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Intellectual Property

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 […]

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 […]

Intellectual Property and Patent Litigation Group

Federal Circuit Holds That Process for Distributing Copyrighted Products Over the Internet Can Be Patented

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 […]

Intellectual Property and Patent Litigation Group

Draft License and Settlement Agreements Carefully: Covenant Not to Sue Can Bar Future Litigation on Continuation Patents

Draft License and Settlement Agreements Carefully: Covenant Not to Sue Can Bar Future Litigation on Continuation Patents Patent and Technology trial lawyer Stan Gibson discusses the importance of precise language in a covenant not to sue. Covenants not to sue are frequently included in license and settlement agreements. The impact of a covenant not to […]

Intellectual Property and Patent Litigation Group

Avoiding Means-Plus-Function in the Up and Down World of Elevators

Avoiding Means-Plus-Function in the Up and Down World of Elevators Patent and Technology trial lawyer Stan Gibson discusses how means-plus-function limitations can put patent holders at a disadvantage. Mean-plus-function limitations in patent claims require special construction and can result in narrow patent claims that may not be beneficial to patent owners. As a result, many […]

Intellectual Property and Patent Litigation Group

Supreme Court Re-Affirms That Inventors Own Their Inventions

Supreme Court Re-Affirms That Inventors Own Their Inventions Patent and Technology trial lawyer Stan Gibson discusses last week’s Supreme Court decision, and explains why patent holders should review assignment agreements for language that may prove ineffective in court. Last week, the United States Supreme Court issued its decision in Leland Stanford Junior University v. Roche […]

Intellectual Property and Patent Litigation Group

Are Methods For Medical Treatments Patentable?  Yes—As Long As They Are Transformative

Are Methods For Medical Treatments Patentable? Yes—as As Long As They Are Transformative Patent and Technology trial lawyer Stan Gibson discusses the validity of patents covering methods for medical treatment. After the United States Supreme Court’s decision in the Bilski v. Kappos case, it became unclear whether patents purporting to protect methods for medical treatment […]