Media Mentions
2008
Toby H. Kusmer was quoted in the June 6 issue of the Boston Business Journal in an article regarding the most unique patents IP lawyers' have helped secure and protect. Mr. Kusmer noted that when stereo TV was first considered in the 1980s, the Broadcast Television Systems Committee (BTSC) wanted to develop a uniform standard to prevent competing technologies that could have hindered the success of stereo transmission. "Originally developed to reduce noise in audio signals recorded on magnetic tape, the Adaptive Signal Weighting System patent disclosed and claimed technology later adopted by the BTSC for reducing noise in the 'R-L channel' of stereo audio for analog TV," Mr. Kusmer said.
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Patent Prosecution
Paul Devinsky was quoted in the May 15 issue of IP Law360 in an article regarding Professor John F. Duffy's claim that patent appeals judges may have been unconstitutionally appointed since 2000. Mr. Devinsky noted, however, that although this throws into question any decision made by judges appointed since early 2000, few cases will have the information needed to push the issue forward. "It's not like there's this mushroom cloud on the horizon. We're not going to see a widespread number of cases where this is going to come up," Mr. Devinsky said.
Paul Devinsky, Patent Prosecution
Paul Devinsky was quoted in the May 1 issue of CFO Magazine in an article regarding whether business-process methods should be protected by patent law. On May 8, the U.S. Court of Appeals for the Federal Circuit will hear In Re Bernard L. Bilski and Rand A. Warsaw and may deliver a decision that clarifies where to draw the line on patentable subject matter. Mr. Devinsky noted, however, that if Bilski doesn’t decide the matter, the business-method patent issue will be "all teed up for the Supreme Court."
Paul Devinsky, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
2007
Paul Devinsky was quoted in a September 11 article by Technology Daily regarding patent holding firm NTP's decision to sue several of the nation's largest wireless carriers for alleged patent infringement. Mr. Devinsky's prediction is that the defendants would move for an immediate stay pending conclusion of the re-examination and that the stay would be granted. He suggested that NTP may be concerned about pending patent litigation on Capitol Hill and that NTP "is seeking to be certain their damage claim is calculated under the current statute."
Paul Devinsky, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
Mark Wine was quoted on May 15 in IP Law360 in regards to Microsoft’s move to seek patent royalties from open source distributors and users. “It was a surprise last Fall when they signed [an agreement] with Novell….You had to figure at some point they’d engage in some kind of marketing attempt that would steer people towards their licensed Linux provider…. This may simply be the beginning of that effort,” commented Mr. Wine. He continued, “There are several big contracts up for consideration…. By threatening users and distributors with a lawsuit, they could [be using] this announcement to steer customers towards licensed software instead of unlicensed Linux providers, such as Red Hat.”
, Intellectual Property, Media & Technology, Licensing, Litigation - IP, Media & Tech, Patent Prosecution
Marc Brown was quoted in the May 5 edition of Information Week regarding business method patents resulting from the U.S. Supreme Court's recent decision on the KSR v. Teleflex case. "Business method patents already are difficult to get, and this ruling will make them even more so. They're going to be much more prone to attack," he said
Marc E. Brown, Intellectual Property, Media & Technology, Patent Prosecution
Marc Brown was interviewed by the EE Times for its May 2 issue regarding the U.S. Supreme Court's ruling on KSR v. Teleflex. While the decision clearly rejected a "rigid rule" test, the Court wasn't explicit about what takes its place. “What they have been less clear about is what the new test is. Some of the most controversial patents of recent years have been so-called ‘business method’ patents, such as a company patenting a particular way of doing business. One such example is a long-running case involving eBay and its 'buy it now' option, which a jury decided violated a patent held by a small company, MercExchange. Business method patents already are difficult to get, and this ruling will make it even more so. They're going to be much more prone to attack," said Mr. Brown.
