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Spotlight on Recent Patents

This month, we highlight inventions that entail process (or method) claims. These inventions have received much press recently, particularly in light of the Federal Circuit Court's recent decision, In re Bilski.

According to Bilski, in seeking patent protection for an innovative process (including a business method), the claims must recite how the process either transforms an article to a different state, or is carried out on a particular computer or other machine. Thus, in order to be entitled to a patent, a claimed method must pass the so-called "machine-or-transformation" test.

Our clients, Richard O. Michaud and Robert Michaud, stand on the forefront of modern portfolio theory. They recently obtained U.S. Patent No. 7,412,414 covering computer-implemented methods for optimizing the return in an investment portfolio for a specified level of risk. The patented method applies notions of forecast certainty to define parameters of a resampling process used, in turn, to derive optimal portfolio weights.



  
Protecing IP

Bromberg & Sunstein Client Wins $65 million Verdict
Bromberg & Sunstein teamed with Kaye Scholer of New York to obtain a $65 million patent infringement verdict for Ariad Pharmaceuticals, Inc. against Eli Lilly and Company.  In a complicated case involving methods of treating disease by regulating NF (kappa) B cell signaling activity, the legal team presented the testimony of two Nobel Prize winning scientists. 


Bromberg & Sunstein Obtains $20.7 Million Verdict for First Act
Bromberg & Sunstein won a $20.7 million jury verdict in suit for false advertising in violation of the Lanham Act, commercial disparagement and interference with contractual relations.  The global aspects of the parties’ manufacture and distribution of the products in issue posed unique challenges involving world-wide litigation procedures.


Lisa Tittemore recently updated her book "Protecting and Enforcing Copyright," published by MCLE, with the assistance of Nicole Rizzo Smith. This is the third edition of a highly popular and user-friendly guide to copyright law. The information is presented in a clear style that helps the "IP nonspecialist" to spot issues and understand the mechanics of copyright protection and enforcement. More. . .

 
In The News

Breaking IP Developments


Law & Politics and Boston magazines name nine Bromberg & Sunstein partners 2008 Super Lawyers in the field of Intellectual Property, five associates as Rising Stars, and Julia Huston among the Top 100 Attorneys in MA as well as New England. More. . .


Lee Bromberg and Erik Belt spearhead introduction of new patent litigation procedures in Massachusetts. More. . .


Bromberg & Sunstein is ranked 4th by the Boston Globe among 100 best places to work. More. . .


Important new Bilski ruling limits patentability of processes, including business methods. More. . .


Google invites litigation to address copyright concerns over its book project; First Amendment protects video game's simulation of well-known nightclub; judge cannot chop down jury award of patent damages without offering new trial; yet another court applies "rule of reason" to ANDA litigation; post-Bilski approach to process patent claims continues to evolve; patent claim is not necessary "anticipated" by an earlier claim that contains all of its elements; special rules for patent lawsuits arrive in Massachusetts (with our firm's assistance). Click Here.

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