Proskauer Argues Before Supreme Court; Firm Launches New Blogs

Monday, April 28, 2014 - 10:18

Proskauer is arguing a key patent law case before the United States Supreme Court on Monday, April 28, urging the justices to affirm a decision by the Court of Appeals for the Federal Circuit. The case, Nautilus, Inc. v. Biosig Instruments, Inc., will consider the standard for clarity in patent claims.

Proskauer’s client, Biosig, won at the Federal Circuit, which had sent the case back to the district court in a ruling supporting its patent claim for heart-rate-monitor technology. According to a March 26 brief filed by Proskauer on behalf of Biosig: “The Federal Circuit held that a patent claim satisfies the definiteness requirement of 35 U.S.C. § 112, ¶ 2 so long as a person skilled in the art would be able to discern its meaning from the intrinsic evidence in the patent – the claim language, the specification and the prosecution history.” The U.S. Solicitor General has filed a brief in support of Biosig’s position.

Arguing on behalf of Biosig will be Proskauer Appellate Group co-head Mark Harris (New York). On the brief with him are Proskauer’s Litigation Department co-chair Steven Bauer (Boston), Proskauer’s Patent Law Group co-head James Shalek (New York) and Litigation Associates Anthony Cataldo, Jinnie Reed and John Roberts.

Proskauer’s Appellate Group has secured a series of important wins on behalf of clients in recent years, including three Supreme Court wins in the last five years (involving major copyright, labor and criminal sentencing issues), as well as cases in other appellate courts concerning the extraterritorial application of New York State and New York City human-rights laws; the effect of the antitrust laws on sports leagues; class-wide relief for Social Security recipients; the right to child support involving same-sex partners; and ERISA, employment and patent cases.

Proskauer’s Patent Law Group represents clients across the broad spectrum of patent needs, including litigation, contested patent-office proceedings, patent prosecution and intellectual property-related transactions and strategic counseling. The group, with over 50 technically-trained attorneys, is based in Proskauer’s offices in Boston, New York and Los Angeles.

The case is Nautilus Inc. v. Biosig Instruments Inc., No. 13-369, in the U.S. Supreme Court.

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Proskauer’s Insurance Recovery and Counseling Group has announced the launch of its new blog, Risk and Recovery: Legal Insights for the Insured, available at The blog will feature timely commentary and offer resources for policyholders covering all areas of insurance and risk management, including data breach and cyber security, corporate transactions, political risk insurance, property damage and business interruption, and directors and officers, fiduciary liability, and alternative risk transfer vehicles and insurance-linked securities.

“Given the substantial business risks that are emerging and growing, the liability insurance and risk management landscape is becoming increasingly more complex,” said lead editor John Failla, a New York-based Partner in Proskauer’s Insurance Recovery & Counseling Group. “The timely launch of our Risk and Recovery blog will provide our policyholder clients with the tools they need to successfully manage and insure their business’s risk and solve business problems. Our experienced team of litigators will offer analysis of noteworthy legislation, cases, corporate transactions as well as insights on policyholder due diligence and insurance risk management issues effecting board of directors.”

Proskauer’s policyholder-focused Insurance Recovery and Counseling Group is a recognized leader in the insurance field and has been cited by top legal directories such as US Legal 500 and Chambers USA, which called it “the best of the best when it comes to representing policyholders in disputes.” The firm's lawyers have extensive experience in every stage of the insurance recovery and risk management process to help clients proactively mitigate risk and maximize recovery. They advise on all areas of insurance ranging from general liability and product recall to property damage and business interruption, and from directors and officers and professional liability to employment practices and fiduciary liability.

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Proskauer’s False Advertising & Trademark Group has announced today the launch of its new blog, Watch This Space: Proskauer on Advertising Law, available at The blog will feature commentary and insights on a variety of timely advertising law topics facing in-house counsel, advertising, branding and marketing professionals, content creators, social media directors, scientists and statisticians, including legislative and regulatory updates, social media and technology developments, class action false advertising lawsuits, Lanham Act false advertising cases, NAD decisions and FTC, FDA and state governmental investigations and cases.

“The Proskauer on Advertising Law blog will provide companies with the latest information on advertising and social media legal and regulatory developments,” said blog co-editor Lawrence Weinstein. Mr. Weinstein is a litigation partner, co-head of Proskauer’s Intellectual Property Litigation Group, and co-head of the False Advertising & Trademark Group. “Drawing on our comprehensive understanding of the issues that define a company’s ability to advertise its products aggressively, to prevent competitors from falsely advertising competing products, and to protect and enhance their brands, this blog will provide in-house counsel and others with insights into the ever-evolving laws and regulations that impact their daily decision-making and approvals,” Mr. Weinstein said.

In addition to Mr. Weinstein, litigation partner Brendan O’Rourke, co-chair of Proskauer’s Litigation Department and co-head of the False Advertising & Trademark Group, litigation partner Michael Mervis, litigation associates Victoria Loughery, Alexander Kaplan and Jennifer Yang, and law clerk John Browning will serve as blog co-editors.

Proskauer’s False Advertising & Trademark Group brings decades of collective experience to the representation of many of the world’s largest and most iconic companies. Consistently recognized as a top-tier practice by Chambers USA, US Legal 500 and U.S. News – Best Lawyers “Best Law Firms,” Proskauer was named Law Firm of the Year 2013 in advertising law by U.S. News - Best Lawyers and the group was nominated for the prestigious Chambers USA Award for Excellence 2013 in advertising.