New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Safraz Ishmael

Safraz Ishmael

Senior Counsel

Safraz Ishmael is a senior counsel in the Litigation Department, and a member of the firm’s Patent Law Group. He focuses his practice on litigating technology-related disputes, with a particular emphasis on complex patent, trade secret, copyright, and trademark litigation. Safraz holds a graduate degree in physics, and undergraduate degrees in physics and computer science.

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Supreme Court Limits Foreign Reach of the U.S. Patent Act

The supply from the United States of a single component of an invention, for assembly of the invention abroad, is not patent infringement under Section 271(f)(1) of the Patent Act. This is according to a unanimous ruling yesterday by the United States Supreme Court. The court found significant limitations on the reach of Section 271(f)(1), a law … Continue Reading

Close Shave on Whether Cease and Desist Letter Creates DJ Jurisdiction

Rather than wait around for the hammer to fall, companies under threat of an intellectual property lawsuit sometimes choose to file a declaratory judgment complaint. Such “DJ” complaints usually ask the court to clear the air and decide the issue in the filer’s favor. Declaratory judgment filers are often motivated by the fact that they can … Continue Reading

On Appeal, No Fee Shifting Credit for LevelUp

In a recent patent appeal involving a Boston-based mobile payment startup, the Court of Appeals for the Federal Circuit signaled its reluctance to disturb district courts’ discretion in fee shifting decisions. The Federal Circuit affirmed, without a written opinion, the District of Massachusetts’ decision denying LevelUp an award of attorneys’ fees, even though LevelUp had won summary … Continue Reading

Massachusetts Court Clears Patent Prosecutors of Malpractice Claims Arising From Representation of Clients in Same Technology Area

The Massachusetts Supreme Judicial Court yesterday affirmed a lower court’s dismissal of a legal malpractice suit finding that, “simultaneous representation by a law firm in the prosecution of patents for two clients competing in the same technology area for similar inventions is not a per se violation,” of certain Massachusetts attorney professional conduct rules. The … Continue Reading

Congratulations to Proskauer’s Mark Harris, Named “Litigator of the Week” for Biosig Patent Victory at the Federal Circuit

We wish to express our congratulations to Proskauer’s appellate litigator Mark Harris, who spearheaded a significant patent litigation victory on April 27 when the Federal Circuit reaffirmed a decision vacated by the Supreme Court, ruling in favor of Biosig Instruments in what is now the leading case concerning whether patent claims are invalid as indefinite. The Am Law … Continue Reading

Biosimilars Update

Novartis came one step closer to becoming the first company to offer a biosimilar drug for sale in the United States. Last month, an independent panel voted 14-0 to recommend FDA approval of Sandoz’s (Novartis’ generics division) application for its proposed ZarxioTM cancer drug – a generic version of Amgen’s patented Neupogen®. The decision is … Continue Reading

Innovation Festival Planned for Boston in October 2015

It is being touted as Boston’s version of Austin’s South by Southwest (SXSW).  MIT, Harvard, the Boston Globe, and Massachusetts General Hospital last week announced that they are collaborating to launch an innovation festival, scheduled for October 3-10, 2015, in Boston.  The festival has been named HUBweek, and is described on its website as, “a week long … Continue Reading

Alice Flounders at the Two-Step Waltz

In a much awaited decision, the U.S. Supreme Court, on June 19, unanimously ruled that four financial services patents owned by the Australian company, Alice Corporation, are patent ineligible because they are drawn to the “abstract idea” of intermediated settlement (the use of a third party to mitigate settlement risk in financial transactions).  Because they … Continue Reading
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