RFID Law Blog

An increase in government activity affecting the use of RFID and other related SCM technologies in the pharmaceutical and medical device industries is expected in 2009, both in the United States and the EU.  These actions will drive the future of these technologies and their impact on the precision, efficiency, and safety of pharmaceutical supply chains globally.  It will be critical for companies affected by these industries to participate and help shape these government decisions - or risk having harmful decisions made in the next year.

The U.S. Department of Commerce and the European Commission are eager to promote RFID in Europe this spring within the context of the Transatlantic Economic Council.  Following a very successful U.S./EU RFID symposium last fall, both sides have committed to jointly pursue frameworks for advancing transatlantic economic integration to build upon the success of an initial RFID pilot project to demonstrate best practices in other areas including health care and environmental sustainability. 

Companies concerned with how upcoming RFID/SCM requirements will affect their global supply chains have an opportunity to influence the outcome.

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Last week, the RFID Journal reported on a patent dispute case in the US District Courts, in which the plaintiff, Ronald Bormaster plans to seek an appeal based on the judge’s “[mis]interpretation of [his] patent.” While the case has yet to be decided, the court claim construction ruled that Bormaster’s RFID interrogator/reader “does not contain a transmitter,” while the defendants claimed that their system did. Jim McNeill, a partner at McKenna Long & Aldridge, was quoted in the article noting the importance of claim construction as it can “make or break” a patent infringement case.

Rel Ambrozy, also a partner at McKenna Long, remarked in a Aug 2006 article about Bormaster’s case that “end users need to make sure that they consider indemnification very carefully when purchasing” RFID technology. The lawsuit was not filed against the RFID manufacturers, but rather the companies who employed them: Wal-Mart, Target and Gillette.

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In case you missed the RFID Journal Webinar "Intellectual Property and Patent Protection" on April 5, 2007, you can view an archived recording at:

https://rfidjournal.webex.com/rfidjournal/onstage/g.php?AT=VR&RecordingID=204891419

A PDF copy of the slides used in this presentation can be viewed or downloaded by clicking on the link below:

http://www.rfidjournal.net/PDF_download/Webinar_4-5-07.pdf

Doug Farry and Rel Ambrozy, both of McKenna Long & Aldridge, LLP, presented along with the Patent and Trademark Office's Mark Powell.

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