The post Discretionary Denial: USPTO Director Denies Review in Magnolia Medical v. Kurin appeared first on Dority & Manning.
]]>The Director began with a review of the legislative history of the America Invents Act (AIA) and noted that Congress intended AIA reviews for the purpose of narrowing patent disputes and not to “create another forum where litigation can be expanded.” Reviewing historical data, however, the Director noted that AIA review has been used instead for harassment including multiple challenges to the same patent and assertions of inconsistent positions. Instead of helping to protect small, U.S.-based manufacturers, the Director found that AIA review has been used largely by “market dominant companies” and also by foreign governments. The Director further noted that public interest rather than private interests, are to be considered in promulgating rules related to AIA review, and commented: “In short, discretion is afforded to ensure fairness, efficiency, and predictability in patent disputes in a focused inter partes context—as Congress envisioned—as distinct from the broad adjudication of private disputes in district court litigation.”
Against this backdrop, the Director turned to the case at hand and concluded Magnolia’s petition was outside the purposes of AIA review because it was not an attempt “to use the Board as an alternative to litigation but instead is using the IPR process to obtain a second bite at the apple after losing in district court.” The parties had expended “substantial resources” in the district court action on the same issues presented by Magnolia’s petition, which was filed after the district court precluded testimony from Magnolia’s expert on invalidity. Thus, the Director denied the Petition noting that Magnolia had the opportunity to challenge the patent at the district court level and its attempt to use AIA review for “a second bite at the apple” was difficult to “square with Congress’s intent.”
About Dority & Manning
Dority & Manning is a leading full-service intellectual property law firm with over 80 IP professionals across Greenville, SC, Raleigh-Durham, NC, and Seattle, WA. Committed to delivering outcome-focused, efficient, and innovative solutions, Dority & Manning tailors its services to address the unique needs of each client.
Learn more about Dority & Manning
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]]>The post Dority & Manning Announces New Principals: Jennifer Ulsh, Yama Nezam, and Kathrynn Lyddane appeared first on Dority & Manning.
]]>Jennifer L. Ulsh
Jennifer Ulsh is recognized for her sharp legal instincts, creative problem-solving, and deep-rooted commitment to the firm’s clients. She focuses on global patent prosecution and portfolio management for large multinational corporations, with a particular passion for inventors whose work drives positive global impact.
Jennifer leads multidisciplinary teams in managing complex portfolios involving autonomous vehicles, robotics, quantum computing, and 5G networks. Leveraging her strong technical background, she excels at translating complex innovations into robust intellectual property assets, consistently delivering solution-oriented strategies tailored to her clients’ unique commercial objectives.
Her academic credentials include a Bachelor of Science with high honors and a Master of Science in Electrical Engineering from Clemson University, followed by a J.D. with honors from Campbell University.
Yama D. Nezam
Yama Nezam brings a sophisticated commercial perspective and a deep understanding of complex electrical and computer-implemented technologies to the Dority & Manning team. Functioning as a trusted business advisor, Yama excels at aligning intellectual property strategies with his clients’ broader corporate objectives to maximize asset value. His practice focuses on building high-impact patent portfolios for a diverse range of domestic and international clients, from high-growth startups to Fortune 500 corporations.
Yama’s technical proficiency is particularly strong in telecommunications, artificial intelligence, and applied machine learning for autonomous systems.
Yama holds a Bachelor of Science in Electrical Engineering with distinction from the University of Virginia and a J.D. from George Mason University School of Law.
Kathrynn M. Lyddane
Kathrynn (Katie) Lyddane offers a unique perspective to the firm’s biomedical and mechanical practices, shaped by her five-year tenure as a Patent Examiner at the U.S. Patent and Trademark Office. This experience provides her with a deep understanding of the patent examination process, enabling her to anticipate examiner perspectives, proactively address prosecution challenges, and efficiently secure robust patent protection for her clients.
Katie’s practice is remarkably comprehensive, encompassing patent prosecution, IP litigation, licensing agreements, and strategic trademark management. She is particularly adept at navigating the intersection of biomedical and electromechanical technologies, including medical device innovation. Her collaborative approach and strategic counsel ensure that clients’ global IP assets are both protected and leveraged for growth.
Katie holds a Bachelor of Science in Biomedical Engineering from the University of Virginia and a J.D. with honors from George Washington University.
About Dority & Manning
Dority & Manning is a leading full-service intellectual property law firm with over 85 IP professionals across multiple offices. Committed to delivering outcome-focused, efficient, and innovative solutions, Dority & Manning tailors its services to address the unique needs of each client.
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]]>The post BSH Hausgeräte v. Electrolux appeared first on Dority & Manning.
