April 28, 2017: The Spring Issue of Competition Policy International journal published an article authored by by Chief Judge Paul Michel (ret.) of the Federal Circuit and Matthew Dowd of Dowd PLLC. The article, titled The Need of "Innovation Certainty" at the Crossroads of Patent and Antitrust Law. The article can be viewed here.
February 28, 2017: Matthew Dowd successfully briefed and argued a case of first impression before the U.S. Court of Federal Claims. The case involves takings claims under the Fifth Amendment of the U.S. Constitution. The federal government, as defendant, had moved for summary judgment and argued that the takings claims of the plaintiffs (who are represented by Dowd PLLC of Washington, D.C., and Wesley Higbie, Esq., of Sausalito, CA) were foreclosed. The Court of Federal Claims rejected the government's argument, ruling that factual disputes preclude a grant of summary judgment. The case is set for trial in the fall of 2017. The court's decision can be read here.
February 7, 2017: The Criterion Journal on Innovation published an article authored by by Chief Judge Paul Michel (ret.) of the Federal Circuit and Matthew Dowd of Dowd PLLC. The article, titled Understanding the Errors of eBay, offered a critical analysis of the Supreme Court's decision in eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), and the adverse effects the decision has had on intellectual property during the past ten years. The article can be viewed here.
January 24, 2017: Dowd PLLC was counsel of record for Professors John Duffy and Richard Hynes in the Supreme Court case Impression Products, Inc. v. Lexmark International, LLC. The questions presented in the case address whether authorized sales exhaust, whether in the United States or in another country, exhaust a patentee's right in the patented product. A copy of the amicus brief is available here.
December 16, 2016: Dowd PLLC was counsel of record for Professors Gregory Dolin, Tara J. Helfman, Irina D. Manta, and Kristen Jacobsen in one of the most important cases concerning trademark protection and the First Amendment. In Lee v. Tam, the U.S. Patent & Trademark Office is contending that the trademark applicant's mark is disparaging and cannot be registered under Section 2(a) of the Lanham Act. Matthew Dowd filed the amicus brief on behalf of Professor Dolin and the other law professors detailing why the Section 2(a) is unconstitutional under the First Amendment. A copy of the amicus brief is available here.
October 5, 2016: IAM (Intellectual Asset Management) Magazine publishes an article co-authored by Chief Judge Paul Michel (ret.) of the Federal Circuit and Matthew Dowd of Dowd PLLC analyzing the critical U.S. Supreme Court decisions during the last ten years. (link, sub. req'd)
September 7, 2016: Matthew Dowd argued before the U.S. Court of Appeals for the Federal Circuit in an important appeal concerning the rights of an individual who submitted an innovative solution to the robocall problem. The appeal challenged the Federal Trade Commission's flawed decision in its 2013 Robocall Challenge prize competition, seeking solutions to block robocalls. The oral argument was covered in the news by Law360, with prior coverage in Government Executive.
September 1, 2016: Matthew Dowd achieves success in a criminal appeal before the D.C. Court of Appeals. In a unanimous opinion, the D.C. Court of Appeals ruled that our client received incorrect information about parole eligibility and is therefore entitled to a hearing on his motion to withdraw his guilty plea. Click herefor the opinion. This victory was highlighted by the D.C. Public Defender Service here.
August 22, 2016: Matthew Dowd is quoted in an article about a pending appeal before the U.S. Court of Appeals for the Federal Circuit concerning the client's legal challenge to a FTC Robocall Challenge prize competition under the America COMPETES Act of 2010.
July 8, 2016: Matthew Dowd was quoted in an in-depth article about the current state of patent law, title The Battle for Patent Law. (Link)
June 16, 2016: At his former firm, Matthew Dowd argues a pro bono case before the U.S. Court of Appeals for the Ninth Circuit before Judges Schroeder, Tashima, and Owens. The appeal challenged the district court's summary judgment in favor of the Commissioner of Social Security's decision to reduce the appellant's supplemental security income benefits under Title XVI of the Social Security Act. At the end of the oral argument, Judge Tashima commended Mr. Dowd for taking on the pro bono argument.
June 10, 2016: Matthew Dowd was quoted in an article on Law360 about effective brief writing, titled 5 IP Cliches You Need To Avoid. (link)
February 26, 2016: While at his former firm, Matthew Dowd was named to the Editorial Advisory Board for Law360. Mr. Dowd continues in this capacity. (Link)