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Dr. Jamie Cuticchia

Dr. Jamie Cuticchia

  • Patents, Intellectual Property, Trademarks...
  • North Carolina
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Summary

Dr. A. Jamie Cuticchia, has over 20 years’ academic and industry experience leading groups in computational biology, genomics, high-performance computing, software engineering, and genome database construction. He has raised over $125,000,000 in research funding during his career. He has held numerous leadership positions including professorships at the Johns Hopkins University School of Medicine and the University of Toronto Faculty of Medicine.

Dr. Cuticchia founded the Ontario Center for Genomic Computing, a Top 500 Supercomputing Center and the largest supercomputing center devoted solely to addressing issues of life sciences. He also held several full and part-time industrial positions including Director of Computational Biology for the MITRE Corporation, Director of Bioinformatics and Genomics for ChemGenics Pharmaceuticals, Director of Drug Discovery Information Technology for Millennium Pharmaceuticals, Consulting Vice President of Genomic Information for Ceres Genomics, and CIO for SynX Pharmaceuticals, and scientific founder of New Chemical Entities.

He was Director of Bioinformatics for the Research Triangle Institute. While at Duke, Dr. Cuticchia held several concurrent bioinformatics positions within both clinical and translational research including Duke Bioinformatics Scholar. Dr. Cuticchia was ranked in 2001 as a Genome Technology All-Star, one of the Top 3 Bioinformaticians worldwide responsible for the success of the Human Genome Project. He has numerous publications including four books on the human genome and fifth book on microarray analysis released in 2009.

In May 2009 Dr. Cuticchia was awarded a Juris Doctor degree from North Carolina Central University (magna cum laude) where he previously served on the NCCU Law Review and was Managing Editor of the Biotechnology and Pharmaceutical Law Review. He formed AJC Legal Services in 2009 to practice intellectual property and help entrepreneurs in the area as well as Patent Law, specific to biotechnology. He holds the position of Associate Director, Research & Development at the Biotechnology and Pharmaceutical Law Institute in Durham, NC. His interest in litigation led to Dr. Cuticchia devoting time to criminal defense. He has litigated numerous cases. He continues to consult in the biotechnology area as well being a consultant to the film and television industry. His most recent book, Genetics: a Handbook for Lawyers, published by the ABA is a bestseller.

Practice Areas
  • Patents
  • Intellectual Property
  • Trademarks
  • Employment Law
Fees
  • Free Consultation
  • Credit Cards Accepted
    Visa, Mastercard, AMEX
  • Contingent Fees
Jurisdictions Admitted to Practice
North Carolina
4th Circuit
Languages
  • English: Spoken, Written
Education
North Carolina Central University School of Law
J.D. | Law
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Honors: Magna Cum Laude, Law Review
Activities: Managing Editor, Biotech and Pharmaceutical Law Review; Staff, NCCU Law Review
University System of Georgia - University of Georgia
Ph.D. | Genetics and Bioinformatics
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Honors: UGA Fellow, NIH Trainee, ASHG Travel Award
University of Maryland - Baltimore County
B.A. | Biological Sciences
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Awarded the top scholarship in the State of Maryland - MD Distinguished Scholar.
Honors: Cum Laud, Outstanding Graduate in Biological Sciences, Graduate of the Honors program.
Certifications
Patent Attorney
USPTO
Fourth Circuit, EDNC
Fourth Federal Circuit
Websites & Blogs
Website
AJC Legal Services
Legal Answers
11 Questions Answered

