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Alicia Russo

has experience in complex patent litigation, as well as in oil and gas, biotechnology, bioinformatics, vaccine, therapeutic antibodies, and pharmaceutical patent prosecution. Her primary focus is in the area of pharmaceuticals and biotechnology. She has successfully represented clients in reexaminations and interferences before the U.S. Patent and Trademark Office. Ms. Russo’s scientific career spanned 12 years and she is extensively published in noteworthy scientific journals, such as Science, Nature, Cell and the Proceedings of the National Academy of Sciences, with cover articles in both Nature and Cell. CLICK HERE for her firm biography page.

Recent Articles by Alicia Russo

The Mayo Framework Does Not Moot Preemption

While Mayo and Alice presented a two-part “framework” to address when a particular claimed invention preempts a “fundamental principle,” neither case purported to have that framework replace a preemption inquiry nor authorize a court to ignore the ultimate question, i.e., does the claim preempt a fundamental principle instead of merely claim a practical application of such a principle? The failure to consider preemption has resulted in courts and the PTO over-using §101 in a gatekeeper or threshold fashion for which it was never intended to be used, either as enacted by Congress or as interpreted by the Supreme Court.