Gerald M. Murphy Jr. Image

Gerald M. Murphy Jr.

is a Partner with Birch Stewart Kolasch Birch LLP. He has practiced in the intellectual property field for over 35 years, and has prosecuted numerous patent applications in the areas of biotechnology, biopharmaceuticals, therapeutic antibodies, organic chemistry, biochemistry and pharmaceuticals. Mr. Murphy has also prosecuted a variety of Post-Grant Review applications and handled numerous appeals within the U.S. Patent and Trademark Office. He has conducted a multitude of Oral Hearings before the U.S. Board of Patent Appeals and Interferences and the Patent Trial and Appeal Board and has represented clients in a variety of post grant matters, including inter partes reviews, interferences and reexaminations. He has personally participated in over 30 patent interferences.

Mr. Murphy has counseled clients and prepared numerous opinions analyzing patent validity and infringement issues, managed worldwide patent portfolios and lectured before international audiences on U.S. patent law and case law developments. Mr. Murphy served as the sole arbitrator in two arbitrations involving patent and licensing issues in the fields of DNA diagnostics and therapeutic monoclonal antibodies and has served as an expert witness in patent infringement litigations and an arbitration involving a patent license agreement.

Mr. Murphy chairs BSKB’s annual Patent Prosecution Seminar and Post Grant Bootcamp.

Recent Articles by Gerald M. Murphy Jr.

Cuozzo and Broadest Reasonable Interpretation – Should the Ability to Amend Be Relevant?

On July 8, in In re Cuozzo, the CAFC denied en banc review of a prior panel decision that confirms the PTAB can use a different standard for interpreting claims than a district court. The patent owner in In re Cuozzo filed a Petition for a Writ of Certiorari to the Supreme Court on October 6, 2015. The response was due on November 9, 2015. If the Supreme Court takes up the issue, it could decide contrary to the current Federal Circuit precedent. It is also possible that Congress could change the standard for claim construction that applies to post-grant proceedings through legislation.