Media Mentions

2012

“McKesson’s Bid to Revive Pill Dispenser IP Suit Nixed”
Law360, January 12, 2012

Blair Jacobs, Charles Hawkins, Christina Ondrick and Christopher May were noted as co-counsel to McKesson Automation Inc. in seeking to overturn a Delaware federal court’s ruling that a Swiss logistics company had not infringed two McKesson patents.

Charles J. Hawkins, Blair M. Jacobs, Christopher L. May, Christina A. Ondrick, Intellectual Property, IP Litigation


2011

“Open for Business”
Corporate Counsel, March 1, 2011

Blair Jacobs noted that foreign companies that own U.S. patents were major contributors to the record number of IP cases heard in 2010 by the International Trade Commission (ITC).  “Ten years ago, foreign companies were being dragged to the ITC,” Mr. Jacobs said.  “Nowadays, a good number of filers are foreign companies.”

Blair M. Jacobs, Intellectual Property, International Trade Commission, IP Litigation


2010

“Welcome to Patent Law’s Hottest Venue”
The National Law Journal
, December 13, 2010

“International Trade Commission Flooded With Cases”
Broward Daily Business Review
, December 20, 2010

Blair Jacobs noted that foreign companies that own U.S. patents were major contributors to the record number of IP cases heard in 2010 by the International Trade Commission (ITC).  “Ten years ago, foreign companies were being dragged to the ITC,” Mr. Jacobs said.  “Nowadays, a good number of filers are foreign companies.”

Blair M. Jacobs, Intellectual Property, International Trade Commission, IP Litigation


Blair Jacobs addressed for Law360 (July 23) the most effective approach for defense attorneys to bring a Daubert admissibility challenge to exclude expert testimony.  Such a challenge applies standards set by the U.S. Supreme Court in its 1993 Daubert decision, and Mr. Jacobs advised laying the groundwork for such a challenge early and amply preparing for depositions.  “You can’t treat Daubert as something to look at at the end,” he stated.  “You have to look at [it] as soon as the expert process begins to make sure you develop a record so that you can show the judge” if the expert is being speculative.

Blair M. Jacobs, Intellectual Property, IP Litigation


Blair Jacobs spoke to Law360 on July 23 regarding the challenges of mounting a joint defense among competing companies that are sued by a patent-holding company. Although one law firm can represent multiple defendants, Mr. Jacobs advised carefully considering the business and legal implications of such representation. "Two companies may have diametrically opposed business objectives, so it may not make sense to represent both," he stated, adding that the largest companies with the most at stake, and companies that are suppliers to each other may most likely fall into this category. However, Mr. Jacobs said that if a joint defense is undertaken, it should be carefully planned from the start. "Planning for different scenarios ahead of time makes sure everyone is on the same sheet of music," he noted, adding that over the next five years "there will be more and more of these [cases], and there will be a more developed body of law for handling them."

Blair M. Jacobs, IP Litigation


Blair Jacobs was quoted in a March 30 Law360 report concerning the resolution of three lawsuits by TeleCommunication Systems Inc. against Sybase 365 Inc.  The confidential settlement resolved federal court litigation in Virginia and Delaware and also involved an earlier resolution of claims that gave Sybase licensing access to certain text messaging technology in exchange for a payment to settle patent infringement claims.  Mr. Jacobs, who represented Sybase, said the company was “pleased that all the litigation has been settled and resolved.”

Blair M. Jacobs, Intellectual Property


Blair Jacobs spoke extensively to Law360 on January 4 regarding intellectual property litigation trends.  He cited a perceived decrease in the importance of copyright litigation, saying that "in-house counsel was looking at prioritization of litigation needs and where the company should place its time and money during the year, and...copyright litigation in 2009 was viewed as a lower priority than patent and trademark litigation."  Mr. Jacobs noted that in the latter cases, "Damages are helpful, but gathering market space and protecting market power are important as well."  He added that trademark infringement suits "are more likely to get a settlement fairly quickly than patent ones...[I]f you have a good claim, you likely will be able to stop the infringement."  Looking to 2010, Mr. Jacobs predicted "a fairly robust year for IP litigation, [n]ow that in-house and outside counsel have agreements and strategy planning in place."

Blair M. Jacobs, Intellectual Property, IP Litigation


2008

Blair M. Jacobs was mentioned in the October issue of Intellectual Property Today in an article regarding his move to McDermott.  Mr. Jacobs joins the Firm as a partner in the Intellectual Property, Media & Technology Department where he focuses his practice on intellectual property litigation.

Blair M. Jacobs, Intellectual Property, IP Litigation


Blair M. Jacobs was mentioned in the September 29 issue of The Washington Post in an article regarding his move to McDermott.  Mr. Jacobs joins the Firm as a partner in its Intellectual Property, Media & Technology Department where he focuses his practice on intellectual property litigation and related antitrust disputes.

Blair M. Jacobs, Intellectual Property, IP Litigation

McDermott Will & Emery

McDermott Will and Emery