Category: Intellectual Property

Method of Measuring Body Temperature Hits the Mark Under Alice Analysis

Method of Measuring Body Temperature Hits the Mark Under Alice Analysis

In Exergen Corp. v. Kaz USA, the Federal Circuit held that patents directed to a “body temperature detector” and related methods were eligible under § 101. The patents at issue disclose a body temperature detector that calculates a person’s core temperature by detecting the temperature of the forehead directly above the superficial temporal artery, and applying a constant coefficient to the skin and ambient temperature readings. After the jury found the claims infringed and not invalid, the district court denied judgment as a matter of law that the claims were directed to ineligible subject matter. The Federal Circuit affirmed the § 101 holding. Under the Alice test, the court first determines whether the claims are directed to a patent-ineligible abstract idea. If so, the court then examines the elements of the claims to determine whether the combination contains an inventive concept sufficient to transform the claimed abstract idea into a patent-eligible application. Unsurprisingly, the Federal Circuit found the claims abstract at step one. The parties, however, disputed whether the additional claimed steps “beyond calculating the temperature” added an inventive concept sufficient to confer patent eligibility. As an initial matter, the Federal Circuit gave “clear error deference” to the district court’s...

TC Heartland Changed Controlling Law for Waiver of the Right to Object to Venue Under Rule 12

TC Heartland Changed Controlling Law for Waiver of the Right to Object to Venue Under Rule 12

The Federal Circuit recently decided In re Micron, in which the panel resolved a district court split, holding that TC Heartland v. Kraft Foods changed controlling law for the purposes of Rule 12 waiver. Micron petitioned the Federal Circuit for a writ of mandamus to set aside the district court’s denial of Micron’s post-TC Heartland motion to dismiss or to transfer the case for improper venue. The district court held that Micron had waived its venue objection under Rule 12(g)(2) and (h)(1)(A) by failing to object to venue in its initial motion to dismiss, concluding that TC Heartland was not a change of law that would make waiver inappropriate. The Federal Circuit granted the petition for mandamus, vacated the district court order, and remanded. A defendant objecting to venue may file a motion to dismiss for improper venue under Rule 12(b)(3). The ability to file a Rule 12(b)(3) motion, however, is constrained by Rule 12(h)(1)(A), which says a venue defense under Rule 12 is waived if it is omitted from an earlier filed motion to dismiss under Rule 12, in which the venue defense was “available to the defendant.” The question before the Federal Circuit was “whether the [TC Heartland] venue...

Wendy Stein Promoted to Director in Intellectual Property Department

Wendy Stein Promoted to Director in Intellectual Property Department

Gibbons P.C. is pleased to announce that Wendy R. Stein has been named a Director in the Intellectual Property Department in the firm’s New York office, effective January 2, 2018. “We are extremely proud of Wendy and we look forward to working with her in her new role,” said Patrick C. Dunican Jr., Chairman and Managing Director of Gibbons. At Gibbons, Ms. Stein focuses her practice on intellectual property disputes, primarily in the patent and trademark areas. She has extensive experience litigating a broad variety of patent infringement and other matters in the pharmaceutical and life sciences arenas, including matters related to a variety of medications, and SABAs used to treat asthma and/or COPD. Ms. Stein also has substantial experience litigating patent infringement disputes in the non-pharma area, including matters related to GPS devices, gaming, hand-held devices, and packaging. In addition, Ms. Stein has litigated trademark ownership and infringement/counterfeiting disputes involving perfume, apparel, electronics, real estate, and gaming. Ms. Stein has appeared before federal and state courts throughout the United States including New York, New Jersey, Delaware, California, Florida, Texas, District of Columbia, Illinois, and Nebraska, and before the Court of Appeals for the D.C. and Federal Circuits, recently obtaining...

Gibbons Ranked Best Law Firm and Best Lobbying Firm in Inaugural NJBIZ Reader Rankings

Gibbons Ranked Best Law Firm and Best Lobbying Firm in Inaugural NJBIZ Reader Rankings

Gibbons P.C. has been selected as the best law firm and the best lobbying firm in New Jersey in the inaugural NJBIZ Reader Ranking Awards. The Reader Rankings were compiled through an online survey seeking the best of the best in a wide range of categories and subcategories. According to NJBIZ, “The publication of the 2017 Reader Rankings by NJBIZ is our way of recognizing the regard our readers have for the businesses in their communities. What makes the companies listed here distinct is the devotion they inspire among our region’s business leaders.” Gibbons has been recognized by numerous organizations and publications for the firm’s work on behalf of clients, including being named among the New Jersey Law Journal’s Litigation Departments of the Year, earning the top overall honors in 2014, as well as recognition for the practice areas of class actions (2017), products liability (2016), and commercial litigation (2013). The Gibbons Government Affairs Department has ranked as the #1 lawyer-lobbying firm in New Jersey for nine consecutive years, according to the New Jersey Election Law Enforcement Commission In addition, the firm and Gibbons attorneys are also consistently recognized in annual client-review publications such as the Chambers USA Guide to...

