Marshall, Gerstein & Borun LLP

Breast Cancer Awareness Month has always been important at Marshall Gerstein, and this year was no different. We partnered with A Silver Lining Foundation (ASLF) and held events throughout October to raise money and awareness for the cause, including a Wall of Strength to honor and remember loved ones, a bake sale, and participating in #WearItPink Day, pictured below. ASLF was founded with the goal to provide respectful and equal access to cost-free breast health testing, and the organization has helped nearly 30,000 women with free screening mammograms and diagnostic testing. Learn more about the foundation and its impact here: https://bit.ly/3C7mKKg #BreastCancerAwareness

In his post on PatentNext.com, Marshall Gerstein partner Ryan Phelan discusses the challenges of divided infringement in U.S. patent law, particularly for software-based claims, and suggests best practices for drafting claims that consolidate essential steps to enhance enforceability and reduce litigation risks. https://lnkd.in/gbK2n22z #patents #software

Partners Michelle Bolos, Gregory Chinlund, and Tiffany Gehrke will be attending the upcoming International Trademark Association (INTA) Leadership Meeting in New Orleans, Louisiana! Our team is looking forward to connecting with professionals from all over the world for a range of sessions, workshops, and critical conversations that will help shape the future of the IP landscape. Please reach out to Michelle, Greg, or Tiffany if you plan to attend the conference! #LM2024 #INTA https://bit.ly/4fjOfPc

In the recent case of Osseo Imaging, LLC v. Planmeca USA, Inc., the Federal Circuit clarified the qualifications needed for expert testimony in patent cases from the perspective of a person having ordinary skill in the art (PHOSITA). The court ruled that an expert does not need to be a PHOSITA at the time of the invention to provide valid testimony. This decision emphasizes that experts can acquire the necessary knowledge later and still convey a credible perspective. This guidance is vital for those involved in patent litigation, as it impacts how expert qualifications are assessed in both trials and PTAB proceedings. Read more about this in Whitney Jenkins’ recent blog post: https://lnkd.in/gxXYPSvb   #Appeals #Biotechnology #Trialprocedures

On Thursday, we at Marshall Gerstein came together to show our support for Breast Cancer Awareness Month by participating in #WearItPink Day. The firm made a donation to A Silver Lining Foundation for every employee that wore pink – and it was quite the turnout! Thank you to everyone who participated in this initiative. Together, we can make a difference! #BreastCancerAwareness

Managing Partner Jeff Sharp and Partner Thomas Duston will be in Hangzhou, China from October 19-22 for the 2024 AIPPI World Congress. The AIPPI World Congress will host more than 2,200 attendees from all over the world and offers a wide range of sessions and workshops. Jeff and Tom will experience a live Chinese patent infringement trial and hear from industry leaders on a variety of topics, such as IP examination and protection in China and trademark use in pharmaceuticals. #AIPPIWorldCongress #AIPPI2024 https://bit.ly/3Y6RpPf

Partner Jonathan Hughley recently talked with Smart Shop Essentials, a guide for small and midsize manufacturers published by SME Media. While talking about your great ideas is exciting, it’s best to keep them to yourself. For now. “It’s certainly understandable that you’d want to show your idea to others, but take a step back and consider how to actually protect your idea – that’s often the most important step in the product development process,” Jonathan told the publication in an interview. Access the article here to read Jonathan’s advice to innovators and patent seekers: https://lnkd.in/eZfqmJwH

This morning, Marshall Gerstein sponsored and participated in the Driving Diversity in Law and Leadership Summit presented by CenterForce USA. Chief Talent and Diversity Officer Christine E. Hollis kicked off the event with the opening comments and Partner Meggan Duffy was featured on a panel discussion that focused on how to bridge the cultural gap between lower socioeconomic backgrounds and the corporate legal environment. #DEISummit https://bit.ly/4eMopmL

In a recent article, Ryan Schermerhorn and Christopher Zahn provide Law360 readers with insights on the importance of binding international agreements in advancing climate change. Ryan and Topher state that while progress can be celebrated and technological improvements are constantly being made, nation-states should collaborate to create binding, multinational agreements and focus their efforts on combining resources and talents to achieve maximum effectiveness. Subscribers to Law360 can read the full column here: https://lnkd.in/gPi4vqfe

Partner Kelley Gordon will be in Malta this week for the PTMG (Pharmaceutical Trade Marks Group) Autumn Conference. Kelley will hear from industry leaders on a variety of topics, including the impact of artificial intelligence in IP, new developments in the pharma industry, and an overview of trademark regulations across several international domains. Please reach out to Kelley if you plan to attend the conference! #Pharmaceuticals #Trademarks #PTMG