
& Peter Thurlow
& Robert Isackson
& Robert J. Rando
2 years ago 1
2 years ago 1
NYIPLA Files Amicus Brief Advocating for the Supreme Court to Clarify Article III Standing in Appeal from IPR Proceedings
On Friday, July 20, 2018, the New York Intellectual Property Association (“NYIPLA”) filed an amicus brief arguing that the Petition for Writ of Certiorari should be granted in RPX …
By
Charles R. Macedo
& David Goldberg
& Chandler Sturm
& Peter Thurlow
& Frank DeLucia
& Robert J. Rando
& Robert Isackson
3 years ago 2
3 years ago 2
Amici Request SCOTUS Intervention to Protect Against Extra-Statutory Application of Patent Eligibility Challenges in Court
Section 101 of the Patent Act was codified as part of the 1952 Patent Act. At the same time, Congress set forth in Section 282(b) a list of available …
NYIPLA Urges SCOTUS to Clarify Constitutionality of PTAB Proceedings in MCM Portfolio LLC v. Hewlett-Packard Co.
This case presents an important constitutional question which the court below decided based on an incomplete analysis of the Supreme Court’s jurisprudence. In the case below, …
Only ‘Expenses’ Not ‘Attorney Fees’ Should Be Awarded Under Section 21(b) of the Lanham Act
Section 1071(b)(3) does not expressly or implicitly permit the award of “attorney fees” to the PTO. Specifically, Section 1071(b)(3) states simply that all the expenses of the …
