Danielle R. Mendelsohn

Stephen W. Feingold, Danielle R. Mendelsohn | Day Pitney LLP

Cases Dispelling The Myth In our fact pattern, if DJ filed a declaratory judgment action, C&D's first step would be to file a motion to dismiss in the court where DJ filed. The basis for dismissal would be that DJ filed an improper anticipatory filing. The cases also indicate that C&D...

Stephen W. Feingold, Marc A. Lieberstein, Danielle R. Mendelsohn | Day Pitney LLP

Intellectual Property law, like every discipline, contains certain "common wisdoms" or "myths" which simply do not correspond to the established precedent. One such common misperception is that when writing a cease and desist letter it is important not to be overly aggressive. The concern is that...