Articles

Global Brand Protection and Marketing: 6 Steps to Protecting Your Brand and Fighting Infringement and Counterfeits

Smart product manufacturers invest in protecting their IP rights. Neil Salyards identifies 6 steps to preventing and addressing counterfeit and infringing products on an ongoing basis. It's critical to safeguard your rights and to protect the integrity of both your products and the goodwill and reputation you have tirelessly established.

 Climate Disclosure Obligations for U.S. Companies: A Work in Progress

What obligations might publicly traded companies face in providing the SEC disclosures about climate-related risks? Some clarity has emerged with the SEC releasing its long-awaited Climate Disclosure Rule. However, with active litigation challenging it and likely more to come, as well as separate developments occurring in the California legislature, climate-related disclosure obligations remain a work in progress, as John Nelson explains.

How Digital Health Companies are Impacted by the USPTO’s New Obviousness Guidance

Digital health companies and other software-dependent innovators may find it harder to obtain patent protection in the wake of new USPTO patent examiner guidance, notes Noel Gillespie. He argues that the agency may wish to make it easier for examiners to reject claims on obviousness while making it harder to overcome those objections.

 Clarity for California Medical Staffs Regarding Statutory and Common Law Fair Hearing Rights

A new and recently published opinion of a California District Court of Appeal provides clarity for state medical staffs regarding whether common law fair procedure rights in peer review processes and hearings are available beyond the statutory rights contained in the Business and Professions Code, note Rachael Harrington and Rick Barton. The case also invites some thinking and discussion regarding the risks associated with medical staffs engaging in preliminary discussions with practitioners in the corrective action process.

Nearshoring in Mexico: Some Basics for Chinese Companies

The fastest growing source of investment into Mexico is from Chinese-based companies, targeting manufacturing including computer equipment, construction equipment, electric vehicles, and furniture. Enrique Hernandez-Pulido, Juan Arau and Julian Zou break down what is driving this nearshoring trend and key considerations for investors in a new article, available in both English and Mandarin.

News

Two Award-Winning Patent Prosecution Partners Join Procopio’s Growing IP Team in Silicon Valley and Orange County

Procopio’s robust powerhouse intellectual property team has added two new partners, Brent Johnson and Brian Coleman. Brent, based in Procopio’s Orange County office, represents life sciences and other companies in both patent prosecution and IP portfolio management.  Brian, based in Procopio’s Silicon Valley office, brings experience as an engineer and entrepreneur and provides strategic patent counseling for companies in industries such as software, robotics, medical software, cleantech, and artificial intelligence.

Brent counsels life sciences and medical device industry clients in a wide range of areas including pharmaceutical and chemistry-related technologies. He began his IP career at Allergan, where he managed patent portfolios for pharmaceutical products representing approximately $1 billion in annual sales. Brent earned a PhD in Chemistry from the University of California, Los Angeles, a JD from Whittier Law School, and a BS in Chemistry from Brigham Young University.

Brian counsels in all aspects of IP law including patent and trademark prosecution. His services include portfolio management, blue sky patent development, handling IP audits and strategy, opinions of counsel, prelitigation patent defense and assertion, appeals, reissues, and reexaminations. He earned his JD From the University of California College of the Law, San Francisco, and an MS in Systems Engineering and a BS in Electrical Engineering from the University of California, San Diego.

Learn more in our press release.

15 Procopio Attorneys in 10 Practice Areas Named 2024 San Diego Super Lawyers and Rising Stars

Fifteen Procopio attorneys from ten practice areas were named by their peers as 2024 San Diego Super Lawyers® or Rising Stars®. Legal practices recognized include corporate, employment, class actions, construction and appellate litigation; M&A; family law; healthcare law; and real estate law. Family Law practice leader Michele Brown was also named to the 2024 Top 25 Women Super Lawyers list.

Each year, no more than 5% of the lawyers in the state of California are named a Super Lawyer, and only 2.5% of the lawyers in the state are named Rising Stars. Procopio attorneys have also been recognized in Northern California (Silicon Valley), Southern California (Orange County), and the Southwest (Scottsdale, Arizona).

Here are the fifteen attorneys recognized in San Diego (located in our downtown and Del Mar Heights offices):

• John Alessio
• Richard Barton
• Michele Brown
• Susan Daly
• Lindsay David

• Dennis Doucette
• Kendra Hall
• Marie Burke Kenny
• John Miles
• S. Todd Neal

• Sara Neva
• Craig Ramseyer
• Steve Serna
• Wendy Tucker
• David Zachry

Events

Unlocking the Mysteries of Privacy (Part I): AI Regulation and the Intersection with Privacy Laws | Del Mar Heights, CA | 5:00 – 7:00 pm PT

Join Privacy & Cybersecurity practice leader Elaine Harwell and Associate Yulian Kolarov for Part One of a two-part privacy series focused on privacy and security in AI, including concerns around the use of generative AI services and an overview of regulatory guidance and legal requirements in the AI space.

Startup Fundamentals #3: Negotiating Term Sheets | Palo Alto, CA | 5:00 - 9:00 pm PT

Hear from Emerging Growth & Venture Capital practice leader Roger Rappoport on terms and term sheets for a seed, angel, convertible debt, SAFE (pre-money and post-money) and Series A round. This is the third workshop in the Access Silicon Valley Startup Fundamental Series for startup founders, startup executives, entrepreneurs, innovators and developers; it is not necessary to have attended the first two.

