December 7, 2015 (NEW YORK) – Proskauer was recognized by the Financial Times as one of the most innovative law firms in North America. The Firm was “Commended” in the FT’s North America Innovative Lawyers 2015 awards’ “Protecting clients’ business” category for its groundbreaking litigation victory on behalf of Biosig Instruments.
Biosig claimed that Nautilus, Inc. had infringed Biosig’s patent for a heart-rate monitor. After the U.S. Court of Appeals for the Federal Circuit ruled in favor of Biosig’s patent, Nautilus appealed to the United States Supreme Court (SCOTUS), reasoning that the Federal Circuit’s standard for patent definiteness was too lenient.
The Firm’s Appellate and Patent Law groups collaborated to create a new standard that Biosig’s patent could meet while being sufficiently strict for SCOTUS endorsement. SCOTUS agreed with our argument: In June 2014, it adopted the groups’ proposed standard almost verbatim and remanded the case for the Federal Circuit to evaluate Biosig’s patent using the new standard.
The Federal Circuit ruled for Biosig in April 2015. Nautilus’s subsequent requests for a Federal Circuit rehearing and SCOTUS review were denied, putting an end to a decade of litigation.
The Proskauer team in the case included Mark Harris (Appellate) along with Steve Bauer and Jim Shalek (Patent Law).
Proskauer won North America Innovative Lawyers awards in 2014 for the Capital Markets Group’s pioneering Global High-Yield Bond Study and IPO Study, as well as for representing American Realty Capital Properties in its $11.2 billion acquisition of Cole Real Estate Investments.