Media Mentions
2008
Toby H. Kusmer was quoted on October 30 by Law360 in an article regarding the U.S. Court of Appeals for the Federal Circuit's ruling in In Re Bilski. The court ruled that the business method failed to meet the test requiring a process to be tied to a particular machine or to physically transform an article into something different. Mr. Kusmer noted that the court tried to reconcile all previous tests and ended up ruling down the middle. "Proponents of business methods wanted a broad interpretation that said anything under the sun made by man should be patentable, while the other side didn't like business methods at all. Traditionally business methods were not considered patentable until State Street, which opened up a can of worms," he said.
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Patent Prosecution
Toby H. Kusmer was quoted in the June 6 issue of the Boston Business Journal in an article regarding the most unique patents IP lawyers' have helped secure and protect. Mr. Kusmer noted that when stereo TV was first considered in the 1980s, the Broadcast Television Systems Committee (BTSC) wanted to develop a uniform standard to prevent competing technologies that could have hindered the success of stereo transmission. "Originally developed to reduce noise in audio signals recorded on magnetic tape, the Adaptive Signal Weighting System patent disclosed and claimed technology later adopted by the BTSC for reducing noise in the 'R-L channel' of stereo audio for analog TV," Mr. Kusmer said.
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Patent Prosecution
2007
Toby Kusmer was quoted in the March 2 issue of the Boston Business Journal regarding changes to the Federal Rules of Civil Procedure which went into effect on December 1, 2006. "This is a classic case of the law not really being ready for changes in the way we do business," commented Mr. Kusmer. He continued by commenting that "The rule changes are affecting the advice lawyers give their clients in terms of how to keep their electronic records and have consistent policies in place. Otherwise, clients could set themselves up for charges of destroying evidence."
Toby H. Kusmer PC, Intellectual Property, Media & Technology
McDermott was mentioned on page one of the Sunday, February 25 Boston Globe in regard to assisting pro bono client Bedside Advocates. Toby Kusmer, Stephen Bernstein and Kaley Klanica comprise our pro bono team.
Stephen W. Bernstein, Toby H. Kusmer PC, Pro Bono
2003
Toby Kusmer was quoted in the April 26 issue of The Boston Globe regarding a trademark dispute between a small cooperative art gallery and Intel Corp. "As a trademark owner you worry that your trademark may become generic, or diluted," commented Mr. Kusmer. He continued by commenting that the pursuit of 'Art Inside' is a "stretch…There is very little likelihood of confusion."
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Trademark/Brand Protection & Enforcement
Toby Kusmer was quoted in the February 28 issue of The Boston Business Journal regarding the protection of copyrights. Mr. Kusmer commented that many companies have difficulty stopping knockoffs of their products from coming into the country.
Toby H. Kusmer PC, Copyrights, Intellectual Property, Media & Technology
2002
Toby Kusmer was quoted in the April 12-18 issue of the Boston Business Journal in regard to waiting for the U.S. Supreme Court to decide on the Festo v. SMC case, which could weaken and devalue patents by narrowing the scope of protection currently afforded to patent holders.
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Patent Prosecution
Toby Kusmer was quoted in the March 29 issue of the Boston Business Journal in regard to the lawsuits arising in the biotech industry. The article mentions that biotech lawsuits sometimes get emotional because the executives involved invented the technology or product in dispute.
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Life Sciences & Medical Devices
Toby Kusmer was quoted in the March 1 issue of Boston Business Journal in an article addressing M&A activity in the telecom sector. Mr. Kusmer commented that "there’s some bottom-fishing right now," and many of the current deals are considered "distress" sales."
Toby H. Kusmer PC, Mergers & Acquisitions, Restructuring & Insolvency, Telecommunications
2001
Toby Kusmer was quoted in the August 1 issue of The Boston Globe in regard to the recent success of Aboimed, Inc.'s self-contained mechanical heart and the lack of intellectual property protection the company has on the heart. The company chose to keep the technologies and processes as trade secrets rather than filing for patents because of the limited length of patents. Mr. Kusmer commented on the risks of trade secrets, "once somebody independently invents it or discovers it, you have no way of stopping them for using it."
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Patent Prosecution
