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Joseph W. Bauer is an associate attorney for Merchant &amp; Gould’s Minneapolis, MN, office. As an intellectual property attorney, Joseph focuses his practice on patent law for clients in the electrical engineering, computer engineering and software spaces.

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<p class="wp-block-contentpilot-introduction">Joseph W. Bauer is an associate attorney for Merchant &amp; Gould’s Minneapolis, MN, office. As an intellectual property attorney, Joseph focuses his practice on patent law for clients in the electrical engineering, computer engineering and software spaces.</p>

Serving Organizations in the Electrical &amp; Software Industries

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<h2>Serving Organizations in the Electrical &amp; Software Industries</h2>

From new computer programs to medical devices, Joseph strategizes on behalf of inventors and organizations to protect their ideas and inventions. In his practice, he works to prepare patents and supports you through the application process. Joseph also prosecutes patents, arguing the patentability of your invention or idea on your behalf.

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<p>From new computer programs to medical devices, Joseph strategizes on behalf of inventors and organizations to protect their ideas and inventions. In his practice, he works to prepare patents and supports you through the application process. Joseph also prosecutes patents, arguing the patentability of your invention or idea on your behalf.</p>

Joseph believes that business and law should work together for the best protection. He looks at the big picture, ensuring your patent strategy is legally secure for the future of your business.

<p>Joseph believes that business and law should work together for the best protection. He looks at the big picture, ensuring your patent strategy is legally secure for the future of your business.</p>

Leading With Knowledge in the Law, Engineering &amp; Science

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<h2 class="wp-block-heading">Leading With Knowledge in the Law, Engineering &amp; Science</h2>


<h2>Leading With Knowledge in the Law, Engineering &amp; Science</h2>

Joseph attended undergrad at the University of Wisconsin-Madison, obtaining a double major in Computer Engineering and Computer Science. This background helps him understand the technical aspects of a wide variety of inventions. He’s able to develop legal strategies to encompass every detail included in your ideas.

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In a village of La Mancha, the name of which I have no desire to call to mind, there lived not long since one of those gentlemen that keep a lance in the lance-rack, an old buckler, a lean hack, and a greyhound for coursing.

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<p>Joseph attended undergrad at the University of Wisconsin-Madison, obtaining a double major in Computer Engineering and Computer Science. This background helps him understand the technical aspects of a wide variety of inventions. He’s able to develop legal strategies to encompass every detail included in your ideas.</p>

Joseph’s additional experience as a judicial extern for the US District Court of Minnesota has given him an inside look into the court process.

<p>Joseph’s additional experience as a judicial extern for the US District Court of Minnesota has given him an inside look into the court process.</p>

Joseph received his J.D. from the University of Iowa College of Law. He graduated with high distinction and received the Dean’s Award for Academic Excellence in Legal Analysis, Writing and Research. He also received the Faculty Award for Academic Excellence in Evidence and Trust &amp; Estates.

<p>Joseph received his J.D. from the University of Iowa College of Law. He graduated with high distinction and received the Dean’s Award for Academic Excellence in Legal Analysis, Writing and Research. He also received the Faculty Award for Academic Excellence in Evidence and Trust &amp; Estates.</p>

In addition to his educational experience, Joseph is also a member of the American Intellectual Property Law Association (AIPLA) and the Minnesota Intellectual Property Law Association (MIPLA). He’s dedicated to remaining up-to-date in the industry to provide you the best legal solutions.

<p>In addition to his educational experience, Joseph is also a member of the American Intellectual Property Law Association (AIPLA) and the Minnesota Intellectual Property Law Association (MIPLA). He’s dedicated to remaining up-to-date in the industry to provide you the best legal solutions.</p>

When Joseph isn’t working to protect your ideas, you’ll find him outside cross-country skiing, mountain biking or running.

