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Harold S. Laidlaw

Associate

[email protected]

+1.212.692.6221

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Harold is an intellectual property attorney whose practice is focused on patent and trademark litigation. He handles cases in Federal District courts and at the International Trade Commission. Having worked as a software development engineer prior to entering law school, Harold has a technical background which is ideally suited to high tech patent litigation and is instrumental in cases involving heavy source code analysis.

Harold has been a key member of Mintz teams handling recent patent cases involving assembly and fastening technologies, electronic components, and content protection technology and cryptography technologies used in ultra-high definition digital video-capable devices. He has also been a central team member for trademark and cases involving consumer goods and the entertainment industry.

Harold also has extensive experience advising clients on open-source software license compliance issues, including those related to the GNU GPL and LGPL, and assists clients with software license drafting and assessment.

Prior to joining the firm, Harold worked as an associate in the IP Litigation Group at a global law firm in New York. He focused primarily on patent litigation with an emphasis on technical subject matter in computing and software.

During law school, Harold served as notes editor to the Annual Survey of American Law and as a legal volunteer at a nonprofit digital library in San Francisco. In addition, as a research assistant to two professors at the law school, he researched and drafted memoranda on technology-related topics.

Earlier, Harold worked as a software development engineer, designing and developing infrastructure software used to support millions of users.

Education

  • New York University (JD)
  • Princeton University (BA)

Experience

  • Certain Digital Video-Capable Devices and Components Thereof (337-TA-1224) — Representing Koninklijke Philips N.V. and Philips North America LLC as Complainants before the ITC and in a parallel District of Delaware action. The asserted patents claim foundational content-protection technology widely implemented in, for example, ultra-high definition digital video-capable devices using the HDCP 2.2 standard, such as computers, displays, and televisions.
  • Wildcat Licensing WI LLC v. General Motors et al., 1:19-cv-00833-MN-JLH, 1:19-cv-00834-MN-JLH, 1:19-cv-00839-MN-JLH, 1:19-cv-00840-MN-JLH ,1:19-cv-00842-MN-JLH, 1:19-cv-00843-MN-JLH, 1:19-cv-00844-MN-JLH, 1:19-cv-00845-MN-JLH, 1:19-cv-00846-MN-JLH) — Represented Wildcat Licensing WI LLC in the District of Delaware in several actions against major automotive manufacturers in patent litigation relating to foundational technologies in automated torque sequencing and fastening used, for example, to ensure safe and effective tightening of bolts in an appropriate sequence and to an appropriate torque to reduce structural failure risks.
  • Umbra LLC v. OXO International, Ltd. (No: 1:19-cv-05955) — Represented plaintiff Umbra in a design patent infringement suit relating to Umbra’s patented design for its Tug paper towel holder. Managed case from beginning to end including drafting all filings through responsive claim construction briefing. Case settled on favorable terms for client.
  • American Technical Ceramics Corp. v. Presidio Components, Inc. (E.D.N.Y. No. 2-14-cv-06544) — Represented Plaintiffs American Technical Ceramics and AVX Corporation in a patent suit against Presidio Components relating to the infringement of ATC’s capacitor patents by Presidio. Case went to jury trial resulting in a finding of infringement and award of damages against Presidio and in favor of clients ATC and AVX.

Languages

- French

Recent Insights

News & Press

Viewpoints

Patent Litigation Viewpoint Thumbnail
In a recent decision in In Re Humira (Adalimumab) Antitrust Litigation), No. 19-cv-1873, Judge Shah of the Northern District of Illinois dismissed a consolidated class action complaint filed by U.S. purchasers of AbbVie Inc.’s blockbuster biologic drug Humira alleging that AbbVie had prevented manufacturers of competing biosimilar drugs (“biosimilars”) from entering the U.S. market in violation of federal and state antitrust laws.
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Trademark Copyright Viewpoints Thumbnail

