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B&B Hardware v. Hargis Industries: Supreme Court Gives New Life to Preclusion in Trademark Proceedings and Other Agency Litigation


Speaker(s): Ira Jay Levy, Robert D. Carroll, William M. Jay
Recorded on: Apr. 14, 2015
PLI Program #: 142862

Rob Carroll is a partner in the firm’s Intellectual Property Litigation and Business Litigation groups. He has experience in complex commercial litigation and arbitration, appellate practice, and intellectual property litigation and counseling, including patent, copyright, trademark, false advertising and unfair competition matters. Mr. Carroll joined Goodwin Procter in 2005.

PROFESSIONAL ACTIVITIES

Mr. Carroll is a member of the Boston and American Bar Associations. He has provided pro bono legal services for asylum applicants from Africa, Asia, Europe and Latin America.

MEDIA

Mr. Carroll served as a faculty member in the Practising Law Institute’s (PLI) national Patent Litigation seminars in 2010 and 2011 in which he presented on “Recent Developments in Patent Law and Their Impact on Patent Litigation.” He also taught the PLI patent litigation briefing “Therasense: Reshaping the Inequitable Conduct Doctrine” in 2011. He is the co-author of “10 Simple Steps to Ensure Software Licensing Compliance,” IP Law 360 (2008) and “Electronic Trespass Requires Physical, Not Economic, Injury,” MediaLawLetter (2003), and author of “Connecticut Retrenches: A Proposal To Save the Affordable Housing Appeals Procedure,” 110 Yale L.J. 1247 (2001). From 2002 to 2004, Mr. Carroll edited revisions to Copyright Law: A Practitioner’s Guide (PLI 2001).

PROFESSIONAL EXPERIENCE

Before joining Goodwin Procter, Mr. Carroll was a litigation associate at the New York office of an international law firm. Before that, he served as a law clerk for then-Chief Judge Edward R. Becker of the U.S. Court of Appeals for the Third Circuit.

BAR AND COURT ADMISSIONS

Mr. Carroll is admitted to practice in Massachusetts and New York, and before the U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Second Circuit, U.S. District Court for the District of Massachusetts, U.S. District Courts for the Southern, Eastern and Northern Districts of New York, and U.S. District Court for the Eastern District of Texas.

RECOGNITION

While in law school, Mr. Carroll served as Book & Case Notes Editor of the Yale Law Journal and as an Articles Editor of the Yale Journal of International Law.


Ira Levy is a senior partner in Goodwin’s Litigation Department and a member of its Intellectual Property practice. He is recognized globally for his cross-disciplinary expertise, successfully first-chairing patent, trademark, copyright, false advertising, IP licensing and related matters for a wide array of industries and in a variety of technical disciplines. Mr. Levy is fluent across a variety of product categories and technical disciplines, and has extensive experience with disputes involving biotechnology, electrochemistry, and pharmaceuticals; electronics, computers and telecommunications; mechanical devices; industrial and consumer products; and the Internet, new media and e-commerce. 

Mr. Levy has handled as first chair numerous bench and jury trials in federal and state courts nationwide. He also has significant experience practicing before the U.S. Court of Appeals for the Federal Circuit, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board, Patent Trial and Appeal Board, and the United States Supreme Court. In addition to his litigation work, Mr. Levy works closely with the firm’s Business Law Practice counseling clients on general corporate matters involving intellectual property and the Internet, as well as transactional due diligence, and other licensing issues.

Mr. Levy presently serves as the lead director for Stomp Out Bullying, the leading national anti-bullying and anti-cyber-bullying organization, and on the advisory board of BUILD, a non-profit focused on bringing entrepreneurialism skills to at-risk high school students. He is past director of Love Our Children, USA, a not-for-profit focused on breaking the cycle of violence against children.  Mr. Levy has been an active member of the New York Intellectual Property Law Association, International Trademark Association, American Intellectual Property Law Association, Pharmaceutical Trademarks Group and the Legal Aid Society. He has also acted as pro bono counsel to the United Way of New York City and cyberangels.org., and is a past member of the Board of Directors of the New York Intellectual Property Law Association.