<p>When Joseph isn’t working to protect your ideas, you’ll find him outside cross-country skiing, mountain biking or running.</p>

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<section class="wp-block-contentpilot-expand-more"><div class="wp-block-contentpilot-expand-more__excerpt is-visible" data-selector="expand-more"><p></p></div><div class="wp-block-contentpilot-expand-more__full-content" data-selector="expand-more"><h2>Leading With Knowledge in the Law, Engineering &amp; Science</h2><p>Joseph attended undergrad at the University of Wisconsin-Madison, obtaining a double major in Computer Engineering and Computer Science. This background helps him understand the technical aspects of a wide variety of inventions. He’s able to develop legal strategies to encompass every detail included in your ideas.</p><p>Joseph’s additional experience as a judicial extern for the US District Court of Minnesota has given him an inside look into the court process.</p><p>Joseph received his J.D. from the University of Iowa College of Law. He graduated with high distinction and received the Dean’s Award for Academic Excellence in Legal Analysis, Writing and Research. He also received the Faculty Award for Academic Excellence in Evidence and Trust &amp; Estates.</p><p>In addition to his educational experience, Joseph is also a member of the American Intellectual Property Law Association (AIPLA) and the Minnesota Intellectual Property Law Association (MIPLA). He’s dedicated to remaining up-to-date in the industry to provide you the best legal solutions.</p><p>When Joseph isn’t working to protect your ideas, you’ll find him outside cross-country skiing, mountain biking or running.</p></div><button class="wp-block-contentpilot-expand-more__more-button is-visible" data-selector="expand-more">Show More</button><button class="wp-block-contentpilot-expand-more__less-button" data-selector="expand-more">Show Less</button></section>

University of Iowa College of Law, J.D., 

University of Wisconsin-Madison, B.S. Computer Engineering, Computer Science

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Computer Technology

Electronics

Software & Information Technology

Telecommunications

Medical Devices

Semiconductors

Minneapolis


<p class="wp-block-contentpilot-introduction">Merchant & Gould is pleased to welcome four attorneys to its legal team, spanning two offices.  The new hires include Joseph Bauer and Sheila Niaz in Minneapolis, and Kristen Geary and Matthew Metcalfe in Denver. </p>



<p>“These four attorneys add IP experience and depth to the Electrical & Software Practice Group in Colorado and Minnesota, bringing fresh perspective to our clients.  We are excited to welcome them,” said Chris Leonard, Managing Director, CEO and Chairman of the Board, Merchant & Gould.</p>



<p><a href="/people/joseph-w-bauer/"><strong>Joseph W. Bauer</strong></a>, a Minneapolis associate, focuses his practice on patent law for clients in the electrical engineering, computer engineering and software spaces.  From new computer programs to medical devices, he works to prepare patents and prosecutes patents, arguing the patentability of each invention or idea.  Previously, he was a  judicial extern for the US District Court of Minnesota. Joseph received his B.S. in Computer Engineering and Computer Science from the University of Wisconsin, Madison, and his J.D. from the University of Iowa College of Law. </p>



<p><strong>Sheila S. Niaz</strong>, a Minneapolis associate, serves clients in the software and electrical industries. As a previous software engineer, she has the knowledge required to support companies in protecting their most technical ideas and inventions.  Sheila worked with Microsoft as a Senior Student Partner and was a Software Engineer for the SRF Consulting Group, Inc., where she developed apps to assist with GIS and CAD utilities.  Sheila received her B.S. in Computer Science from the University of St. Thomas, and her J.D. with a Certification in Patent Law from Mitchell Hamline School of Law.</p>



<p><strong><a href="/people/kristen-m-geary/">Kristen M. Geary</a></strong>, a Denver associate, works in a variety of fields from software to life sciences, preparing secure patents and litigating on behalf of clients’ rights.  As a former patent agent for General Electric, Kristen has experience in patent analysis, patent review and patent prosecution.  During law school, she worked as a law clerk at a boutique IP firm in Colorado and participated in Merchant & Gould’s summer associate program.  Kristen received her B.S. in Biochemistry from Denison University, and her J.D. with a certificate in IP law from the University of Denver Sturm College of Law. </p>



<p><strong><a href="/people/matthew-m-metcalfe/">Matthew M. Metcalfe</a></strong>, a Denver associate, focuses on patent prosecution, helping businesses secure patent protection for their intellectual property.  Working as a patent extern for the USPTO, he has seen what it takes to reach patentability. Plus, as a law clerk and summer associate for some of Houston’s largest firms, he gained hands-on experience in patent infringement.   Matthew received a B.S. in Electrical Engineering from the University of Texas, where he was also a member of the Institute of Electrical and Electronics Engineers (IEEE); and received his J.D. from the University of Houston Law Center.</p>


