TTAB Rules Multicolored Trademarks on Product Packaging Are Never Inherently Distinctive

As we enter into fall, the leaves on the trees will soon be multicolored. They are sure to be inherently distinctive, with each tree being a unique creation. But as patent and trademark attorney Sean Detweiler explains in his new article Multicolored Leaves More Inherently Distinctive than Multicolored Trademarks, multicolored trademarks do not get the …

The New Mass Noncompetition Legislation: Old Wine in New Bottles? An Employer’s Perspective

By: John Hession Our Republican governor, Charlie Baker, recently signed into law a boon and a blessing for the average hourly worker, the minimum wage Walmart employee, or the lower level service industry employee. But for venture capitalists, angel investors, entrepreneurs, senior executives and key employees, nothing much may have changed in the landscape of …

Improved Forecast for IP Harvest: Gathering Seeds from USPTO Memo on Vanda

    Following the Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, 887 F.3d 1117 (Fed. Cir. 2018), the U.S. Patent and Trademark Office issued a memo to the patent examination corps clarifying the patent eligibility of certain method of treatment claims. In particular, the USPTO’s guidance clarifies that method of treatment claims which …

License Practitioners Beware the Macom Imbroglio!

By: John Hession Business and legal professionals beware of your Field of Use restrictions. Practitioners involved in constructing and drafting license agreements should pay particular attention to a U.S. Court of Appeals case decided in the Central District of California, Macom Technology Solutions Holdings, Inc. v. Infineon Technologies AG (January 29, 2018).  In the Macom …

Life Sciences Vector Newsletter, Spring 2018

Our Life Sciences team has published the Spring 2018 edition of its Vector newsletter. Below you will find brief descriptions of the news and articles included in the publication. Read the full newsletter for more information. JOSEPH HUNT AND DANIEL BLANCHARD JOIN FIRM IN TAX AND CORPORATE PRACTICE GROUPS A member of the Firm’s Corporate and Tax Practice Groups, …

2018 Tax Reform: Life Sciences Update – April 24

Register today! On April 24th in our Waltham office, MBBP and Withum will host the 2018 Tax Reform: Life Sciences Update. Just like the life sciences industry is constantly changing and evolving, the 2017 Tax Cuts and Jobs Act has done the same to the U.S. tax code. During this seminar, Shawn C. Henderson, CPA, …

Jon Gworek Selected to the National Venture Capital Association’s General Counsel Advisory Board

MBBP corporate partner Jon Gworek has been named a member of the The National Venture Capital Association's (NVCA) General Counsel Advisory Board. The NVCA recently announced the formation of this select group, which is comprised of general counsels from NVCA member firms, outside counsels to member firms, and the academic community. There are a total of only 15 members …

Valeritas Featured on Fox Business Network’s Top Morning Show

Fox Business Network's show "Mornings with Maria" featured firm client Valeritas Holdings, Inc. In the segment, Valeritas CEO John Timberlake discussed the V-Go daily insulin delivery device, which is the only such device worn as a patch, and is meant to make life easier for those with Type 2 diabetes. John Timberlake was joined by Joe …

Shannon Zollo Comments on Proposed Aetna-CVS Deal in The National Law Journal Article

Corporate partner Shannon Zollo commented on the legal scrutiny facing CVS Health and Aetna's planned merger in The National Law Journal's article "Lawyers Say Fed. Regulators Likely Will Closely Scrutinize Aetna-CVS Deal." In regards to the proposed merger, which would be a large consolidation within the healthcare industry, Shannon notes that:   It's logical to anticipate …

Joseph Hunt Joins MBBP as Corporate & Tax Associate

We are pleased to announce the addition of corporate and tax associate, Joseph E. Hunt IV. Joe advises emerging and middle-market companies in a wide range of industries and at all stages of their development. Joe also provides counsel to clients on general tax matters, entity formation, and on corporate governance. Prior to joining MBBP, …