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Nick Landau advises clients in the procurement, protection and litigation of all forms of intellectual property, including patents, trademarks and trade secrets. He is particularly experienced in patent prosecution, having drafted over 150 patent applications in numerous areas of technology. His patent prosecution experience includes multiple successful ex parte appeals. He has worked with patents in a broad array of technological disciplines and has extensive knowledge in the areas of biotechnology, pharmaceuticals, nutraceuticals, medical devices and environmental technology. His clients include individuals, universities, startups, growing businesses and publicly traded companies. View articles by Nicholas

B.S. Environmental Science
Ph.D. Environmental Science with a Concentration in Environmental Microbiology

Patent Registration Number: 57,120

In 2011 the Supreme Court announced that methods of diagnosing disease are ineligible for patenting under its landmark decision, Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2011). The decision, authored by Justice Stephen Breyer, reasoned that measuring the concentration of a biomarker (in that case a drug metabolite) and diagnosing

Patent Examiners Who Cut Corners in Subject Matter Eligibility Decisions Can Be ReversedDue to the rapidly shifting requirement for subject matter eligibility, some patent examiners seem to believe that, when it comes to software inventions, they are entitled to assume the invention is not patent eligible subject matter under § 101, and it is the applicant’s duty to prove otherwise. A recent decision by the Patent Trial