Publications & Presentations

Bob has spoken to numerous groups on intellectual property subjects and authored more than 50 published articles, including:

Patent Litigation

• Informal Resolution of Patent Disputes Through Amazon’s APEX Program: Do You Want the Good News First, or the Bad News?

• Not So Fast: 2019 Federal Circuit Cases Challenge Reliance on USPTO Guidelines on Subject Matter Eligibility, California Lawyers Assn New Matter Journal

• De Facto Apportionment of Design Patent Damages: But the Supreme Court Says It Ain't So!, State Bar of California New Matter Journal

• Enhanced Patent Damages: The "Halo Effect," State Bar of California New Matter Journal

• Fighting Patent Trolls, Business Law Today (American Bar Association)

• Sins of Omission: Panduit's Overreach in Patent Model Jury Instructions, State Bar of California New Matter Journal

• Patent Troll Litigation: In House Strategies and Challenges, 39th Annual Intellectual Property Institute of the California Bar’s Intellectual Property Section

• When Patent Infringement Suits Meet Low Infringing Sales, Corporate Counsel Magazine

• Sued by a Troll? Five Ways Small Businesses Can Fight Back, Santa Cruz Tech Beat

• Willfully Blind: The Causation Anomaly in Patent Lost Profits Awards, State Bar of California New Matter journal

• Design Patent Litigation: Validity and Remedies, AIPLA webinar

• Departing Employees and Intellectual Property, State Bar of California Annual Meeting

• Beyond the Scope of the Claims -- Patent Damages and Apportionment, State Bar of California New Matter Journal and IP Litigator magazine

• Design Patent Enforcement After 'Egyptian Goddess', State Bar of California New Matter journal

• The Case In Favor of Federal Circuit De Novo Review, State Bar of California New Matter journal

• Departing Employees and 'Abandoned' Research, State Bar of California New Matter journal

• 'Equivalence' by Any Other Name, State Bar of California New Matter journal

Trademark Litigation

• Delphic Oracle: The Supreme Court’s Trademark Decisions on Wrongful Profits and Foreign Damages

• “Unknown Unknowns” and “Known Unknowns”: Untethered Trademark Monetary Remedies After TMA Enactment and Romag  

• Trademark Infringement Remedies: Protecting IP Rights and Overcoming Challenges

• The Wonderful, Wacky World of Willfulness, various local and statewide bar associations

• State Legalizations of Marijuana Trademarks: Options for a "Growing" Industry, paper for publication

• Growing a Brand, Western Growers Magazine

• Trademark Monetary Remedies -- It's Time for a Change, State Bar of California Intellectual Property Institute paper

• Actual Confusion and Trademark Damages: Through the Looking Glass, AIPLA Spring Meeting paper

• Unregistered? You Ain't Dead Yet: Common Law Trademarks and Their Territorial Reach, State Bar of California Intellectual Property Section paper

CIPA Privacy Litigation

• The Rise of CIPA Pro Se Trolls

Unauthorized Dealers

• Unauthorized Dealer of Genuine Goods: The Trademark Challenge

• Taking on Amazon: Unauthorized Dealers of “Genuine” Products (ABA Business Law Today)

• Unauthorized Online Dealers of ‘Genuine’ Products in the Amazon Marketplace and Beyond: Remedies for Brand Owners, Journal of Internet Law (2014)

• Dealing with Unauthorized Online Dealers: Sales of ‘Genuine’ Products, American Bar Association Business Law Today Journal

• Unauthorized, Online Dealers, presentation to AIPLA Corporate Practices Committee

Trade Secret Litigation

• Trade Secret First Aid: What to Do in the First 48 Hours, presentation for clients

• Patents vs. Trade Secrets: When Should Inventions Remain Trade Secrets? AIPLA Conference presentation paper

Legal Ethics

• The Snitch Who Stole Biz’ness: The New Ethics Rule