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    • Functional Defined Antibody Claims Invalid for Lack of Written Description

      July 2, 2014

      The Federal Circuit decided AbbVie Deutschland GmBH & Co. v. Janssen Biotech, Inc., Docket No. 2013-1338 & -1346 (Fed. Cir. 2014) (Lourie, J.) on July 1, affirming a jury verdict of invalidity based on lack of written description. 

    • Internet Companies Streaming Copyrighted Television Broadcasts to Subscribers Must Pay Retransmission Fees

      June 26, 2014

      Yesterday, the Supreme Court issued its 6-3 decision in American Broadcasting Cos., Inc., et al. v. Aereo, Inc., f/k/a Bamboom Labs, Inc., holding that Aereo’s recording and transmission of the copyrighted works of petitioning television producers, distributors, and broadcasters constitutes public performance in violation of the Copyright Act of 1976, 17 U.S.C. § 101. American Broadcasting Cos., Inc. et. al. v. Aereo, Inc., f/k/a Bamboom Labs, Inc., No. 13-461, slip op. at 2 (June 25, 2014). In particular, the court held both that Aereo "performs" the copyrighted works by "transmit[ting] . . . a performance of the work” and that Aereo’s communications are delivered “to the public," despite Aereo’s use of individual, discrete communications and creation of personal copies of each broadcast for each subscribing viewer.

    • Supreme Court Declares Computer-Implemented Business Method Ineligible for Patent Protection, But Fails to Offer Clear Guidance For Future Cases

      June 19, 2014

      Today, the U.S. Supreme Court unanimously declared that claims to computer-implemented methods that add "nothing of substance" to an underlying abstract idea, are ineligible for patent protection.  Nevertheless, Justice Thomas, delivering the opinion for the Court, offered hope for proponents of business method and software patents that claims to certain computer-implemented inventions would continue to receive patent protection.  Proponents of patent  protection for business methods and software can also take some solace in the fact that the retirement of Justice Stevens has reduced to three the number of justices (i.e. Justices Sotomayor, Ginsburg and Breyer) advocating that business methods should be categorically ineligible for patent protection.

    • Compliance With FDA Labeling Requirements Does Not Bar False Advertising Claims By Competitors

      June 12, 2014

      Today, the Supreme Court issued its unanimous decision in POM Wonderful LLC v. Coca-Cola Co., holding that the federal Food, Drug and Cosmetic Act ("FDCA") does not preclude unfair competition actions under the Lanham Act against competitors’ misleading food and beverage labels. POM Wonderful LLC v. Coca-Cola Co., No. 12-761, slip op. at 2 (June 12, 2014). The Court found that the Lanham Act’s purpose to “protect persons engaged in [commerce within the control of Congress] against unfair competition” complements the FDCA’s primary purpose “to protect the health and safety of the public at large.”

    • Marshall, Gerstein & Borun Ranked as "Highly Recommended" in the 2014 IAM Patent 1000

      June 11, 2014

      Marshall, Gerstein & Borun is pleased to announce that its Transactions, Patent Prosecution, and Patent Litigation practices have received top national rankings in Intellectual Asset Management (IAM) magazine’s 2014 edition of the IAM Patent 1000The World's Leading Patent Practitioners, which identifies top patent firms and practitioners in key jurisdictions around the globe.  The Firm was ranked as highly recommended for transactions and prosecution and recommended for litigation.  The guide describes the Firm as "Business-oriented, client-centric and user-friendly," with "experienced teams across the patent spectrum."  Additionally, seven of the Firm’s partners were selected for inclusion as "top patent practitioners" and recognized individually in the guide.

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