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Derek E. Constantine

Associate

[email protected]

+1.617.348.1793

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Derek’s practice focuses on the intellectual property assets and technology application portfolios of start-up, US, and international companies in a variety of industries, including medical devices, life sciences, robotics, electrical signal processing, automotive technology, and energy technology. In particular, his practice has focused on medical devices concerned with neuromodulation, nerve stimulation, and minimally-invasive surgery.

Prior to joining the firm, Derek practiced at a Washington, DC–area law firm specializing in intellectual property, where he drafted and prosecuted patent applications, prepared appeal briefs and reply briefs for the Patent Trial and Appeal Board, and managed international patent portfolios.

Earlier, for the USPTO, Derek examined pending applications relating primarily to medical diagnostic imaging, including MRIs and sonograms.

Education

  • Georgia State University (MBA)
  • Georgia State University (JD, magna cum laude)
  • Georgia Institute of Technology (BS, Biomedical Engineering)

Experience

  • Represent private equity-owned Wayne Fueling Systems, formerly a division of General Electric, which manufactures fuel dispensers for petroleum retailers and commercial fleets, and compressed natural gas fueling pumps. Mintz handles worldwide patent and trademark strategy and prosecution, and enforces those protections in the US and abroad. The firm's relationship attorney serves as outside patent counsel and sits on the patent review committee, working directly with the company's stakeholders in developing patent strategy.

Viewpoints

Most people are familiar with blockchain technology because of its use in cryptocurrency, but its use is going to be far more widespread than just as a ledger for digital currency. 
The term “blockchain” is everywhere, and it is likely that you will interact with blockchain technology every day in the years to come.
If you purchased anything from a website using a one-click purchase button, you indirectly paid Amazon for that ability, at least up until September 11, 2017 when Amazon’s patent to this technology expired. As a result, one-click purchasing might become the new norm.
A variety of options are available to applicants to speed up patent application examination at the U.S. Patent and Trademark Office. 
The U.S. Patent and Trademark Office (USPTO) has launched a new Automated Interview Request (AIR) Form that allows practitioners to submit an online request for an interview with an examiner.  The online form allows applicants to request an interview at any time without calling the examiner over the phone and leaving a message, which is a common practice now.
The latest trend in patent examiner prior art searches is pushing examiners to use the Scientific and Technical Information Center (STIC) Program to use more foreign patents and foreign non-patent literature during patent prosecution.
The Clarity of the Record Pilot program is an ongoing and evolving program that is part of an attempt by the U.S. Patent and Trademark Office (USPTO) to produce high-quality patents as part of the Enhanced Patent Quality Initiative (EPQI).
The U.S. Patent and Trademark Office (USPTO) recently released a Performance and Accountability Report (PAR) for the 2016 fiscal year, evaluating a variety of programs at the USPTO and detailing ongoing goals of the USPTO. 
George Bailey stands on a bridge begging for another chance at life. Upon being granted a second chance, he joyously runs home to embrace his family. As the community of Bedford Falls rallies around him and raises funds to save the endangered Building and Loan and George Bailey personally from an unjustified failure, someone proclaims a toast to George Bailey, “the richest man in town.”
A recent U.S. District Court decision has clarified a potential danger when filing terminal disclaimers that contain overly-broad language. The U.S. District Court for the Northern District of Illinois in Hagenbuch v. Sonrai Systems interpreted the terminal disclaimer language “I hereby disclaim the terminal part of any patent granted on the above-identified application or any continuation of it” as applying to any continuation application claiming priority from the application in which this terminal disclaimer was filed.