Gerry Elman

PO Box 209
Swarthmore, PA 19081, United States

  • 610-892-9942
Alice Corporation Pty. Ltd. v. CLS Bank Int'l et al., (June 19, 2014)

Preliminary Instructions to USPTO Examining Corps re software-related patent claims, in view of Supreme Coiurt's decision in Alice Corp. v. CLS Bank

On June 19,. 2014, the U.S. Supreme Court issued the decision in Alice Corp., v. CLS Bank, holding the claims of Alice Corp's patents ineligible for patenting because they merely express the computer-implementation of an…more
|
Verizon v. Federal Communications Commission (FCC)

D.C. Circuit Decision Overturning FCC's "Open Internet" Regs

D.C. Circuit holds that FCC's "Open Internet" Regulations are inconsistent with lack of "common carrier" status of Internet service providers…more
|
SAP America, Inc. v. Versata Development Group, Inc. (U.S. Patent 6,553,350)

Final Written Decision of PTAB per 37 C.F.R. 42.73

This is the first decision of the newly-created Patent Trial and Appeal Board under the procedure to review patents on "Covered Business Methods" prescribed by the America Invents Act. The challenged claims of Versata's U.S…more
| Intellectual Property
Centocor Ortho Biotech v. Abbott Labs & NYU

CAFC Decision Overturning $1.6 Billion Verdict

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
| Intellectual Property
Preserving the Open Internet / Broadband Industry Practices

FCC's Report & Order on Net Neutrality

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
| Administrative Law, Communications & Media Law, Consumer Protection, Energy & Utilities, Science, Computers, & Technology
Prometheus Laboratories v. Mayo Collaborative Services

CAFC on Remand from Supreme Court - Patent Eligibility of Diagnostic Method Claim

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
| Intellectual Property
Research Corporation Technologies v. Microsoft

Decision of the Court of Appeals for the Federal Circuit 12/8/2010

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
| Intellectual Property
Ex Parte Ward

Decision of US PTO Board of Patent Appeals & Interferences

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
| Intellectual Property
Ass'n of Molecular Pathologists & ACLU v. U.S. Patent & Trademark Office & Myriad Genetics

Amicus Brief of United States

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
| Intellectual Property
Exergen Corp. v. Wal-Mart Stores, Inc.

Decision

Inequitable conduct in patent prosecution must be pleaded with particularity…more
| Intellectual Property
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Commercial Law & Contracts
  • Communications & Media Law
  • Intellectual Property
  • Science, Computers, & Tech
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.