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Marshall, Gerstein & Borun Partners Listed Among 2015 "Best Lawyers in America"
August 19, 2014
Marshall, Gerstein & Borun LLP is pleased to announce that five partners have been named to the 2015 edition of The Best Lawyers in America©. Published since 1983, Best Lawyers is called "the definitive guide to legal excellence" because it is based on over four million detailed evaluations of lawyers by other lawyers. Lawyers are selected for inclusion on the Best Lawyers in America list based exclusively on merit. They are reviewed by their peers on the basis of professional experience, and undergo an authentication process to make sure they are in current practice and in good standing.
Marshall, Gerstein & Borun Shortlisted for 10 LMG Life Sciences Awards
Secures 5 Nominations in IP Litigation
August 4, 2014
Marshall, Gerstein & Borun LLP is pleased to announce that the Firm has been shortlisted in 10 categories for the second annual LMG Life Sciences Awards which honor the very best life sciences practitioners and firms over the past 12 months from the United States, Canada and Europe.
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.
- Marshall, Gerstein & Borun Partners Listed Among 2015 "Best Lawyers in America"
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Eric M. Brusca Authors Series of Articles for InsideCounsel Magazine
August 5, 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.
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.
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.
- Eric M. Brusca Authors Series of Articles for InsideCounsel Magazine