Gerry Elman

PO Box 209
Swarthmore, PA 19081, United States
Phone: 610-892-9942
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Commercial Law & Contracts
  • Communications & Media Law
  • Insurance
  • Intellectual Property
  • Science, Computers, & Tech

3d Cir Decision Holding Plaintiffs Have Standing due to FCRA Violation

This case involves a data breach that arose when two laptop computers containing unencrypted Personally Identifiable Information and Protected Health Information of some 839,000 individuals were stolen from Horizon Blue Cross…more

FDA Guidance: Postmarket Management of Cybersecurity in Medical Devices

A growing number of medical devices are designed to be networked to facilitate patient care. Networked medical devices, like other networked computer systems, incorporate software that may be vulnerable to cybersecurity threats…more

Encryption Working Group Year-End Report, U.S. House of Representatives, Dec. 20, 2016

Encryption Working Group Releases Year-End Report The report contains key observations and opportunities for progress Washington, D.C. –Members of the bipartisan encryption working group – established in March 2016 by House…more
Authors Guild v. Google

Second Circuit Decision on Scope of Copyright Fair Use by Google Books Project

Second Circuit Decision on Scope of Copyright Fair Use by Google Books Project, holding that Google's use of the works is transformative and satisfies the test for fair use under 17 U.S.C. 107…more

Don't Let a Defective Provisional Sink Your Patent

Invest the time and money in crafting a complete provisional patent application. It will be the foundation for a strong and enforceable patent. Avoid the pitfall of filing a “quick and dirty” provisional. Whatever you imagine…more
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.


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