In Part 1 of this three-part article,[1] a metric to determine a theoretical target for the number of U.S. patent applications to file each year was presented. The theoretical target was based on the amount spent on U.S. research and development by a company and on the company's industry sector and Continue Reading
No, The Biden Administration Did NOT Just Ban Employee Non-Compete Agreements.
But Employers Should Still Review and Consider Narrowing Such Agreements. On July 9, 2021, President Biden issued Executive Order 14036, which broadly addresses “promoting competition in the American economy.” In the run-up to and aftermath of this action, many news outlets reported that the Continue Reading
Consider Pros and Cons Before Requiring Pronouns in Signature Blocks
McCarter partner Hugh Murray authored an article regarding advantages and drawbacks to gender identification in a professional email signature block for Society for Human Resource Management. Continue Reading
“You Can’t Challenge This (Unless)”—SCOTUS Upholds but Limits 140-Year-Old Doctrine of Assignor Estoppel
The doctrine of assignor estoppel bars an inventor who assigns a patent to a third party from later arguing that the assigned patent is invalid. The Supreme Court has now upheld this doctrine but has limited its scope, holding that it applies only to explicit or implicit representations made by the Continue Reading
Wallflowers: Biosimilars Don’t Dance – They Go to the PTAB
McCarter partners Erik Paul Belt and Maria Laccotripe Zacharakis, PhD, co-authored an article on strategies that biologic drug innovators can use to strengthen their patents against challenges from biosimilars. This article first appeared IAM Life Sciences: Key issues for senior life sciences Continue Reading
DNJ’s Magistrate Elevations – A Testament to the Court
Joseph Linares authored “DNJ’s Magistrate Elevations – A Testament to the Court,” published in the July 2021 edition of Nunc Pro Tunc, the newsletter of the Historical Society of the United States District Court for the District of New Jersey. Continue Reading
So, Can I Make My Employees Get Vaccinated Yet?
As of June 30, 2021, almost 155 million Americans, 46.7% of the population, had been fully vaccinated against COVID-19. The vast majority of those individuals are over age 18, and more than 57% of adults over age 18 in the United States have been vaccinated. Rates of infection, hospitalization, and Continue Reading
Venture Capital & Emerging Growth Companies June 2021 Highlights
McCarter’s renowned Venture Capital & Emerging Growth Companies team empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization, and monetization. Leaders in Our Field We are excited to once again participate in Venture Continue Reading
A Practical Metric For Annual Patent Filing Targets: Part 2
In Part 1 of this three-part article, we presented a metric to determine a theoretical target for the number of nonprovisional U.S. patent applications to file each year. The theoretical target was based on the amount spent on U.S. research and development by a company and on the company's industry Continue Reading
Avoiding Disputes over Who Decides Arbitrability in New Jersey
Drafting an arbitration provision that complies with the standards articulated by the New Jersey Supreme Court in Atalese v. U.S. Legal Services Group, 219 N.J. 430 (2014), is a necessary first step to ensuring a New Jersey dispute is resolved through arbitration. But what happens when the Continue Reading