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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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
JMBM Tax Newsletter / Fall 2011 In the Fall 2011 edition of the JMBM Tax Newsletter, you will find the following articles: Top 10 Wealth Planning Mistakes Burton Mitchell and Jill Skinner address the 10 most common mistakes when it comes to estate planning. “When we review estate plans, there are some common mistakes we […]
Federal Circuit Holds That Process for Distributing Copyrighted Products Over the Internet Can Be Patented Patent and Technology trial lawyer Stan Gibson discusses the validity of patents covering methods for medical treatment. Breathing new life into the patentability of business methods that include steps for programming a computer, the Federal Circuit reversed a district court’s […]
JMBM Corporate Law Newsletter /Fall 2011 In the Fall 2011 edition of the JMBM Corporate Law Newsletter, you will find the following articles: Social Network Records as Corporate Records Bob Braun reviews the rules regarding the maintenance of Electronically Stored Information (ESI) and the responses to minimize the legal liability of a social network presence. […]
