Brian Moriarty of Hamilton Brook Smith Reynolds Quoted in Mass Lawyers Weekly article on Recent Supreme Court Cases

July 2, 2014

Massachusetts Lawyers Weekly

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The following are excerpts from the article in Massachusetts Lawyers Weekly as written by Brandon Gee.

Brian MoriartyA flurry of patent and other intellectual property decisions from the U.S. Supreme Court is keeping the state’s most vibrant practice area on its toes.

“It’s terrific,” said Brian T. Moriarty of Hamilton, Smith, Brook & Reynolds in Concord. “The Supreme Court this year and the last several years is recognizing how important IP is to our nation’s economy. They’re recognizing it deserves a high level of attention.”

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‘ABC v. Aereo’

In one of the most recent IP decisions, the justices ruled 6-3 that TV-over-the-Internet startup Aereo — which is based in New York but has most of its staff, including general counsel Brenda M. Cotter, in Boston — was violating broadcaster copyrights.

Some lawyers believe the Supreme Court ruling was inevitable.

“It’s basic common sense,” said Moriarty, who thinks the decision, while potentially fatal to Aereo, will not have many broader implications. “The broadcast system pays a lot of money to broadcast an NFL game. You can’t just take it for free and give it away to others for a charge. The decision seems pretty obvious to me.”

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Patent cases

The Supreme Court’s most recent patent ruling, Alice Corp. v. CLS Bank International, continued this year’s trend of unanimous decisions narrowing the scope and enforceability of patents.

The opinion builds on the longstanding precedent that “abstract ideas” are not patentable.

“There’s a lot of high-tech companies around Massachusetts,” Moriarty noted. “One of the things this means is you need to have smarter lawyers writing your patents so that they are enforceable.”

The full article can be found on the Massachusetts Lawyers Weekly website.

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July 2, 2014

Massachusetts Lawyers Weekly

View Link

The following are excerpts from the article in Massachusetts Lawyers Weekly as written by Brandon Gee.

Brian MoriartyA flurry of patent and other intellectual property decisions from the U.S. Supreme Court is keeping the state’s most vibrant practice area on its toes.

“It’s terrific,” said Brian T. Moriarty of Hamilton, Smith, Brook & Reynolds in Concord. “The Supreme Court this year and the last several years is recognizing how important IP is to our nation’s economy. They’re recognizing it deserves a high level of attention.”

-------------------------------------------------------------------------------

‘ABC v. Aereo’

In one of the most recent IP decisions, the justices ruled 6-3 that TV-over-the-Internet startup Aereo — which is based in New York but has most of its staff, including general counsel Brenda M. Cotter, in Boston — was violating broadcaster copyrights.

Some lawyers believe the Supreme Court ruling was inevitable.

“It’s basic common sense,” said Moriarty, who thinks the decision, while potentially fatal to Aereo, will not have many broader implications. “The broadcast system pays a lot of money to broadcast an NFL game. You can’t just take it for free and give it away to others for a charge. The decision seems pretty obvious to me.”

-------------------------------------------------------------------------------

Patent cases

The Supreme Court’s most recent patent ruling, Alice Corp. v. CLS Bank International, continued this year’s trend of unanimous decisions narrowing the scope and enforceability of patents.

The opinion builds on the longstanding precedent that “abstract ideas” are not patentable.

“There’s a lot of high-tech companies around Massachusetts,” Moriarty noted. “One of the things this means is you need to have smarter lawyers writing your patents so that they are enforceable.”

The full article can be found on the Massachusetts Lawyers Weekly website.

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