Bromberg & Sunstein LLP
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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 presents a review of the previous year's trademark developments to the Boston Bar Association. Read her Overview. Decisions.

 
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. . .


Our latest newsletter: 
Football video game found to violate deceased announcer's right of publicity; two bites now available at the patent-invalidation apple; infringement of design patents to be governed by informed-observer standard; new law toughens penalties on counterfeiters; amendment enhances protection of recreational-boat designs; overreaching biotech patent held invalid for lack of "written description". Click Here.

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