Category Archives: Intellectual Property

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Article Review – Intellectual property: What every medical practice needs to know

This well written article by Martha M. Rumore, Pharm.D., J.D. from Medical Economics, provides insight into the many aspects of intellectual property law as it relates to the medical profession. As an additional point regarding the discussion of patent law, it must be kept in mind that patent litigation costs are not inexpensive. Even with a … Continue Reading

COVID Impact: HIPAA and Privacy

The following are just some random thoughts or curated information regarding the impact the COVID pandemic will have on privacy in general, and health information privacy in particular. I have attached a link to information issued by HHS explaining that, not only are HHS and OCR specifically advising that the release of patient information regarding … Continue Reading

Patent Enforcement and the Healthcare Industry

Contributed by Lee Kim, Esq., USPTO Reg. No. 53,125 412.594.3915 MMRGlobal is targeting the healthcare entities that have an electronic health record system with claims that its "foundational patents" limit the entities’ ability to communicate protected health information without potentially infringing its patents.  Through its outside counsel, it has begun sending 250 letters to entities … Continue Reading

Protecting Trademark Rights in Generic Top Level Domains

The Internet Corporation for Assigned Names and Numbers (ICANN) has announced the implementation of trademark clearinghouse services.  The trademark clearinghouse  will function as an information repository, offering authentication and validation services for trademark data. Trademark holders and generic top level domain (gTLD) registry operators will rely on the trademark clearinghouse to support rights protection mechanisms … Continue Reading

Supreme Court Decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc.

Contributed by: Lee Kim, Esq. 412.594.3915 In a unanimous decision, the US Supreme Court held that the claims in Mayo Collaborative Services v. Prometheus Laboratories, Inc. (Docket No. 10-1150) effectively claim a law of nature and are therefore not patent eligible under 35 U.S.C. 101.  The claims in the Mayo decision were directed to a process … Continue Reading

USPTO to Study Independent, Confirming Genetic Diagnostic Tests

The USPTO is required by the America Invents Act ("AIA") to study and report on ways of providing independent, confirming genetic diagnostic tests where gene patients and exclusive licensing for primary genetic diagnostic tests exist.  In an effort to gather information, the USPTO is hosting two hearings: 1. Thursday, February 16, 2012 at 9 AM, … Continue Reading

Trademark Manual of Examining Procedure 8th edition

Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:”Times New Roman”,”serif”; mso-fareast-font-family:”Times New Roman”;} The United States Patent and Trademark Office ("USPTO") has released in October 2011 the Trademark Manual of Examining Procedure ("TMEP").  … Continue Reading

United States District Court for the Western District of Pennsylvania Selected for Patent Pilot Program

Fourteen federal district courts, including the Western District of Pennsylvania, have been selected to participate in a ten year pilot project.  The goal of this patent pilot project is to enhance expertise in patent cases among U.S. district judges. Patent cases filed in participating district courts are initially randomly assigned to all district judges, regardless … Continue Reading

President Obama Signs America Invents Act into Law on Sept. 16, 2011

Contributed by Lee Kim, Esq. +1.412.594.3915   The America Invents Act has been signed into law by President Barack Obama today (September 16, 2011).  The effective date for many provisions is September 16, 2012.  Some provisions are effective immediately and still others are effective 10 days after the date of enactment. The America Invents … Continue Reading

The America Invents Act

Contributed by Lee Kim, Esq. +1.412.594.3915   The America Invents Act was recently passed by Congress and it is expected that President Obama will sign this legislation into law when it is presented to him.  Historically, the United States considers the first-to-invent as the person with rights to the invention.  However, this Act is … Continue Reading

United States Patent and Trademark Office Awards Patent Number 8,000,000

    US Patent No. 8,000,000 Awarded to Second Sight Medical Products for a “Visual Prosthesis Apparatus” that Enhances Visual Perception for the Sight Impaired On September 8, 2011, the United States Patent and Trademark Office ("USPTO") will host a ceremonial signing Thursday for US Patent No. 8,000,000 entitled "Visual Prosthesis Apparatus" which enhances visual perception … Continue Reading

Intellectual Property Guidelines for Blogs

Issues arise when one re-publishes material created by others — i.e., another’s intellectual property. Generally, the intellectual property involves copyrights and trademarks/servicemarks. Text, images, and sounds on a web page may be copyrighted. Trademarks and servicemarks which are commercial identifiers for a particular company’s product or service are proprietary to that company. Both copyrighted and trademarked material must be … Continue Reading

An Overview of Trade Secrets Law

Everyone has heard of the term "trade secret" but what exactly is it? This article provides an overview of trade secrets law in Pennsylvania. 1.         What kind of information is considered a "trade secret"? In 2004, Pennsylvania adopted the Uniform Trade Secret Act ("UTSA"). The Pennsylvania statute now defines a "trade secret" as follows: "[i]nformation, including a … Continue Reading

Intellectual Property Ownership: General Guidelines

By: Lee Kim, Esq. Who owns the intellectual property rights (e.g., copyrightable material, invention, etc.) if one’s employment contract is silent on the issue and is in the absence of an intellectual property ("IP") policy? The following are situations in which the employer owns the IP: –           Intellectual property has been created by an … Continue Reading

Securing Rights to Your Website

Securing Rights to Your Website, By: Lee Kim About the author: Lee Kim is an intellectual property associate at Tucker Arensberg, P.C.  She specializes in copyrights, trademarks, trade secrets, and patents.  See 1. Securing Your Domain Name If you are creating a website, you should first register at least one domain name of your … Continue Reading