]]>In October, 2025, Onesta IP filed suit against BMW in a German court alleging infringement of US patents. In turn, BMW filed suit in the WDTX seeking injunctive relief prohibiting Onesta from pursuing the German case. Perhaps unsurprisingly, US District Court Judge Alan Albright granted a TRO to BMW, which he converted into an anti-suit injunction against Onesta on January 13, 2026.
On Friday, January 16, the Federal Circuit temporarily stayed U.S. District Judge Alan Albright’s injunction while Onesta appeals. In the meantime, Onesta can continue the German case.
The two patents asserted by Onesta are U.S. Patent Nos. 8,854,381 (the ’381 patent) and 8,443,209 (the ’209 patent) and relate to computing and graphical displays allegedly used in BMW’s cars. Onesta previously asserted the patents against chip makers in the International Trade Commission, Western District of Texas, Eastern District of Texas and dealt with IPR challenges in the U.S. Patent Trial and Appeal Board. The ITC and PTAB have issued decisions questioning the validity of some of the 381’s claims. It appears that Onesta may be attempting an end-run on these decisions by suing the end-user, BMW, in Germany and threatening an injunction.
Aside from the issues that arise due to the adjudication of a US patent by a foreign court, another concern the BSH Hausgeräte v. Electrolux decision creates is how this potential option may be further embraced by NPEs.
About Dority & Manning
Dority & Manning is a leading full-service intellectual property law firm with over 80 IP professionals across Greenville, SC, Raleigh-Durham, NC, Seattle, WA, and San Diego, CA. Committed to delivering outcome-focused, efficient, and innovative solutions, Dority & Manning tailors its services to address the unique needs of each client.
Learn more about Dority & Manning
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]]>The post Second Circuit Affirms Dismissal of Ripple Analytics’ Trademark Suit Against Rippling appeared first on Dority & Manning.
]]>The Second Circuit upheld the dismissal of Ripple Analytics’ trademark infringement claims, holding that Ripple’s CEO Noah Pusey, not the company itself, was the actual owner of the trademark at issue. As a result, Ripple was not the proper party to bring the suit.
The panel also rejected Ripple’s attempt to amend its complaint as futile, finding that the proposed change would not remedy Ripple’s standing defect. In its ruling, the Court noted that trademark claims must be prosecuted by the real party in interest, and Ripple had “unambiguously assigned all of its rights in any intellectual property, including trademarks, to Pusey.”
Dority & Manning proudly recognizes Tim Williams and Jason Pittman for their efforts as Rippling’s defense team before the Eastern District of New York and their collaboration with Jeremy Bylund of Willkie Farr & Gallagher LLP, who argued on Rippling’s behalf before the Second Circuit Court of Appeals.
Read the Second Circuit for the U.S. Court of Appeals decision here.
Read the EDNY Court Opinion here.
About Dority & Manning
Dority & Manning is a leading full-service intellectual property law firm with over 80 IP professionals across Greenville, SC, Raleigh-Durham, NC, Seattle, WA, and San Diego, CA. Committed to delivering outcome-focused, efficient, and innovative solutions, Dority & Manning tailors its services to address the unique needs of each client.
Learn more about Dority & Manning
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]]>The post Dority & Manning Leads “Unlock Your IP” Workshop for Entrepreneurs at NextGEN Greenville appeared first on Dority & Manning.
]]>Led by Erik Sivertson and Lillian Fant, the session offered a high-level overview of the different forms of IP (trade secrets, patents, trademarks, copyrights) and highlighted common pain points for entrepreneurs.
When asked about her motivation for partnering with NextGEN, Lillian shared:
As someone who grew up in Greenville, I’m incredibly proud to call this community home, which makes giving back especially meaningful. Partnering with NextGEN Greenville was a fantastic opportunity to connect with local entrepreneurs on how to safeguard their innovations, covering the fundamentals of IP protection and clarifying when to best engage an attorney for help.”
Attendees gained practical insights into what they can protect as well as flagging when they should seek expert legal advice. Dority & Manning is proud to support Greenville’s thriving start-up community and contribute to its ongoing innovation and success.
About the Presenters
Erik Sivertson has experience managing global patent portfolios for clients within a wide range of industries. He works with U.S. and international clients to offer expert counsel and develop successful patent prosecution strategies to advance their commercial agenda. His practice focuses on electrical and computer-implemented subject matter, with experience spanning various segments of this industry including software, AI/ML, business intelligence, IoT, 5G telecommunications, and autonomous robotics. Erik serves as outside counsel for the world’s largest ridesharing company. Additionally, he works with companies developing state-of-the-art technologies for emerging industries including electric aircraft.
