By: Stephen P. Scuderi A license is a grant of rights from a licensor (often the patentee) to a licensee to make, use or sell a patented product or method. Often in granting the licensee the right to “sell”, the patentee may seek to put restrictions or conditions on third parties who legitimately purchase such…
By: Kristian E. Ziegler In U.S. v. Arthrex, case number 19-1434; Smith & Nephew v. Arthrex, case number 19-1452; and Arthrex v. Smith & Nephew, case number 19-1458, the Supreme Court recently held that the law empowering Administrative Patent Judges of the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark…
By: Rachel L. Pearlman Those patent attorneys and agents who practice in the worlds of biological sciences and computer arts have been working through the ether that is 35 U.S.C. §101 for quite some time. Based on the recent decision of the Federal Circuit in Yu v. Apple, it looks like we may have some…
By: Christina E. Brule and Teige P. Sheehan On May 5, the Biden administration signaled the United States’ support for a proposed waiver of certain World Trade Organization (WTO) rules that require member countries to enforce intellectual property (IP) rights, particularly those related to confronting the COVID-19 pandemic. This article sets out an explanation of…
Rochester and Albany, NY: Heslin Rothenberg Farley & Mesiti, an intellectual property firm with offices across New York, is proud to announce that partner Alana M. Fuierer has been named to the Rochester Business Journal (RBJ) and The Daily Record “Power Lists for Law.” Ms. Fuierer was selected by the editorial staff of the RBJ…
By: Thomas L. Sica On April 5, 2021, the Supreme Court released its decision in the case of Google LLC v. Oracle Am., Inc., 593 U.S. ___, No. 18-956 (U.S. 2021), ending an 11-year legal battle between the two companies over Google, LLC’s (“Google”) copying of certain aspects of Oracle America, Inc.’s (“Oracle”) Java programming…
By: Christina E. Brule The Consolidated Appropriations Act 2021 (the “Act”), a.k.a. the Coronavirus Relief Bill, was signed into law on December 27th, 2020. In addition to COVID-19 relief, the Act includes several provisions that will significantly influence intellectual property law. This article will focus on provisions of the Act that affect copyright law, namely…
By: Alana M. Fuierer On December 27th, 2020, the Consolidated Appropriations Act 2021 (the “Act”) was signed into law. Despite commonly being thought of as merely a “Coronavirus Relief Bill”, it surprisingly contained much more than COVID-19 relief. One of the lesser-known parts of the Act is the Trademark Modernization Act (“TMA”) which amends the…
Albany, NY: Heslin Rothenberg Farley & Mesiti, P.C. (HRFM), an intellectual property law firm based in Albany, New York, is pleased to announce the addition of Christina Brule as a Patent Attorney with the firm. Christina is a registered patent attorney in the firm’s chemical practice group. Her experience includes: trademark prosecution; patent drafting/prosecution; licensing…
By: David P. Miranda In 1986 Congress passed the Computer Fraud and Abuse Act (CFAA), to address crimes that occur via unauthorized access to computer. In Van Buren v. United States, 206 L. Ed. 2d 822 (2020), Nathan Van Buren, a police officer in the state of Georgia, was charged under the CFAA after he…