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Biotechnology Law Report
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  • Happy New Year 2017

    Elman Technology Law header
    Happy New Year 2017!

    Again we celebrate our focus on innovation by offering you a calendar with images from historic patents. Among the patented innovations illustrated in this year’s calendar are the zipper, the windshield wiper, and even a bread-loaf slicer. To request a printed or electronic copy, please complete the form below.

    Secure Cloud picture - used under BY-SA license

    We also offer information stemming from our involvement in internet law, with particular attention to cybersecurity. We recently gave talks on Cybersecurity Technical and Legal Challenges (You Can’t Just Check the Box) and on Privacy and Security for the Internet of Things.  You can download our slideshows for free here.

    Avoid Painful Fines When Handling Health Data

    This summer, the federal government stunned the healthcare industry by hitting a Catholic charity in Philadelphia with a $650,000 fine. The charity had sent workers to support local nursing homes. To streamline the work, the charity gave its workers cellphones into which data on the residents could be stored. Unfortunately, when a cellphone with medical data on 412 residents disappeared, the charity ran afoul of the Health Insurance Portability and Accountability Act (HIPAA). Even though the charity wasn’t itself a health care provider, it was considered a “Business Associate” of the nursing homes and was required to show it had done a risk analysis for protected health information. After learning that the charity hadn’t done so, the government levied this crushing fine for failing to meet the regulatory mandate. If you have access to anyone’s health data, even if you never go near a patient, be sure to build your business around HIPAA compliance and data security.

    If you’ve ever been told by a customer or client that you’re a HIPAA Business Associate, click here for some more information and to start a dialogue with me.

    Software Patents Get a Bandage

    The Supreme Court over the past few years has laid a terrific beating on software patents, positing that you can’t patent an Abstract Idea, even if it wasn’t obvious from the prior art. This year, the Federal Circuit has started to bind the wound, ruling that certain improvements to computer animation, internet content filtering, and distributed data processing could pass through the Court’s Abstract Idea filter. Though uncertainty still reigns, if your new software will improve the technology of data processing, consider making patents once more a part of your intellectual property strategy. Let’s discuss.

    Are Your “Things” Cybersecure?

    I am fascinated with the nexus of security, regulatory, and intellectual property law. A couple of weeks ago, I spoke to the TriState.IoT Meetup about that nexus in the Internet of Things. In the wake of the October attack that took down a slew of popular websites, talk of IoT security has morphed from “interesting discussion” to “pressing danger,” and I continue to stay at the forefront of these emerging issues.

    Recently I was invited to speak at the Industrial Fabrics Association International’s 2017 Expo in New Orleans. That’s because the same bedeviling knot of issues will soon tie up the emerging field of smart fabrics and wearables. As you design new internet-connected products and services, be sure to build-in security from the outset and consider the privacy implications of the data derived from them. Where security, regulation, and intellectual property meet, I’ll be there to help.

    Defend Your Trade Secrets

    This year, Congress enhanced federal law on intellectual property by passing the Defend Trade Secrets Act. To take advantage of these protections, it’s important to revise some language typical to confidentiality and employment agreements. Would you like me to help review yours?

    Best wishes for health, happiness, and prosperity in 2017.

    -Gerry

    Elman Technology Law, P.C. is a boutique law firm located in Media, Pennsylvania. Our cybersecurity practice is an outgrowth of our extensive experience with intellectual property (patents, trademarks, copyrights, trade secrets, licensing, and various protective agreements), and helping clients navigate the ever-changing landscape of online business law.

    Request a 2017 Patents Calendar / Contact Us

    To help you mark the coming days, we are pleased to offer a special calendar which we hope you will enjoy. Each month highlights a particular invention, and it shows the dates on which interesting United States patents were issued. Please complete the form below to provide or update your contact information. You'll then be able to download a digital copy of the monthly calendar in PDF format.

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    We value the opportunity to stay in touch with friends, colleagues and clients. Here's a message box where you can tell us what's new with you:

    IMPORTANT NOTE: Elman Technology Law has obtained permission to transmit to you a digital version of the 2017 Patents Calendar, for your personal use and enjoyment only. You agree not to distribute copies of the calendar file to others. (But please feel free to point others to this web page.)

    I acknowledge and accept the terms under which this digital copy of the Patents Calendar is offered.

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    IMPORTANT NOTE: This website is replete with links to various other sites on the World Wide Web. We provide them as a convenience to our readers, in support of the vision of Web pioneers who conceived of hypertext as a tool for linking virtually all recorded knowledge. However, we remind you that anything you get from following one of the outside links is beyond our control. Because the Web is a dynamic entity, some links may be outdated, and if that happens we would appreciate your telling us via the Contact Us form to the left. Also, the existence of a link on our site does not mean that we have any affiliation with the owner of the linked site, except as expressly stated on our page.

    The materials included in this website are for general information purposes only, may not reflect the most current legal developments, are not provided in the course of an attorney-client relationship, and do not constitute legal advice. There are not intended as a substitute for obtaining legal advice from legal counsel.

    Nothing on this site is intended as a solicitation for legal or patent business other than in accordance with the rules of the agencies and jurisdictions where we are licensed. If you do wish to use our services, please note that there will not be an attorney-client relationship between us until there is a signed letter of engagement. Do not send confidential information in any initial contacts with us.

    See also our Copyright/Trademark/Legal Notices which are also incorporated herein.

    2016 Martindale-Hubbell® Peer Review Rating of AV Preeminent® Gerry Elman has received a 2016 Martindale-Hubbell® Peer Review Rating of AV Preeminent®
    Clients’ Patents
    Click here to see patents we’ve filed for various companies and inventors.
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