Lillian Fant represents a variety of clients, from small, start-up organizations to large, Fortune 100 corporations. Lillian drafts and prosecutes patent applications within the electrical and software arts, specifically focusing on technologies such as computer hardware and software, autonomous vehicles, 5G networks, robotics, and electronic devices & components.
Learn More About Dority & Manning
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]]>The post Neil Batavia and Erik Sivertson Named IAM Strategy 300 Global Leaders appeared first on Dority & Manning.
]]>The IAM Strategy 300 features “first-class IP strategists” from major markets across North America, Europe, and Asia. Inclusion in this year’s list underscores each individual’s ability to take IP portfolio management “to the next level.” As IAM notes, these leaders are “developing and implementing strategies that maximize the value of IP portfolios.”
As co-managing principal at Dority & Manning, Neil is recognized by IAM as the team’s “creative thinker and visionary.” He advises clients ranging from soon-to-be unicorn startups to Fortune 100 tech giants, collaborating with global software firms specializing in AI/ML and cutting-edge sectors such as autonomous driving, fintech, blockchain, and quantum computing.
By assessing technological impacts, market trends, and competitive dynamics, Neil expertly crafts IP strategies that blend foresight and pragmatism which consistently contribute to his clients’ success.
A principal at Dority & Manning, Erik brings deep expertise in patent portfolio development and IP strategy for both software and hardware technologies. Recognized by IAM for delivering “thoughtful, prompt, and excellent service,” he serves as outside counsel for the world’s largest ridesharing company and partners with companies developing state-of-the-art technologies such as electric aircraft.
Erik creates tailored IP strategies that align clients’ immediate needs and long-term business objectives. His foresight enables clients to build resilient, high-value IP portfolios in rapidly evolving markets.
About Dority & Manning
Dority & Manning is a leading full-service intellectual property law firm with over 80 IP professionals across Greenville, SC, Raleigh-Durham, NC, Seattle, WA, and San Diego, CA. Dority & Manning represents clients in diverse technical fields ranging from Life Sciences and Computer Science to Mechanical Engineering, providing a wide range of services including patent and trademark prosecution, portfolio management, opinions of counsel, M&A due diligence, licensing, and litigation.
Learn more about Dority & Manning
About IAM
IAM is a global publisher of data and analysis on intellectual property. IAM conducts research annually to identify leading individuals in the development and implementation of IP portfolio strategies.
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]]>The post Dority & Manning Announces New Principals: Scott Cole, Matthew Delulio, J. Crockett Hailey, and Matthew Sutch appeared first on Dority & Manning.
]]>Scott Cole
Scott brings extensive experience to Dority & Manning, having managed a wide range of IP litigation matters, including offensive and defensive patent litigation strategies, reexamination and inter partes review proceedings, researching and preparing opinions of counsel on patentability, invalidity, and infringement, and providing advice and coordinating responses to allegations of infringement.
Scott has been instrumental in guiding clients through complex IP litigations involving patents, trademarks, and trade secrets. His strategic approach has benefited clients across diverse industries, including telecommunications, e-commerce, aerospace, and medical devices.
Scott graduated from Purdue University with a Bachelor of Science in Civil Engineering and earned a Juris Doctor from Chicago-Kent College of Law.
Matthew Delulio
Matthew has technical experience in the mechanical and electrical fields, providing patent support for a variety of technologies including fiber optics, power tools, automotive and aerospace systems, downhole drilling and oil exploration, fluid systems, semiconductors, and electrochromic devices. Mathew works closely with industrial leaders to develop robust IP strategies that safeguard profit streams and carve out market niches.
In addition to patent preparation and prosecution, Matthew counsels clients on a wide range of IP matters and has extensive experience in trademark preparations and prosecution. His creative and strategic approach to intellectual property law allows him to develop IP protections that extend beyond the original concept.
Matthew received a Bachelor of Science in Mechanical Engineering from the Georgia Institute of Technology and earned his Juris Doctor from Tulane University School of Law.
J. Crockett Hailey
Crockett provides strategic patent portfolio management for clients in the electromechanical and mechanical arts. His technical experience spans a wide range of technologies, including heating and cooling systems, defense technologies, medical treatment and rehabilitation devices, automotive components, lighting systems, gaming devices, power tools, and power generation systems.
Known for his collaborative, business-oriented approach, Crockett partners closely with clients to function as an extension of their internal teams, delivering innovative and practical IP strategies tailored to support long-term objectives.
Crockett holds a Bachelor of Science degree in Mechanical Engineering from Mississippi State University and a Juris Doctor from the University of Alabama School of Law.
