Gibbons Law Alert

New COBRA Notice Form Issued by DOL

On June 14, 2013

Employers are reminded that the Federal Department of Labor (“DOL”) has issued new model COBRA election notices for single employer health plans aligned with Patient Protection Affordability Care Act (“PPACA”) requirements. Under COBRA (the Consolidated Omnibus Budget Reconciliation Act), employees who experience a qualifying event, such as a loss of employment, are able to continue coverage under the employer’s group health plan for themselves and qualified beneficiaries by paying the COBRA premium. The new model notices are available on the DOL website in both English and Spanish.

The End of an Era for Gene Patents? Supreme Court Rules that Isolated DNA is Unpatentable

by Estelle J. Tsevdos, Ph.D.

Posted in Patent

On June 14, 2013

Over thirty years ago, the USPTO awarded the first gene patent (US 4,447,538) and the Supreme Court held that biological inventions were subject to patent protection. Since then, tens of thousands of U.S. “gene” or DNA related patents have issued. However, there has been much uncertainty over the patentability of such inventions as of late.

Gibbons Director Howard Geneslaw to Speak at Upcoming NJSBA & NJICLE Land Use Program

by Gibbons P.C.

Posted in Development/Redevelopment

On June 13, 2013

Land use lawyers play a very important role in the building process in New Jersey. Navigating all of the litigation hurdles that can come up while the project progresses, from conception to development, requires specific skills, knowledge, and strategy. Land use attorneys are heavily involved in actual project development, whether the client is a private party, local government, or state agency. It is important to stay up-to-date on the various types of land use litigation scenarios that can arise.

Don’t Go Over 1%, or the Seed Giant May Come After You!

by Estelle J. Tsevdos, Ph.D.

Posted in Patent

On June 12, 2013

Last month, we reported on seed giant, Monsanto’s Supreme Court victory involving the question of patent exhaustion with regard to its sale of seed incorporating its patented seed technologies. On Monday, June 10, Monsanto appeared to emerge victorious from another litigation related to its seed technology and business when the Federal Circuit affirmed a lower court ruling that a coalition of organic farmers and seed sellers had no standing to seek declaratory judgments of non-infringement and invalidity with respect to Monsanto’s patented seed technologies.

Counterfeit Drugs – The Challenges of a Deadly Global Epidemic

by Gibbons P.C.

Posted in Pharmaceuticals

On June 11, 2013

For years, the average person who heard the phrase “knock offs” would immediately think of counterfeit versions of brand name luxury goods. While counterfeiters continue to target those types of goods, they are by no means the most nefarious or sophisticated category of counterfeiters. Counterfeiters have effectively targeted almost every type of consumer product imaginable, including the drugs and medical diagnostic devices that consumers rely on for their health and safety.

Delaware Supreme Court Holds Valid International Forum Selection Clause Dispositive in Determining Jurisdiction

by Gibbons P.C.

Posted in General Litigation

On June 11, 2013

In National Industries Group (Holding) v. Carlyle Investment Management LLC, Delaware’s Supreme Court unanimously held that a valid forum selection clause is dispositive in determining which court has jurisdiction over disputes arising under the contract. Even if a foreign corporation is party to the contract, Carlyle holds that any considerations weighing in favor of applying the doctrine of international comity do not override an otherwise valid forum selection clause.

Gibbons Advises NAIOP Award Winners on “Office/Mixed Use Deal Of The Year ” and “Industrial Deal of the Year”

by Gibbons P.C.

Posted in Development/Redevelopment

On June 10, 2013

The New Jersey Chapter of the National Association of Industrial and Office Properties (NAIOP – NJ) has named the development deal between Bayer Healthcare and Vision Equities/Rubenstein Partners as its “Office/Mixed Use Deal of the Year” and Ahold eCommerce’s Pulaski Distribution Center as its “Industrial Deal of the Year.” Gibbons P.C. played a significant role on behalf of Bayer in this deal, and the firm assisted Ahold in its complex transaction.

Obama Administration’s Latest Crackdown on Patent Trolls

by Gibbons P.C.

Posted in Patent

On June 10, 2013

We have recently posted on various developments relating to the surge of litigations involving non-practicing entities, or patent assertion entities, also called “patent trolls.” Last week, the Obama administration launched its latest attack on these litigious parties. Last Tuesday, the President issued seven legislative recommendations and five executive orders aimed to reduce the number of patent troll cases being filed in federal court. Those recommendations and orders can be found at the White House’s website.

IPXI Launches Its First Unit License Right Contract Offering

by Gibbons P.C.

Posted in Licensing

On June 7, 2013

We have been reporting news and developments regarding the Intellectual Property Exchange International, Inc. (IPXI). Yesterday, the IPXI released details of its first Unit License Right (ULR) contract offering, involving among other assets, a portfolio of Philips organic light-emitting diode (OLED) technology patents. Purchasers of each ULR will be granted “the right to manufacture, use, sell, offer to sell or import five square meters of an OLED display for application in any display screen device.” So after many fits and starts, the IPXI, touted as “the world’s first financial exchange for licensing and trading intellectual property (IP) rights,” appears underway.

Gibbons Directors Listed as 2013 New Jersey Super Lawyers

by Gibbons P.C.

Posted in Firm News / Intellectual Property

On June 6, 2013

Two attorneys in the Gibbons Intellectual Property Department , David E. De Lorenzi, Department Chair, and Vincent E. McGeary, a Director in the Department, were listed as leaders in their fields by New Jersey Super Lawyers for 2013. Overall, 80 lawyers in the firm were featured in New Jersey Super Lawyers and New Jersey Super Lawyers Rising Stars.