Marc E. Brown, Intellectual Property, Media & Technology, Patent Prosecution
John Fuisz was quoted by the Chicago Tribune on May 1 regarding the impact of the U.S. Supreme Court's decision in KSR International Co. v. Teleflex, Inc. et al on a pending patent infringement suit between Vonage and Verizon. "Vonage is trying to invalidate Verizon's patents," commented Mr. Fuisz. "I'm sure the KSR decision will help them."
John R. Fuisz, Intellectual Property, Media & Technology, Patent Prosecution
Paul Devinsky was quoted in the May issue of ABA Journal regarding the issues behind patenting tax strategies. Mr. Devinsky states, “If you think a patent claim is invalid, you have to get your patent attorney involved and get an opinion of counsel stating that the claim is invalid—which is one of the best ways to protect yourself...." “That’s a pretty big deal every time you want to file a tax return for a major client.”
Paul Devinsky, Intellectual Property, Media & Technology, Patent Prosecution, Trademark/Brand Protection & Enforcement
2006
David Beckwith was quoted in the January 11 issue of the San Diego Daily Transcript in an article discussing issues surrounding patent law reform proposed by the U.S. House of Representatives.
David M. Beckwith, Intellectual Property, Media & Technology, Patent Prosecution
2004
In the March 2004 issue of IP Law & Business, McDermott Will & Emery was recognized in the annual patent-quality survey conducted by PatentRatings, LLC and was listed as one of the top firms that creates value for our clients’ patents. PatentRatings ranks firms based on patents issued in six categories, biotechnology, chemistry, electrical, medical, computer and software and mechanical. McDermott placed within the top 5 of 3 categories — chemical, electrical and mechanical patents; and was one of only three large full-service firms to make it on to the list. The number of patents issued is not a factor in the ranking of firms but rather the number of times the patent is cited in subsequent patents. In this way, PatentRatings evaluates and ranks each firm based on the value the firm creates for its clients.
Intellectual Property, Media & Technology, Patent Prosecution
2002
McDermott Will & Emery's Boston office was ranked second in Mass High Tech's "Rank & File" survey, published on September 30, which ranked New England's top patent law firms by the number of patent applications.
Intellectual Property, Media & Technology, Patent Prosecution
Toby Kusmer was quoted in the April 12-18 issue of the Boston Business Journal in regard to waiting for the U.S. Supreme Court to decide on the Festo v. SMC case, which could weaken and devalue patents by narrowing the scope of protection currently afforded to patent holders.
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Patent Prosecution
McDermott Will & Emery was listed in the May 2 issue of Corporate Counsel as one of top law firms that global companies call when they need U.S. patent litigation and patent prosecution.
Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
Intellectual Property Practice was recommended as one of "Six Strong IP Law Firms" in an article published in the March issue of Washington Business Forward. The article, "Smart Moves on Intellectual Property," lists three IP boutique firms and three general practice law firms. The article addresses the benefits and sales pitch of general practice firms like McDermott arguing they can offer clients a broader range of services. Ray Lupo agreed commenting, "Patent and IP boutiques don't have some of the broader range of expertise that comes up in patent cases. We sell that we have both." McDermott was also mentioned as having 140 IP lawyers, as well as currently handling 60 patent infringement cases in federal courts and at the International Trade Commission.
Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
2001
Toby Kusmer was quoted in the August 1 issue of The Boston Globe in regard to the recent success of Aboimed, Inc.'s self-contained mechanical heart and the lack of intellectual property protection the company has on the heart. The company chose to keep the technologies and processes as trade secrets rather than filing for patents because of the limited length of patents. Mr. Kusmer commented on the risks of trade secrets, "once somebody independently invents it or discovers it, you have no way of stopping them for using it."
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Patent Prosecution
McDermott Will & Emery's Intellectual Property Practice was ranked ninth in IP Today's annual survey of top patent firms published in March 2001. The survey is based on the number of patents issued by the U.S. Patent & Trademark Office in the previous calendar year, ranks McDermott third among general practice firms with a total of 1530 patents issued in 2000.
Intellectual Property, Media & Technology, Patent Prosecution
