News Events Publications
Your search has 318 results
5 of 267
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 1000 – The 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.
- Functional Defined Antibody Claims Invalid for Lack of Written Description
5 of 51
Marsha K. Hoover has Become a Regular Contributor to InsideCounsel Magazine
July 22, 2014
Partner Marsha K. Hoover has become a regular contributor to InsideCounsel and will author a series of articles discussing current issues in trademark law.
Eric M. Brusca Authors Series of Articles for InsideCounsel Magazine
July 8, 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.
Gass Authors Law360 Article "USPTO Training Memo Lacks Sound Basis in the Law"
June 12, 2014
In "USPTO Training Memo Lacks Sound Basis in the Law," published in Law360 on June 12, 2014, David A. Gass expands on his earlier critique of the U.S. Patent and Trademark Office’s March 4, 2014, memorandum to patent examiners. The memorandum outlines the procedure that all patent examiners are instructed to follow when evaluating patent eligibility under 35 USC Section 101 and attempts to interpret the Supreme Court’s Mayo, Myriad and Diamond v. Chakrabarty decisions pertaining to patent-eligibility of biotechnology processes and biochemical compositions.
Cox Authors Article on the Future of Non-Profit Technology Transfer for Intellectual Asset Management Magazine
Intellectual Asset Management Magazine
April 1, 2014
In "A vision of the future for non-profit technology transfer," published in Intellectual Asset Management Magazine’s March/April 2014 issue, Pamela L. Cox engages four leaders to discuss their outlooks for the profession.
Sandip H. Patel Authors Series of Articles for InsideCounsel Magazine
March 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.
- Marsha K. Hoover has Become a Regular Contributor to InsideCounsel Magazine