Biotechnology

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Our biotechnology practice includes such services as patent procurement, interference and opposition practice, litigation - both plaintiff and defense positions, licensing, technology transfer, patent validity and infringement opinions, and other areas of client counseling. Spearheaded by attorneys, agents, and law clerks with advanced degrees in such areas as biochemistry, molecular biology, immunology, and plant sciences, our biotechnology practice has the combination of technical expertise and legal experience that enables us to represent our clients in the most sophisticated arenas.

We work extensively in cutting-edge sub-specialties, such as the production and use of antisense oligonucleotides, ribozymes, recombinant genes and proteins, monoclonal antibodies, gene-gun applications, and pharmaceutical products for disease treatment and diagnosis, apparatuses and techniques for isolating, labeling, and detecting molecules of biological importance. Our focus on the burgeoning field of nanotechnology is one of the most comprehensive in the legal profession. We understand the far-reaching implications of nanotechnology and its potential to transform technology as we now know it.

Our substantial experience extends worldwide and includes strategic development and the protection of intellectual property for Fortune 500 multinational corporations as well as start-up biotechnology companies.

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Senior Patent Agent
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Upcoming Events

October 2, 2014
MBHB Partners Kevin Noonan, Ph.D. and Donald Zuhn, Jr., Ph.D. Are the Featured Co-Presenters
October 21, 2014
MBHB Partner Patrick Gattari Is the Featured Presenter
November 20, 2014
MBHB Partners Alison Baldwin and Rory Shea Are the Featured Presenters

Past Event

October 1, 2014
September 19, 2014
September 11-12, 2014
Five MBHB Partners Are Featured Presenters at this PLI-Sponsored Seminar
July 9, 2014
MBHB Partners Grantland Drutchas and Donald Zuhn, Ph.D. Are the Featured Co-Presenters
June 26, 2014
MBHB Partner Kurt Rohde Is a Featured Presenter

Publications

Summer 2014 (snippets)
Pandora Media, Inc., (“Pandora”), with over 250 million registered users and over 70% of the market share of Internet radio, is known as a leader in the digital music industry. In 2013 alone, Pandora streamed 16.7 billion hours of music, including stations that featured genres such as “Motown,” “Oldies,” “70s Folk,” and “Classic Rock.” While Pandora streams iconic songs from these genres, Pandora ceased paying royalties on songs recorded before February 15, 1972 (“pre-1972 sound recordings”), which are only protected by state copyright laws. In an effort to recoup unpaid royalties by Pandora, Capitol Records, LLC, among other record companies, sued Pandora under New York state law for copyright infringement, misappropriation, and unfair competition, leaving Pandora potentially liable for millions of dollars in damages. This article provides an overview of the Pandora case and summarizes some of the complexities of copyright protection of pre-1972 sound recordings.
Summer 2014 (snippets)
The CLS Bank case is the most recent of the Court’s patent eligibility decisions, and the Court unanimously affirmed the Federal Circuit's per curiam opinion (itself an effort to apply the Court’s patent eligibility jurisprudence regarding computer-based methods) that all of Alice’s claims were too abstract to meet the requirements of § 101. The claims at issue included method claims (directed, according to the Court, to methods for implementing an intermediated settlement that are well-known in the art), system claims involving implementation of the method using a general purpose computer, and computer readable-media claims for directing a general purpose computer to implement the method. None of the distinctions thought heretofore to matter between claims to methods, systems, and computer-readable media made any difference to the Court.
Summer 2014 (snippets)
In the seminal decision of Egyptian Goddess, Inc. v. Swisa, Inc., the Federal Circuit struck down one of the two tests commonly used for determining design patent infringement, the “point of novelty” test. Despite rejecting this test, the court incorporated the consideration of prior art into a slightly revised version of the "ordinary observer" test, the hypothetical "ordinary observer" now having familiarity with the prior art. This article will examine the application of this revised version of the "ordinary observer" test, and specifically the consideration of the “plainly dissimilar” analysis set forth by Egyptian Goddess.
June 19, 2014 (snippets Alert)
MBHB snippets Alert - June 19, 2014

In the U.S. Supreme Court’s decision today in Alice Corp. v. CLS Bank International, the Court affirmed the invalidity of Alice’s patents for computer-implemented methods of reducing settlement risk. This case reached the high court after a severely split Federal Circuit could not agree whether language of the claims met the patent-eligibility requirements of 35 U.S.C. § 101. At the heart of this case was the Federal Circuit’s confusion over the impact of the Court’s 2012 decision, Mayo Collaborative Services v. Prometheus Laboratories, Inc.

June 2, 2014 (snippets Alert)
MBHB snippets Alert - June 2, 2014

In today’s decision, the U.S. Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc. clarified the scope of definiteness required to fulfill the requirement that the patent claims particularly point out and distinctly claim the subject matter which the applicant regards as the invention. In Nautilus, the U.S. Supreme Court unanimously rejected the “insolubly ambiguous” standard previously set out by the Federal Circuit.
June 2, 2014 (snippets Alert)
MBHB snippets Alert - June 2, 2014

In the U.S. Supreme Court’s decision today in Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court reversed the Federal Circuit's en banc holding that a defendant need not perform all of the steps of a claim to infringe where it performs some and induces third parties to perform the rest.
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