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2012 Newsletters

Intellectual Property and Patent Litigation Group The Federal Circuit Puts Another Nail in the Coffin of Declaratory Judgment Actions

The Federal Circuit Puts Another Nail in the Coffin of Declaratory Judgment Actions Patent and Technology trial lawyer Stan Gibson discusses why companies will forestall initiating defensive litigation unless they are fairly certain that an infringement action will be filed. Matthews International Corporation (“Matthews”) filed an action for declaratory judgment and injunctive relief based on an accusation […]

Intellectual Property and Patent Litigation Group The Federal Circuit Continues to Struggle to Define What Constitutes Patentable Subject Matter Under Section 101 After Bilski

The Federal Circuit Continues to Struggle to Define What Constitutes Patentable Subject Matter Under Section 101 After Bilski Patent and Technology trial lawyer Stan Gibson discusses the impact of Bilski on cases involving the patentability of processes and methods. Bancorp Services, LLC (“Bancorp”) owns two United States patents, the 5,926,792 (“the ‘792 patent”) and the 7,249,037 […]

Intellectual Property and Patent Litigation Group Are Medical Diagnostic Tests Patentable?  The United States Supreme Court Weighs in With the Mayo v. Prometheus Decision

Are Medical Diagnostic Tests Patentable? The United States Supreme Court Weighs in With the Mayo v. Prometheus Decision Patent and Technology trial lawyer Stan Gibson discusses a recent Supreme Court decision that calls into question the patentability of diagnostic methods. In a widely watched and anticipated decision, the United States Supreme Court reversed the Federal […]

Labor & Employment Labor Update: California Supreme Court Sides with Employers, Confirms Much-Needed Flexibility on Meal and Rest Break Obligations

Labor & Employment Client Alert California Supreme Court Sides with Employers, Confirms Much-Needed Flexibility on Meal and Rest Break Obligations By Travis Gemoets To view this article as a PDF, click here. Travis Gemoets, partner in JMBM’s Labor & Employment Group, discusses the California Supreme Court’s recent review on meal and rest break periods. For […]

Intellectual Property and Patent Litigation Group Doctor Excluded on Patent Application by Former Employer Wins Case to Correct Inventorship and Ownership and is Awarded Attorneys' Fees

Doctor Excluded on Patent Application by Former Employer Wins Case to Correct Inventorship and Ownership and is Awarded Attorneys’ Fees Patent and Technology trial lawyer Stan Gibson discusses the critical importance of identifying the correct inventors on a patent application. Dr. Olusegun Falana (Dr. Falana) filed a complaint against Kent State University ("Kent State") and […]

Intellectual Property and Patent Litigation Group Watch the Language of Your Consulting Agreements — Federal Circuit Holds That Consulting Agreement Did Not Convey Rights to Inventions Made During Consulting Term

Watch the Language of Your Consulting Agreements — Federal Circuit Holds That Consulting Agreement Did Not Convey Rights to Inventions Made During Consulting Term Patent and Technology trial lawyer Stan Gibson discusses the importance of drafting agreements to make sure intellectual property ownership is properly established. Abbott Point of Care Inc. ("Abbott") filed a complaint […]

Intellectual Property and Patent Litigation Group It's the New Year: Review Your Assignment Agreements or Risk Losing Your Future Intellectual Property Rights

It’s the New Year: Review Your Assignment Agreements or Risk Losing Your Future Intellectual Property Rights Patent and Technology trial lawyer Stan Gibson discusses how assignment agreements must be carefully drafted to make sure future rights are properly conveyed. At the close of 2011, the Federal Circuit once again issued an opinion that reemphasizes the […]