Unlocking the Mysteries of Privacy (Part II): Insights from Industry Titans  | San Diego, CA | 5:00 - 7:00 pm PT

The second session of our privacy series will be a roundtable featuring Procopio Privacy & Cybersecurity practice leader Elaine Harwell, Roblox Head of Privacy-Legal Hailun Ying, and SuperAwesome Chief Privacy Officer and Head of Legal Amy Lawrence.

Client News

Biosciences Innovator Launches Fundraising Round After Successful Pre-Clinical Results for Fibrosis Treatment

Client Ventoux Biosciences has achieved a breakthrough in pre-clinical trials for a new treatment of fibrosis, in particular the incurable condition Dupuytren’s contracture; it has repurposed a commercially available drug that successfully reduces skin fibrosis in mice. This promising development comes as the company has launched a fundraising round intended to advance development of the drug.

Ventoux Biosciences is represented by Life Sciences Partner Xiaofan "Frank" Yang. Learn more about Ventoux Biosciences, its breakthrough, and its founder Kurt Harrington. 

Social Media

A warm welcome to our newest Family law attorney, Leyla Tabatabaie! Leyla represents parties in cases ranging from simple dissolutions to complex divorce cases, including but not limited to matters related to parentage matters, child custody and visitation, move-away/relocation cases, grandparent visitation, and child and spousal support. She recently passed the Certified Family Law Specialist exam, and has completed a National Family Law Trial Institute program and a National Family Law Trial Institute Advanced Cross Examination program, both with the South Texas College of Law in Houston. Leyla previously clerked for Judge Harvey Silberman of the Los Angeles Superior Court.

Please welcome the latest addition to our Labor & Employment Law team, Miguel Medina! Miguel has experience defending businesses and management in a wide range of employment and labor disputes, including claims of wrongful termination, breach of contract, FEHA claims, constructive discharge, management disputes, administrative agency response, wage and hour single and class action, and PAGA lawsuits. He also counsels businesses on employment and contract-related matters. Miguel previously externed for the Honorable Anthony J. Battaglia and the Honorable Bernard Skomal.

In an interview with Rani Mehta of Managing IP, our Life Sciences practice leader Jeff Morton said he's seen a steady increase in life sciences licensing, with some looking to further leverage existing IP rather than seeking new protections. He's also seen more cross-licensing, and an increased focus on due diligence for patents set to be licensed.

We were proud sponsors of the annual Roth capital markets conference last week in Dana Point, CA. Procopio Capital Markets and Securities attorneys Christopher Tinen, Dennis Doucette and Caitlin Murphey joined Business Development Manager Amy Wimer at the invite-only event featuring executive management from approximately 500 private and public companies in a variety of growth sectors, including consumer, tech & media, sustainability & industrial growth, agtech, energy, metals & mining, healthcare, services and insurance. The conference featured 1-on-1 small group meetings, company presentations, analyst-selected fireside chats, and industry panels.

We were pleased to participate in the Arizona BioPreneur Conference at the Arizona State University Health Futures Center last week. Procopio life sciences attorney Helen Goldstein gave the opening keynote, and one session involved a fireside chat between our Emerging Growth & Venture Capital leader Roger Rappoport and Donald Laughlin, President and CEO, White Mountain Economic Development and Managing Director, EDGY.

We loved participating in the March Aquillius Catalyst Capital Symposium, this one focused on "Sustainability: Plastics, Energy, Food & Workforce," part of a California Life Sciences (CLS) Advantage Supplier Showcase. IP Partner Noel Gillespie and Corporate Partner Shai Larkin joined BD Manager Amy Wimer at the Aquilius San Diego hq. The day included an investor forum, four learning session presentations, five companies pitching, and opportunities for networking.

We enjoyed hosting a panel on the future of mobility in our Silicon Valley office March 12! Our IP Team leader Miku Mehta gave the opening keynote, and the panel included Hill88 CEO and Founder Steffen Bartschat, former Spin CEO Philip Reinckens, Honda Innovation Silicon Valley Senior Managing Director Raymond Zheng, Mercedes-Benz Research and Development North America Director of Data and AI Holger Endt, and Zoox Vice President of Autonomy Software Marc Wimmershoff. The event was organized by GABA Northern California and Keizai Silicon Valley.

We welcomed friends old and new to an informational networking event at our Del Mar Heights office earlier this month with the Corporate Directors Forum called Boardroom Brilliance. Our M&A practice co-leader Paul Johnson discussed M&A trends, including w/ artifiical intelligence, and our Capital Markets co-leader Christopher Tinen discussed the latest actions by the U.S. Securities and Exchange Commission.

Recently Partner Mindy Morton discussed what law firms can do to recruit and retain more female attorneys as part of a focus on International Women's Day in this video by the ChIPs Network. She noted the importance of targeting unconscious bias, adopting flexible work schedules, and encouraging mentorship and allyship. She also said she's in awe of some of the amazing young women attorneys Procopio has hired who are going to "change the world." Mindy joined Procopio's Management Committee on March 1 after a long tenure as leader of the firm's Diversity, Equity and Inclusion Committee, and leads the firm's Health Care and Trade Secrets practices. Procopio is a proud sponsor of ChIPs.

Let's Work Together.