Matthew Sutch
Matthew focuses his practice on U.S. and international patent procurement and global IP portfolio management within the electromechanical and mechanical arts. His technical experience spans various technologies, including power generation systems, aviation systems, control systems, automotive components, power tools, agricultural equipment, and consumer appliances.
As leader of the firm’s U.S. Inbound Filings team, Matthew plays a key role in assisting clients from a wide range of global jurisdictions in navigating the complexities of securing and maintaining patent rights within the U.S. By demonstrating cultural integrity and understanding the dynamic needs of international clientele, Matthew successfully advances Dority & Manning’s global presence. Matthew prioritizes communication and collaboration to develop IP strategies that align with each client’s business goals and support lasting success.
Matthew graduated cum laude from Clemson University with a Bachelor of Science in Mechanical Engineering and earned his Juris Doctor from Michigan State University College of Law.
About Dority & Manning
Dority & Manning is a leading full-service intellectual property law firm with over 85 IP professionals across Greenville, SC; Raleigh-Durham, NC; Seattle, WA; and, San Diego, CA. Committed to delivering outcome-focused, efficient, and innovative solutions, Dority & Manning tailors its services to address the unique needs of each client.
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]]>The post Dority & Manning’s 2025 Day of Giving: Building Stronger Communities appeared first on Dority & Manning.
]]>Across the country, our attorneys, agents, and support staff stepped away from their desks to engage in hands-on service within their local communities. From environmental restoration to supporting families in need, the work spanned a wide range of causes, all rooted in a shared commitment to giving back. In total, team members contributed 271.5 volunteer hours which is the equivalent of nearly 29 full workdays.
Participation spanned every Dority & Manning office, including Greenville, SC; Raleigh-Durham, NC; Seattle, WA; and San Diego, CA.
Dority & Manning partnered with a wide range of nonprofit organizations, including:
- Habitat for Humanity
- Ronald McDonald House Charities
- Harvest Hope
- Safe Harbor
- Conestee Nature Preserve
- City of Greenville Parks
- ReStore (Raleigh)
- Treehouse (Seattle)
- San Diego River Park Foundation
- Austin Beautiful
Looking back on this year’s Day of Giving, we’re proud of what we accomplished together, and even more energized by what lies ahead. This initiative marks the beginning of a tradition we’re excited to grow, one that strengthens our communities while deepening the connections that make our work meaningful.
Interested in Joining Our Team? Visit our careers page to view open positions and grow your career at a firm dedicated to purpose-driven work.
Explore Our Firm’s Values to learn more about what drives us.
About Dority & Manning
Dority & Manning is a leading full-service intellectual property law firm with over 80 IP professionals. Dority & Manning is known to be a relationship-centered firm that delivers outcome-focused, efficient, and innovative solutions that are customized to meet the unique needs of each client.
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]]>The post Dority & Manning Marks a Decade of Hosting AIPLA Women in IP Law Event appeared first on Dority & Manning.
]]>Greenville, S.C., April 3, 2025 – Dority & Manning proudly hosted the AIPLA Women in IP Law Global Networking Event, marking a significant milestone as the firm celebrated its 10th year as host and the 15th anniversary of this impactful event.
Hosted at The Upper Room in downtown Greenville, South Carolina, the evening was led by Maegen Stokes, a principal at Dority & Manning, who welcomed attendees for an evening filled with connection and inspiration.
This year’s event theme, Innovation and Collaboration, was brought to life through dynamic and interactive experiences. Attendees participated in hands-on cocktail and charcuterie-making experiences, offering unique opportunities to connect, exchange ideas, and celebrate the strength of the women in the IP profession.
About Dority & Manning
Dority & Manning is a leading full-service intellectual property law firm with over 80 IP professionals. Dority & Manning is known to be a relationship-centered firm that delivers outcome-focused, efficient, and innovative solutions that are customized to meet the unique needs of each client.
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]]>The post Dority & Manning Walks to Support Type 1 Diabetes Research appeared first on Dority & Manning.
]]>T1D is a complex condition requiring continuous management of blood sugar levels and presenting long-term health implications. Despite significant advancements, further research is essential to improve treatment options and work toward the ultimate goal of a cure. Events like this walk are critical to sustaining these efforts and driving progress in the field.
Dority & Manning is honored to be part of this important initiative, demonstrating our ongoing dedication to community engagement and advocacy. For more information about Type 1 Diabetes and how to get involved, visit www.breakthrought1d.org.
About Dority & Manning
Dority & Manning is a leading full-service intellectual property law firm with over 80 IP professionals. Dority & Manning is known to be a relationship-centered firm that delivers outcome-focused, efficient, and innovative solutions that are customized to meet the unique needs of each client.
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