Merchant & Gould Welcomes Four Associates to Minneapolis and Denver Offices


<p class="wp-block-contentpilot-introduction">Merchant & Gould is pleased to welcome <a href="/people/joseph-w-bauer/">Joseph W. Bauer</a> to Minneapolis’ legal team. Joseph focuses his practice on patent law for clients in the electrical engineering, computer engineering and software spaces.</p>



<p>From new computer programs to medical devices, Joseph strategizes on behalf of inventors and organizations to protect their ideas and inventions.  In his practice, he works to prepare patents and supports clients through the application process. He also prosecutes patents, arguing the patentability of each invention or idea.</p>



<p>Joseph received his B.S. in Computer Engineering and Computer Science from the University of Wisconsin, Madison, and his J.D. from the University of Iowa College of Law.  His additional experience as a judicial extern for the US District Court of Minnesota has given him an inside look into the court process. He is also a member of the American Intellectual Property Law Association (AIPLA) and the Minnesota Intellectual Property Law Association (MIPLA).</p>



<p>“Joseph adds IP experience and depth to the Electrical & Software Practice Group in Minneapolis, while bringing his fresh perspective to our clients.  We are excited to welcome him here,” said Chris Leonard, Managing Director, CEO and Chairman of the Board, Merchant & Gould.</p>


Merchant & Gould Welcomes Associate Joseph Bauer to the Minneapolis Office

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<p class="" style="white-space:pre-wrap;">Last week, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in <a href="https://cafc.uscourts.gov/opinions-orders/22-1212.OPINION.10-18-2023_2207653.pdf"><em>Great Concepts, LLC v. Chutter, Inc.</em>, No. 2022-1212 (Oct. 18, 2023)</a>, on appeal from the Trademark Trial and Appeal Board. In 2010, Great Concepts’ counsel filed a combined Section 8 and 15 declaration with the USPTO, declaring in part that the DANTANNA’S mark was not involved in any pending legal proceeding. At the time of that filing, however, the mark was subject to both a cancellation action at the Board and a pending appeal from a trademark infringement lawsuit, both initiated by Chutter’s predecessor. Chutter then filed a new petition to cancel the DANTANNA’S mark in 2015, based on the fraudulent affidavit, which the Board ultimately granted in 2021. Great Concepts appealed to the Federal Circuit.</p>
<p class="" style="white-space:pre-wrap;">The Federal Circuit applied a de novo standard of review and reversed, finding the Board was not permitted to cancel the trademark registration based on the unambiguous language in the statute. Section 15 of the Lanham Act enables registered marks to acquire incontestable status after five consecutive years of use following registration—provided there is no pending proceeding involving the owner’s rights in the mark. 15 U.S.C. § 1065. Section 14, however, provides that even an incontestable mark may be canceled if “<em>its registration was obtained fraudulently</em>.” 15 U.S.C. § 1064(3) (emphasis added). For decades, the Board believed that it had the power to cancel a trademark after a fraudulent Section 15 declaration was filed in support of incontestability. <em>See Crown Wallcovering Corp. v. Wall Paper Mfrs. Ltd.</em>, 188 USPQ 141 (TTAB 1975); <em>see also Torres v. Cantine Torresella S.r.l</em>, 808 F.2d 46 (Fed. Cir. 1986) (“Fraud in obtaining renewal of a registration amounts to fraud in obtaining a registration within the meaning of section 14(c) of the Lanham Act.”).</p>
<p class="" style="white-space:pre-wrap;">Citing the plain and unambiguous language in the Lanham Act, the Court disagreed. It concluded that a declaration of incontestability is not filed in furtherance of obtaining a registration. And although incontestability is an important right—indeed, it is conclusive evidence of the mark’s validity—incontestability is still fundamentally different than registration. The Section 15 declaration filed by Great Concepts did not cause or even contribute to the issuance of the registration. Accordingly, the Court held the Section 15 declaration could not be the basis for canceling the mark under 15 U.S.C. § 1064(3).</p>
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Joseph W. Bauer

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