May 2011
1 post
Jointly Owned Intellectual Property
Often a place loaded with pitfalls, joint ownership is commonly misperceived to be a “fair” solution for situations involving multiple contributors. Consider a proposed partnership or merger where both parties want to have the ability to use the patent for any purpose. One might suggest one party keep the patent and to license it to the other party without any fees or royalties for a...
March 2011
1 post
Clean Energy: Have We Reached the Tipping Point?
Recently, clean technology has become a popular cause across society. Mainstream media and key corporations alike cover and support green energy programs and initiatives. But as we look forward, is the current wave of interest in clean energy strong enough to carry the issue to the forefront of global policy indefinitely? And, what impact will that have on us in the legal profession?
Even average...
January 2011
1 post
Excerpts from Interview with Climatologist Stephen...
Shortly before Stephen Schneider’s untimely passing, Jamal Modir, an associate at EcoTech Law Group, P.C., interviewed Mr. Schneider, a Stanford climatologist, author of Science as a Contact Sport, and co-recipient of the Nobel Peace Prize. The interview touched on issues ranging from the cleantech industry, to the government’s role in green-related policies, and the future of our transforming...
May 2010
1 post
Alza Corp. v. Andrx Pharmaceuticals (Fed. Cir....
On April 26, 2010, in ALZA Corp. v. Andrx Pharms., LLC, No. 2009-1350, the Federal Circuit affirmed the District Court of Delaware’s finding that ALZA’s U.S. Patent No. 6,919,373 (“the ’373 patent”), covering methods for treating Attention Deficit or Attention Deficit Hyperactivity Disorders (“ADD” or “ADHD,” respectively), was invalid for lack of enablement.[1] In doing so, the court held that...
April 2010
3 posts
Patent Office Reduces Backlog on Business Method...
According to one USPTO insider, the Patent Office has significantly reduced their backlog for the examination of business method patent applications. Two years ago, the PTO was six years behind in examining business method patent applications. This dreadful backlog raised questions about their relevancy and whether an inventor should even bother filing a business method application. To address...
Innovation and Change: A New Normal in the Legal...
It’s no secret that the past few years have seen drastic economic changes. But how have these changes impacted the way we do business? And how have changes in industry impacted the norms and practices for those of us in the legal profession? At the Churchill Breakfast Club, I recently had the pleasure of hearing a panel including Paul Lippe (CEO, Legal OnRamp), Aric Press (Editor-in-Chief,...
Myriad Genetics Case Alert
On March 29, 2010, the Southern District of New York issued an order in Association for Medical Pathology et al. v. USPTO, Myriad Genetics & the Directors of the University of Utah Research Foundation (S.D.N.Y.), finding on summary judgment that all 15 of the challenged claims are invalid under 35 U.S.C. § 101. Although the majority of the 152-page opinion focused on the invalidity of the 9...
March 2010
1 post
The Underappreciated Value of Research and...
Since 1981, the government has made an effort to subsidize innovation in business through providing a Research and Development (“R&D”) tax credit. In spite of their often-invaluable benefits, R&D tax credits are a resource that has long been ignored by companies in many sectors.
I recently met with Carey Cadle, partner at the accounting firm Gallina LLP, who explained why R&D Tax...