Gerry Elman

Despite jury award of $1.6 Billion in damages, the CAFC held the patent invalid for failure to have satisfied the "written description" requirement that would have demonstrated that the inventors had "possession" of the biotech…more

On Dec. 23, 2010, the FCC released this controversial order on broadband industry policies. Whether the FCC has jurisdiction and power to govern this subject matter, and whether this achieves the objective of net neutrality, is…more

On remand from Supreme Court for consideration in light of the June 2010 Bilski decision, the CAFC reverses the U.S. District Court for the Southern District of California, and remands with instructions to deny Mayo’s…more

CAFC interprets Bilski Supreme Court decision of June 2010 regarding what is "abstract" and hence not eligible for consideration of patentability: "In refocusing the eligibility inquiry on the statute, the Supreme Court…more

US Patent & Trademark Office Board of Appeals and Interferences finds that claims for a novel & nonobvious card game that could be played in a casino do not recite patent-eligible subject matter, applying Supreme Court decision…more

U.S. Dept. of Justice files amicus brief with CAFC, agreeing that "isolated" genetic DNA is unpatentable and seeking to distinguish claims to cDNA touched by the hand of man. Cut the baby in half?…more

Inequitable conduct in patent prosecution must be pleaded with particularity…more