Mr. Levy is listed in New York Super Lawyers (2006 – 2018), The International Who’s Who of Trademark Lawyers, World Trademark Review 1000, Who’s Who Legal Patents, Who’s Who Legal Life Sciences: Patent Litigation, Euromoney’s Guide to the World’s Leading Experts in Patent Law and The Legal 500 and IAM Patent 1000 – The World’s Leading Patent Professionals (2014 – 2018).

Mr. Levy is a frequent speaker and has written numerous articles on the topics of intellectual property, patent, trademark and copyright laws that have appeared in The New York Law Journal and Metropolitan Corporate Counsel. He serves as the co-chair of the Practicing Law Institutes multi-day Advanced Licensing Program, as well as presenting on license litigation for other PLI programs.  He also authored chapters in Commercial Damages (published by Matthew Bender & Co.) and the Wiley Intellectual Property Law Update (published by Aspen Law & Business). Mr. Levy is also a regular presenter at AIPLA, INTA, NYSBA and NYIPLA events. In addition, he maintains an active roster of speaking engagements on intellectual property audit, portfolio development, strategy and management, and Internet and new media matters.  He also lectures on Trademark Licensing at Cornell Law School.

 


Willy Jay is a partner in the firm’s Litigation Department and a co-chair of its Appellate Litigation Practice. A former Assistant to the Solicitor General, Mr. Jay has extensive experience with litigation in the U.S. Supreme Court and U.S. Courts of Appeals. He has argued 11 cases before the Supreme Court, briefed more than 20 cases on the merits and briefed more than 150 cases at the certiorari stage. He also has significant experience with cases in the Court’s original jurisdiction.

Mr. Jay has handled cases in every federal court of appeals as well. He has personally briefed or argued more than 30 appellate cases, both in private practice and on behalf of the U.S. Department of Justice’s Environment, Criminal and Civil Divisions, and he has participated in numerous appellate matters involving government appeals or amicus participation.

Mr. Jay has particular experience in cases involving federal preemption of state law, environmental law, class action practice, and the First Amendment, including those involving campaign finance regulation, election law and constitutional challenges to public-corruption prosecutions.

WORK FOR CLIENTS

Since joining Goodwin Procter, Mr. Jay has handled complex litigation matters in the Supreme Court; in the First, Second, Third, Fourth, Fifth, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; and in various trial courts and administrative agencies. His recent significant representations include:

  • Successfully winning rehearing en banc in the First Circuit on behalf of a national bank in a putative nationwide class action, and co-authoring briefs that won a complete victory on rehearing en banc.
  • Briefing and orally arguing several significant issues of standing and timeliness under the Securities Act in the Fourth Circuit.
PROFESSIONAL EXPERIENCE

Prior to joining Goodwin Procter in 2012, Mr. Jay served for five years as Assistant to the Solicitor General at the U.S. Department of Justice. In that capacity, he handled Supreme Court and appellate matters for a wide variety of federal agencies, including every Cabinet Department and numerous executive and independent agencies. Previously, he was a litigation associate with Gibson, Dunn & Crutcher in its Appellate and Constitutional Law Practice Group.

BAR AND COURT ADMISSIONS

Mr. Jay is admitted to practice in the District of Columbia, in Virginia (inactive), and before numerous federal appellate courts.

RECOGNITION

As Assistant to the Solicitor General, Mr. Jay received the Attorney General’s Distinguished Service Award for his work on litigation arising from the bankruptcy of Chrysler, as well as a Special Commendation from the DOJ’s Environment and Natural Resources Division for his work on litigation involving oil drilling, invasive species and interstate water rights.

While in law school, Mr. Jay was executive editor of the Harvard Law Review.

EDUCATION
J.D., 2001
Harvard Law School
(magna cum laude)

A.B., 1998
Government
Harvard College
(magna cum laude)

CLERKSHIPS

2004-2005 U.S. Supreme Court, Honorable Antonin Scalia

U.S. Court of Appeals for the Ninth Circuit, Honorable Diarmuid F. O'Scannlain