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Shareholder Ryan Marshall is Quoted in IPWatchdog
Published By IPWatchdog
September 19, 2019

On September 19, 2019, Brinks Shareholder Ryan Marshall was quoted in the IPWatchdog article, "ITC Investigates University of California Complaint Against Amazon and Other Major Retailers."

Excerpt below. 

"The more pioneering an innovation is, the more likely it will have widespread applicability to many industry players,” said Ryan Marshall, patent lawyer and shareholder at Brinks Gilson & Lione. In this situation, the filament LED technology developed by a Nobel laureate inventor has been integrated into a wider range of products than just those targeted in the Section 337 investigation and district court suits. Marshall noted that, usually, a patent owner would go after many smaller infringers to build a successful case record, but he was curious whether the retailers in this case might look to the OEMs to indemnify them from infringement claims. “Whether or not indemnities are in place is an issue that would be fact-specific to each retailer,” he said, noting that it could be possible that some retailers approached their private label manufacturers with the idea of making filament LED products or vice versa. In either case, there would be a question of whether anyone did due diligence to make themselves aware of UC’s patent portfolio, which could open them up to a finding of willful infringement and treble damages.

"Universities are always resource limited when it comes to funding litigation,” Marshall said, pointing out that the use of litigation funding was a creative way to address the cost of patent enforcement for an academic institution. Marshall also was not aware of other cases at the ITC involving a university as a sole complainant..

Click here to read the full article.

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