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Harold S. Laidlaw

Associate

[email protected]

+1.212.692.6221

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Harold’s practice focuses on intellectual property and patent litigation. He has experience in a broad range of technology areas.

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)

Languages

- French

Recent Insights

News & Press

Viewpoints

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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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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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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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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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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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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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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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Supreme Court Shuts the Door on Patent Laches

March 21, 2017 | Blog | By Brad M Scheller, Harold Laidlaw

In a widely anticipated move with implications for patent litigation across the country, the Supreme Court ruled today that the equitable defense of laches is not available to limit damages in patent infringement cases subject to the six-year damages limitation of 35 U.S.C. § 286.
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Think you’ve won on validity at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) and your claims are safe on appeal? “Not so fast,” says the Federal Circuit in Software Rights Archive, LLC v. Facebook Inc., Nos. 2015-1649 through 2015-1563 (Fed. Cir., Sep. 9, 2016) (nonprecedential) (per curiam).
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Even After Enfish, Alice Still Casts a Shadow at the PTAB

June 6, 2016 | Blog | By Brad M Scheller, Harold Laidlaw

When it comes to Enfish, the PTAB may have just indicated that it prefers to cut bait. In Informatica Corp. v. Protegrity Corp., CBM2015-0021 (May 31, 2016), the PTAB held that U.S. Patent No 6,321,201 was void under Alice despite the Federal Circuit’s recent holding in Enfish v. Microsoft.
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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.