First Amendment May Protect Use of Trademarks As Artistic Expression

May 27, 2020 | Blog | By Susan Neuberger Weller, Harold Laidlaw

In a recent decision from the Southern District of New York, Judge George B. Daniels held that the strong First Amendment interests in protecting free artistic expression warranted summary judgment that Activision Blizzard’s use of Humvee vehicle models in the blockbuster Call of Duty videogames was not a violation of the Lanham Act.
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Trademark Copyright Viewpoints Thumbnail
The Federal Circuit recently held in a precedential ruling that a “color mark” comprising a multiple-color pattern is capable of being inherently distinctive and of registration on the Principal Register, so long as it appears on product packaging rather than on a product itself.
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Intellectual Property Viewpoints Thumbnail

Adding Initials to a Surname Does Not Necessarily Create a Protected Trademark

March 26, 2020 | Blog | By Susan Neuberger Weller, Harold Laidlaw

In a recent precedential decision, the TTAB held that the addition of one initial —or possibly even more than one initial—in front of a surname does not necessarily create the impression of a personal name. Rather, the Board held that a surname plus one or more initials may remain “primarily a surname” and, as such, cannot be registered on the Principal Register without proof of acquired distinctiveness.
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Intellectual Property Viewpoints Thumbnail

2nd Circuit Affirms 5Pointz Whitewashing Violated Visual Artists Rights Act

March 25, 2020 | Blog | By Susan Neuberger Weller, Harold Laidlaw

The Second Circuit recently affirmed that a developer’s whitewashing of street art painted at the “5Pointz” warehouse complex in Long Island City was a violation of the Visual Artists Rights Act (“VARA,” codified at 17 U.S.C. § 106A).
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Intellectual Property Viewpoints Thumbnail
In a February 19, 2020 decision the Federal Circuit held that a patentee does not escape 35 U.S.C. § 287’s marking requirement merely by ceasing sales of the practicing product.  Instead, the Federal Circuit held that once a patentee (or its licensees) sell articles that practice the patent, the obligation to mark in order to obtain pre-suit damages continues regardless of whether sales of the product in question cease. 
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Intellectual Property Viewpoints Thumbnail
Mintz is recognized as among the top ten firms in ITC Section 337 litigation by Patexia in its inaugural "ITC Intelligence Report". We are pleased to be among the firms included in this publication and thrilled that it has come on the heels of a great year at the ITC for the Mintz team.
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Viewpoint Thumbnail
Earlier this week, the Supreme Court granted the State of Georgia’s petition to review the Eleventh Circuit’s decision in Code Revision Comm'n v. Public.Resource.Org, Inc., 906 F.3d 1229 (11th Cir. 2018). In that case, the Eleventh Circuit held that the privately-compiled but officially-sanctioned and adopted Official Code of Georgia Annotated (OCGA) was not protected by copyright under the “government edicts” doctrine.
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Viewpoint Thumbnail

Another Shoe Drops in the Qualcomm Patent Licensing Saga

May 24, 2019 | Blog | By Michael Renaud, Bruce Sokler, Rich Gervase, Harold Laidlaw

Just when observers thought Qualcomm could celebrate its successful litigation with Apple another decision has come down which could have major implications for Qualcomm’s business going forward.
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Viewpoint Thumbnail

U.S. Supreme Court Holds That Copyrights Must Be Registered before Plaintiffs Can File Infringement Suits

March 5, 2019 | Blog | By Susan Neuberger Weller, Andrew D. Skale, Harold Laidlaw

The U.S. Supreme Court held today that bringing a suit for copyright infringement requires that the infringed work actually be registered with the U.S. Copyright Office, and that a mere application for registration will not suffice.
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News & Press

This column, co-authored by Mintz’s Harold Laidlaw and Gurneet Singh, addresses the problem-solution approach to patent drafting examination in major economies abroad, as well as how recent court decisions encourage U.S. patent prosecutors to adopt similar approaches.