Lois D. Mermelstein
Subscribe to Lois D. Mermelstein's PostsLois Mermelstein focuses her practice on patent matters, including patent prosecution and litigation. She primarily handles inventor meetings, new applications, responses to office actions, and Patent Trial & Appeal Boad appeals, and advises clients on their prosecution strategies.
Lois has extensive experience across a diverse group of technologies, including quantum computing, machine learning and artificial intelligence, semiconductors, and computer hardware and software. Read Lois Mermelstein's full bio.
Moving to Recuse? Too Little, Too Late
By Lois D. Mermelstein on Nov 14, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit ruled that waiting until well after an adverse summary judgment motion to move for a district court judge’s recusal is untimely and moot, especially where an appeal from the adverse decision is already filed and where the recusal motion is based on public information. Cellspin Soft,...
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Can’t Stop the FRAND: Navigating SEP Licensing Disputes
By Lois D. Mermelstein on Nov 7, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a district court’s decision to deny an antisuit injunction prohibiting a patent owner from enforcing injunctions that it obtained in Columbia and Brazil on standard essential patents (SEPs). Telefonaktiebolaget LM Ericsson, et al. v. Lenovo (United States), Inc., Case No. 24-1515 (Fed. Cir. Oct. 24,...
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If Provider Knew Product Would Be Used to Infringe, It Is a Contributor
By Lois D. Mermelstein on Oct 24, 2024
Posted In Copyrights
In a case brought by a group of record labels against an internet service provider (ISP) for contributory copyright infringement of more than 1,400 songs, the US Court of Appeals for the Fifth Circuit ruled that the provider, which knew how its product would be used by subscribers, could be contributorily liable for its subscribers’...
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Well-Pleaded Factual Allegations Must Be Taken as True When Considering Motion to Dismiss
By Lois D. Mermelstein on Aug 29, 2024
Posted In Trademarks
The US Court of Appeals for the Fifth Circuit, in dismissing a trademark infringement matter under Rule 12(b)(6) for failure to state a claim, ruled that a district court “erroneously assumed the veracity” of the defendants’ assertions over the “well-pleaded factual allegations” in the plaintiff’s complaint. Molzan v. Bellagreen Holdings, LLC, Case No. 23-20492 (5th...
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