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Marshall, Gerstein & Borun Named a Top Patent Law Firm by Intellectual Property Today
March 7, 2014
Marshall, Gerstein & Borun LLP ranked in the top 20 percent of more than 280 law firms listed in Intellectual Property Today’s "Top Patent Firms" (March 2014). Firms are ranked according to the number of utility patents issued in 2013 where a firm or an individual with that firm is listed as the legal representative on the issued patent.
Important Recent Decision: Retailers Cannot be Sued for Inducing Infringement Based on Manufacturer's Product Manuals
March 7, 2014
In a significant recent decision for companies accused of indirect infringement with respect to products they sell that are manufactured by others, Judge Gilstrap of the Eastern District of Texas, held that the alleged resale of products that include manufacturer authored user guides does not expose retailers to claims of inducing infringement, despite allegations that the retailer was aware of the instructions included with the product. Tierra Intellectual Borinquen, Inc. v. ASUS Computer International, Inc. and OfficeMax, Inc., slip op. (E.D.Tx., March 4, 2014).
What Inventions are Eligible for Patenting? US PTO Issues New Guidelines for Examiners
March 6, 2014
On March 4, 2014, the U.S. Patent and Trademark Office (PTO) issued a memorandum to its patent examiners outlining patent eligibility under 35 USC §101. The 2014 memorandum is at least the sixth attempt in five years by the PTO to articulate the types of inventions that its Patent Examining Corps may consider as eligible for a patent, following related efforts in June 2013,July 2012, July 2010, January 2010, and August 2009. Only the 2013 memo is explicitly superseded by the newest memo.
Marshall, Gerstein & Borun Ranked Among World's Leading Trademark Firms
March 5, 2014
Marshall, Gerstein & Borun LLP has been ranked by Managing IP among the world’s leading trademark firms in 2014. The Firm was ranked nationally for Trademark Prosecution and Trademark Contentious work. The results are based on Managing IP’s World IP Survey, the industry’s oldest detailed analysis of leading intellectual property firms worldwide.
Supreme Court hears oral argument in two cases involving attorney fee awards in patent cases
February 28, 2014
The Supreme Court heard oral argument on February 26, 2014, in two cases concerning proper interpretation of 35 U.S.C. § 285, which provides that a court may award reasonable attorney fees to the prevailing party in a patent case “in exceptional cases.” In the first, the Court considered the standard itself – how a prevailing party can show a case is “exceptional” – and then considered the standard of review that should apply to decisions under the statute in the second.
- Marshall, Gerstein & Borun Named a Top Patent Law Firm by Intellectual Property Today
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Nielsen Authors Article in Life Sciences Intellectual Property Review Quarterly
Life Sciences Intellectual Property Review Quarterly
Matthew C. Nielsen has authored an article in Life Sciences Intellectual Property Review (LSIPR) Quarterly (Volume 1, Issue 2). In “Burden of Proof: U.S. Supreme Court Backs Licensees,” Mr. Nielsen discusses the Supreme Court’s recent decision in Medtronic, Inc. v. Mirowski Family Ventures, LLC, including its holding (reversing the Federal Circuit) that patent owners bear the burden of persuasion when a licensee raises the issue of non-infringement in a declaratory judgment action, and the implications for patent owners and licensees.
Sandip H. Patel Authors Series of Articles for InsideCounsel Magazine
February 18, 2014
Partner Sandip H. Patel is a regular contributor to InsideCounsel, authoring a series of articles on current issues in patent law. InsideCounsel is a monthly magazine published specifically for general counsel and other top in-house legal professionals.
Eric M. Brusca Authors Series of Articles for InsideCounsel Magazine
February 4, 2014
Partner Eric M. Brusca, Ph.D. is a regular contributor to InsideCounsel, authoring a series of articles discussing current issues in patent law.
For clients with biotech advancements in genomics and medical applications, Dr. Brusca prosecutes patent applications in the U.S. and supervises international prosecution. Dr. Brusca has extensively assisted his biotech clients with domestic and foreign patent prosecution, U.S. interference and foreign opposition proceedings, and non-infringement/validity opinions. He received his J.D. from The John Marshall Law School and has matched his legal experience with his deep technology background.
Julianne M. Hartzell Authors Series of Articles for InsideCounsel Magazine
December 17, 2013
Partner Julianne M. Hartzell has become a regular contributor to InsideCounsel and will author a series of articles discussing current issues in patent law.
Rupert Co-authors ACC Docket Article: "No More Freebies: A common sense approach to owning your innovations"
October 10, 2013
Marshall, Gerstein & Borun partner Donald W. Rupert co-authored an article titled "No More Freebies: A common Sense approach to owning your innovations," published in the September 2013 edition of the ACC Docket. The article addresses the many challenges companies face in ensuring they own their innovations, which arise from both the way innovations are developed and the way that companies do business. Using a hypothetical conversation between an in-house and outside counsel, the authors discuss these challenges and possible solutions for proactively securing ownership. To read the article in its entirety, click here.
- Nielsen Authors Article in Life Sciences Intellectual Property Review Quarterly