Litigation at Scully Scott
Since its founding more than 35 years ago, Scully Scott Murphy & Presser has become well known for its successful patent
prosecution practice. It has an unmatched reputation for delivering value to its clients in procuring strong patents and for delivering
the highest level of client service. Less well known is that Scully Scott has been litigating patent, trademark, trade secret and
copyright disputes throughout its history in a broad range of technical and business environments. The Scully Scott team maintains
the same commitment to value and service in its litigation practice as it does in its prosecution practice. It is proud of its reputation
for being focused on and committed to the aggressive protection and enforcement of intellectual property.
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Claim: MGH Didn't Credit Researchers For Patents
Two researchers tried to convince the Federal Circuit
on Tuesday that they should be listed as inventors of two Massachusetts General Hospital patents relating to genetic
mutations that cause a rare birth defect, saying the hospital would not have discovered them without the researchers' work.
Berish Y. Rubin and Sylvia L. Anderson sued MGH in January 2009 under Section 256 of the U.S. Patent Act to correct the
inventorship of two MGH patents related to the discovery of genetic mutations that are associated with the disorder familial
dysautonomia. The researchers sought to be substituted as the inventors or listed as joint inventors on the patents.
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Ropes & Gray Can't Shake Patent Malpractice Suit
A Massachusetts federal judge refused on Jan 13th to dismiss a suit accusing Ropes & Gray LLP and a former partner
of botching patent applications for Cold Spring Harbor Laboratory (CSHL) and costing the lab millions of dollars in potential
licensing fees. CSHL is represented by Chad E. Ziegler and Peter I. Bernstein of Scully Scott.
U.S. District Judge Richard G. Stearns said that Cold Spring Harbor Laboratory had alleged sufficient facts to sustain its claims
of legal malpractice, breach of fiduciary duty, fraud and fraudulent misrepresentation and negligence against Ropes & Gray and its
former partner, denying the defendants' dismissal motions.
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Scully Scott Sponsors 2011 BIO China Convention
SSMP was a proud sponsor of the inaugural BIO International Convention in China.
Partners, Frank S. DiGiglio and Xiaochun
Zhu represented the firm at the convention which took place at the Pudong Shangri-La Hotel in Shanghai, October 12th and 13th.
Frank moderated the panel, "Encouraging Innovation through Robust Patent Enforcement." Panelists included Brian P. Barrett, R.Ph.,
J.D., Senior Director and Assistant General Patent Counsel, Eli Lilly and Company and Tina Tai, Patent Attorney, Attorney at Law
and Assistant General Manager, China Patent Agent (H.K.) Ltd. Xiaochun focused on networking with both current and prospective
clients.
BIO China brings together executives from biotechnology, pharmaceutical and investment firms from North America, Europe and
Asia to meet and explore business opportunities with China's emerging biotech sector. BIO represents more than 1,200 biotechnology
companies, academic institutions, state biotechnology centers in the U.S. and more than 30 nations worldwide.
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SSMP Sponsors 2nd Honoring Inventors Reception
For the second consecutive year, Scully Scott is pleased to be a Platinum sponsor of the Second Annual Honoring Inventors
Reception. The reception will be held on Thursday, October 27th from 6-9PM at Flowerfield in St. James, NY.
The reception will bring together Brookhaven National Laboratory, Stony Brook University and Cold Spring Harbor Laboratory
to honor all of the inventors that have issued patents in 2010 at these institutions.
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SSMP Sponsors Life Sciences Summit 2011
For the third consecutive year, Scully Scout is proudly sponsoring the
Life Sciences Summit 2011.
The Summit will take place
on Wednesday, November 16th and Thursday, November 17th at the Sentry Centers Midtown East in New York, NY. This is the
first year that the event will take place in New York City. The new location is expected to attract even more attendees from across
the U.S. and Europe.
Organized by the Center for Biotechnology, a New York State Center for Advanced Technology in Medical Biotechnology and
Demy-Colton Life Science Advisers, the two-day event focuses on building relationships between biopharmaceutical companies
and companies emerging from academia to accelerate the development of biomedical solutions in the areas of infectious disease,
neuroscience, oncology and regenerative medicine.
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特許権のより長い存続期間
の機会…..Wyeth 判決
米国連邦巡回控訴裁判所は、特許期間
の調整（Patent Term Adjustment: PTA）の適切な計算方法に
ついて、2010年1月7日にWyeth 対Kappos (No. 2009-1120) で判決
に達しました。この判決によって、最
近に特許権を得た特許権者に、米国特
許庁に対して追加の特許期間の要求を
費用の支払いなしですることができる
機会が与えられることとなりました。
また、米国特許庁も米司法省も、この
米国連邦巡回控訴裁判所の判決につい
ての再検討はしないと決断しました。
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Scully Scott Ranked
#26 in the U.S.
Intellectual Property Today magazine ranked Scully Scott #26 in the U.S.,
#5 in the New York Metro area, and #1 on Long Island for
patents issued to clients in 2011.
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