Do You Like What You’re Reading? Rate Our Blog: The ABA Journal’s “Web 100” Award

Do You Like What You’re Reading? Rate Our Blog: The ABA Journal’s “Web 100” Award

Thank you for visiting the Gibbons IP Law Alert blog! Content on our site, authored by members of the Gibbons Intellectual Property Department, analyzes and discusses ongoing legal and business news related to various aspects of intellectual property law. How are we doing? To review our blog and nominate the Gibbons IP Law Alert for this year’s ABA Journal’s “Web 100” award, please visit abajournal.com/blawgs/web100 and share why you are a “fan” of our site (Please note: the voting process closes on Sunday, July 30). Thank you in advance for your support.

Intellectual Asset Management Again Ranks Gibbons Among World’s Leading Patent Professionals

Intellectual Asset Management Again Ranks Gibbons Among World’s Leading Patent Professionals

Intellectual Asset Management (IAM) has again included Gibbons P.C. in its 2017 edition of IAM Patent 1000: The World’s Leading Patent Professionals. David E. De Lorenzi, Chair of the Gibbons Intellectual Property Department, and Department Counsel George W. Johnston and George M. Gould were also recognized individually among IAM’s leading patent practitioners. This is the seventh straight year that IAM has recognized the firm. To compile the IAM Patent 1000, the IAM team conducts extensive research over the course of five months with thousands of private practice attorneys based in dozens of countries, as well as the users of their services, in order to identify the practitioners and practices that are considered to excel at providing patent-related legal services. Among other accolades, IAM recognized that “intellectual property is a central pillar at general practice Gibbons” while also recognizing that the firm’s IP experience “across the board means that patents are prosecuted with aplomb, technology transfers are swiftly sewn up and high-stakes cases are favourably resolved.” Moreover, clients surveyed by IAM remarked that when working with the Gibbons Intellectual Property Department, the client’s “long-term business interests are always kept front and centre.” David E. De Lorenzi was again selected by IAM...

Intellectual Asset Management Again Ranks Gibbons Among World’s Leading Patent Professionals 0

Intellectual Asset Management Again Ranks Gibbons Among World’s Leading Patent Professionals

Intellectual Asset Management (IAM) has again named Gibbons among The World’s Leading Patent Professionals in its 2015 edition of IAM Patent 1000. David E. De Lorenzi – Chair of the Gibbons Intellectual Property Department – and George W. Johnston, Counsel in the Department, were also recognized as being among IAM’s leading patent practitioners. This is the fifth straight year that IAM has recognized Gibbons and Mr. De Lorenzi.

David E. De Lorenzi – Gibbons IP Department Chair – Named Among Top 25 IP Attorneys Nationwide by General Counsel & Other In-House Counsel 0

David E. De Lorenzi – Gibbons IP Department Chair – Named Among Top 25 IP Attorneys Nationwide by General Counsel & Other In-House Counsel

David E. De Lorenzi, Chair of the Intellectual Property Department at Gibbons P.C., has been named among only 25 intellectual property attorneys nationwide by the BTI Consulting Group in its 2015 BTI Client Service All-Stars Report. The newly released report is the comprehensive result of interviews with more than 300 senior legal officers and other executives overseeing the provision of legal services at companies with revenues of $1 billion or more.

Service of Discovery Also Subject to New Deadline in Delaware Federal Court 0

Service of Discovery Also Subject to New Deadline in Delaware Federal Court

We previously posted on the new deadline of 6:00 p.m. Eastern Time for all filings other than initial pleadings in the U.S. District Court for the District of Delaware. On October 15, 2014, Chief Judge Leonard Stark of the District of Delaware issued a letter addressing certain questions about the new rule. Chief Judge Stark reiterated that filings and service must be completed by 6:00 p.m. Eastern Time, and further indicated that this rule applies to all filing and service deadlines — including service of discovery materials — in every case in the District of Delaware, other than initial pleadings or those cases in Bankruptcy Court.

Put Away that Midnight Oil: New Rule in the District of Delaware 0

Put Away that Midnight Oil: New Rule in the District of Delaware

On October 2, 2014, Chief Judge Leonard Stark of the U.S. District Court for the District of Delaware announced a new deadline of 6:00 p.m. Eastern Time for all filings other than initial pleadings. As of October 16, 2014, “[a]side from initial pleadings, all electronic transmissions of documents (including, but not limited to, motions, briefs, appendices, and discovery responses) must be completed by 6:00 p.m. Eastern Time, in order to be considered timely filed and served that day.” Initial pleadings which are filed before midnight will still be considered timely.