Q. Can a landlord renew a lease without guarntors consent?
A: Given the question as posted, this is not an IP issue.
Q. I have a coaster that has a saying on it. I've used it in a photograph I took at my home. May I use this photo?
A: The relevant terms of use of Instagram: You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. I don't see the photo. But, if the above is true it appears that it would not violate this term.
Q. Can an employer accuse you of theftpurely based by video
A: What an employer can do with respect to "investigate" is highly factual specific with respect to laws, company policies, etc. In this situation, I am going to hit what I think is going to be the central focus of where this is going. Job security. NC is an incredibly pro-employer state. In NC, an employer can fire an employee at any time, for any reason, or for no reason at all, so long as that reason isn't discriminatory. (That's the basics of the law.) Many employers have policy and procedures manuals, however it is very difficult to win a wrongful termination case based solely on the employer's failure to follow their own policies. However, the ESC does take those facts into strong consideration when deciding to award unemployment compensation. There is an interesting NC example I like to share with clients. There was a case when an employer had the right to make their employees take random drug tests. An employee was given a test and it showed positive. The employee challenged the test and another independent test was done and it showed that the employee tested negative. Shortly thereafter, the employee was fired. The court held that it was within the right of the company to fire that employee anyway. The reason given was that if the employer had reason to believe the employee was a drug risk (which would have occurred AFTER the results of first test), that would be an acceptable reason for firing the employee. The fact that the test was incorrect, was irrelevant. Your actions at this point may be part of what is ultimately decided for job status. In general, an employee who is accommodating and pleasant during an "investigation" should be more likely to avoid any negative job consequences. There are two kinds of justice: moral justice and legal justice. Unfortunately, attorneys can only seek to provide the latter.
Q. How can someone trademark fairy dust?
A: A trademark is mark which is associated with goods or services. It originates from the use of specific insignia by silversmiths in England to differentiate their work from another. In order to trademark "fairy dust, " first the mark cannot already be in use for the class of goods you would want the trademark for. You can file either as an "intent to use" or "used in commerce" status. Intent to use is basically filing the trademark paperwork before the mark is actually used in commerce. When you begin using the mark, you would submit a specimen of the mark used in commerce to the USPTO. The other option is to file when the mark is being used in commerce and submit the sample at that time. Trademark law has many technicalities, if you are intent in doing this, I would suggest contact a patent/trademark attorney. THE INFORMATION ABOVE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.
Q. Can I patent a baby booster seat?
A: It falls within the regulations of what can and cannot be patented. So yes, baby booster can be patented. You could apply for the DESIGN (ornamental appearance) of your seat as well as a Utility Patent for the seat itself. Filing a patent can be very expensive. I would strongly advise you to have a prior art search done either through a patent agent/attorney as the first step to make sure that your invention would be novel when compared to other baby booster seats. I would also give you caution as to disclosure of your invention. If an invention has been disclosed for more than one year it is ineligible for patenting. Inventors have this time to "test the market." There is also what is referred to as a Provisional Patent. These are what you find in books of "patent pending in 24 hours" ilk. Previously, a provisional patent was a way to gain an extra year of disclosure to test the market. However, the landscape has changed since the passage of the America Invents Act. The AIA changed patent eligibility from "first to invent" to "first to file." Theoretically, you could testing the market within your one year period, and another could file a patent for your invention. It would then be through costly administrative procedures, including filing suit in Federal Court, to prove your prior inventorship. But having a provisional patent sets YOUR first to file date. My strong suggestion is to speak with a patent attorney and have them go through all this in detail. THE ABOVE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS.
Q. Is it legal in NC for an employer to not pay you time in a half but instead give you straight hourly pay ?
A: Generally no. But this is very specific to the job you have in terms of its classification. This is the link which discusses NC law on this issue. http://www.nclabor.com/wh/fact%20sheets/overtimepay.htm My advice would be to talk to an employment attorney about your exact circumstances. THIS IS FOR EDUCATIONAL PURPOSES ONLY. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED.
Q. I have a trademark for the same name and same class but different goods
A: In examining a Trademark, the USPTO determines whether the use of the mark to identify your goods would confuse the public that they are made by the same company which has the same mark. The Class, as you noticed can be very broad. However, in applying for a trademark you will describe EXACTLY what the mark is for. When searching through the class of goods, if there is a selection which describes your goods, then it likely should be selected. However, if it is not, for example software which is designed specifically to perform a task which isn't in the list, when you process your application, you can tell the USPTO what it is and they will supply an examiner's amendment to your description. This can result in modest fees. Trademark law is very complicated and can result in the loss of your mark or more importantly result in a lawsuit for trademark infringement. You should get an attorney to file the mark for you. Think of the attorney's fees as an investment to prevent actionable mistakes you could make if you tried to register the mark yourself. THIS IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT REALATIONSHIP. YOU SHOULD CONSULT YOUR OWN ATTORNEY.
Q. What programming language should software copyrights be in?
A: Yes. THIS IS FOR EDUCATIONAL PURPOSES ONLY
Q. Is my idea for a fact compilation database protectable by patent, copyright or neither?
A: Copyright law used to require that the person seeking copyright for compilations must do more than compiling data. This was the "sweat of the brow" doctrine. That has changed, however. A compilation of data can be copyrighted, but is must only contain the "facts." Even so little as taking a comment from the author of a source of data can result in copyright infringement. THIS IS FOR EDUCATIONAL PURPOSES ONLY.
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Attorney-at-Law
AJC Legal Services
16 W. Martin, Ste 308
Raleigh, NC 27601
USA
Telephone: (919) 747-4107 Ext. 7474107