ARE Patent Alert: Supreme Court Holds That Naturally Occuring DNA Sequences Are Not Patent-Eligible But cDNA May Be Patented
On June 13, 2013, in Association for Molecular Pathology v. Myriad Genetics, Inc, No. 12-398, the Supreme Court unanimously ruled that Myriads claim to isolated naturally occurring human DNA sequences are not eligible for patent protection. By contrast, the Court ruled that Myriad’s claims to cDNA, which includes DNA sequences that do not naturally occur […]
Largely Uncontested Portion of Plurality Opinion in U.S. Court of Appeals for Federal Circuit in CLS Bank International v. Alice Corp. Pty. Ltd. En Banc Decision Regarding Section 101 Follows Reasoning in NYIPLA Amicus Brief
Click here to read the article. – New York Intellectual Property Law Association Bulletin, April/May 2013
US jury properly relied upon second considerations of non-obviousness to overcome prima facie obviousness
Transocean Offshore Deepwater Drilling, Inc v Maersk Drilling USA, Inc, No 2011-1555, 2012 US App LEXIS 23486 (Fed Cir 15 November 2012) (‘Transocean IV’) Abstract The US Court of Appeals for the Federal Circuit in addressing the role of secondary considerations of non-obviousness and the weight to be accorded to them found no error […]
In The Press: Conference Addresses Current Issues For Corporate IP Counsel
IPWatch reports on presentations by partners Charles R. Macedo and Michael J. Kasdan at the World Congress Corporate IP Counsel Forum in New York City. Click here to read the article. Note: subscription required – Intellectual Property Watch, 22 March 2013
Brief for Amicus Curiae New York Intellectual Property Law Association in Association for Molecular Pathology v. Myriad Genetics, Inc. (U.S. Mar. 14, 2013)
Click to download PDF: "Brief for Amicus Curiae New York Intellectual Property Law Association in Association for Molecular Pathology v. Myriad Genetics, Inc. (U.S. Mar. 14, 2013)" The authors gratefully acknowledge the assistance of David P. Goldberg in the preparation of this brief.
In the Press: Why So Many Patent Filings Were Filed In The US On Or Before 15 March 2013
Why So Many Patent Filings Were Filed In The US On Or Before 15 March 2013 Attorney Charles Macedo addresses the question: Why did so many patent applicants rush to file patent applications before the America Invents Act (AIA) law changes went into effect – and what might happen if they didn’t? Click here to […]
ARE Trademark Law Alert: A New York District Court Requires Foreign Trademark Registrant to Cancel Registered Goods Filed Under Madrid Protocol for which No Bona Fide Intent-to-Use Can Be Shown
In Sandro Andy, S.A., v. Light Inc. and Alice Sim, the Southern District of New York concluded that a foreign trademark registrant must cancel registered goods filed under The Madrid Protocol, where no bona fide intent-to-use in the U.S.A. can be shown. Under the Madrid Protocol, a party can file an application for an International […]
In the Press:LexisNexis Interviews Partner Charles R. Macedo
A Path to Partner — An Interview on Patents, Research, Business Development and Passion with Charles Macedo Click here to read the article. – www.thisisreallaw.com, LexisNexis, 28 Jan 2013
First-To-File And First-To-Invent Priority: An American Historical Perspective
Since the time the USA was first formed, our founding fathers recognized that rewarding inventors with a limited monopoly on their invention in exchange for public disclosure was an important part of the American nation’s fabric. Indeed, the US Constitution included this power in Article I(8)(8), in the patents and copyright clause, and in 1790, […]
In the Press: Apple request for Samsung phone ban is denied
CNN Money turns to former partner Michael Kasdan for comments on Apple’s patent infringement case against Samsung: Regarding Judge Koh’s denial of Apple’s request for an injunction against the Samsung products found by the jury to infringe: "Obviously, this is a serious and surprising set-back for Apple and its legal team," said Michael Kasdan, a […]