Philly Tech Week has blossomed into an annual festival, with multiple events around the city celebrating innovation and technology. Tomorrow, one of them is at the doorstep of our law firm, and we’ll be a sponsor. Next month, we’ll also be speaking at a Chester County Bar Association lunchtime event on May 19. The topic [...]
Supreme Court, snowed by ACLU smear campaign, resurrects archaic requirement of “invention” as a test of patent eligibility.
In their decision June 13, 2013, in Association for Molecular Pathology v. Myriad Genetics, the Supreme Court seems to have been snowed by an anti-patent publicity campaign engineered by a brilliant but diabolical law professor and gullible lawyers at the venerable ACLU. The opinion of the Court resurrects an archaic requirement of "invention" that was [...]
Update Submitted on 2015/10/01 at 3:25 PM On September 28, 2015, the Court of Appeals for the Federal Circuit denied an appeal by MPHJ of a (second) federal district court order denying removal of Vermont's State Court case to federal court. Click here for the CAFC opinion. ------------------------------------------------------------------- Senator Patrick Leahy (D-VT) spearheaded the Leahy-Smith America Invents [...]
Pending Supreme Court Case Against Myriad Genetics Is Analyzed in Biotechnology Law Report New Rochelle, NY, May 22, 2013—A landmark case for the biotechnology industry awaits a Supreme Court ruling, expected in June, on whether polynucleotides isolated from human genes should continue to be subject to patent protection. On April 15, each side in the [...]
On May 30, 2012, the Court of Appeals for the Federal Circuit ("CAFC") put further gloss on the term "common sense" as used by the Supreme Court in the 2007 case of KSR v. Teleflex. This new case (Mintz v. Dietz & Watson) involved a patent on casings for hot dogs with a woven mesh [...]
Gerry Elman has been listed in the Super Lawyers 2012 magazine for Pennsylvania in the intellectual property category. [HTML2] Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer [...]
Two hearings have been scheduled by the US PTO on the effect of patents for Genetic Testing, to support the study that the PTO is mandated by the Leahy-Smith America Invents Act ("AIA") to generate for Congress. The first of the hearings is today. It will be broadcast via the Web. The second of the [...]
With hundreds of pages of documents published during in the Federal Register during the last few days, the USPTO has issued a series of proposed rules and an upcoming fee schedule to take effect next year. See America Invents Act implementation micro website.
Congress Passes “Patent Reform”—The America Invents Act As the editor of Elman’s Patent Reform News and chair of the Patent Legislation Committee of the Philadelphia Intellectual Property Law Association (PIPLA) for much of the past decade, I had a ringside seat this year as Congress gave a painful birth to the Leahy-Smith America Invents Act [...]
Flip over your June 2011 issue of BLR. The back cover features a spectacular illustration where I am fancifully transported into a science fiction story.