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Welcome to Mofo Life Sciences

MoFo Life Sciences shares timely legal and business insights and in-depth analyses on trends and the complex technologies at the heart of the global pharmaceutical, biotechnology, diagnostics, medical devices, digital health, and AgTech fields.

November 14, 2024 - Intellectual Property
Patent vs. Trade Secret Considerations for Cell and Gene Therapies
By: Meghan McLean Poon Ph.D., Alyssa B. Monsen and Andrew N. Murtha Ph.D.
Understanding what to patent versus what to keep as a trade secret is an increasingly important and challenging decision facing companies developing biologics products, such as cell and gene therapies, where technologies are complex and rapidly evolving. Careful consideration of the risks and benefits
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October 28, 2024 - Intellectual Property
Establishing Unexpected Results: PTAB Highlights Pitfalls for Rule 132 Declarations
By: Qiwen Zhong Ph.D. and Lisa N. Silverman Ph.D.
A recent decision by the Patent Trial and Appeal Board (PTAB) sheds light on certain pitfalls patent applicants may encounter when submitting declarations under 37 C.F.R. § 1.132 (“Rule 132 Declarations”). Rule 132 Declarations are frequently used in life sciences patent prosecution to submit
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October 01, 2024 - Intellectual Property
Beyond Final Rejection: What’s Next for Patent Prosecution After USPTO Terminates its After Final Consideration Program?
By: Jeffrey W. Schmidt Ph.D. and Karen G Potter Ph.D.
On October 1, 2024, the United States Patent and Trademark Office (USPTO) announced that it is terminating its After Final Consideration Pilot Program 2.0 (AFCP 2.0), which is set to expire on December 14, 2024. The expiration follows a brief extension from September 30,
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September 30, 2024 - Biotech, Corporate + Venture Capital, Data Analytics, Startup
Life Sciences MoForum 2024 | San Diego: The State of the Life Sciences Industry
By: Erin M. Bosman, Jim Krenn and Karen G Potter Ph.D.
On September 24, 2024, Morrison Foerster hosted another installment of its premier MoForum series at the firm’s San Diego office. Mayor Todd Gloria shared his vision for San Diego’s commitment to the industry. The event featured expert panel discussions on cutting-edge scientific developments, market
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September 19, 2024 - Litigation, Intellectual Property
Under lock and key – Private sales may not qualify as public disclosure
By: Ashley E. Sperbeck and Mark D. McBriar Ph.D.
Recently, the Federal Circuit affirmed a PTAB decision finding that a private sale of a product did not constitute a public disclosure by the inventor of the product.[1] The Leahy-Smith America Invents Act provides exceptions for certain disclosures that would otherwise be considered prior
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September 17, 2024 - European Union
MoForum: Bayer Co.Lab Edition – Charting the Biotech Startup Journey
By: Robert Grohmann and Wolfgang Schönig
On September 12, 2024, Morrison Foerster, in collaboration with Bayer Co.Lab, hosted a pivotal panel discussion under the title “MoForum Charting the Biotech Startup Journey” at Morrison Foerster’s Berlin office. The event provided an in-depth exploration of the biotech startup ecosystem, particularly focusing on
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August 16, 2024 - Intellectual Property, Healthcare, Pharma
Senate Unanimously Passes Bill to Limit Patent Infringement Challenges by Drug Manufacturers
By: Paige N. Chandler Ph.D., Meghan McLean Poon Ph.D. and Matthew A. Chivvis
The Affordable Prescriptions for Patients Act (APPA) of 2023 unanimously passed the Senate on July 11, 2024. The APPA was first introduced to the House on January 30, 2023 by Representative John Cornyn (R-Tx), with the aim of reducing drug prices. The APPA would
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August 15, 2024 - Intellectual Property, Litigation, Pharma
Federal Circuit Clarifies Scope of Obviousness-type Double Patenting in Allergan Usa V. Msn Laboratories
By: Jeffrey W. Schmidt Ph.D., Meghan McLean Poon Ph.D. and Karen G Potter Ph.D.
On August 13, 2024, the U.S. Court of Appeals for the Federal Circuit issued a welcomed decision to patentees in Allergan USA, Inc. v. MSN Laboratories Private Ltd. , No. 24-1061 (Fed. Cir. 2024) clarifying the scope of obviousness-type double patenting (ODP) in the
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August 14, 2024 - Intellectual Property, Healthcare
The PTAB Axes Skin Treatment Patent Under Amgen
By: Mark D. McBriar Ph.D.
The Patent Trial and Appeal Board (“PTAB”) recently invalidated a University of Massachusetts (“UMass”) patent related to the treatment of the skin disease vitiligo in a post-grant review. ( See Forte Biosciences Inc v. University of Massachusetts , PGR2023-00014.) The PTAB found UMass’s claims
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August 08, 2024 - Regulatory
Updates in Uruguay – Accession to the PCT and Announcement of a New GMO Regulatory Framework
By: Liz Freeman Rosenzweig Ph.D. and Michael Ward Ph.D.
Earlier in 2024, Uruguay announced two major updates in the patent and regulatory spheres that are likely to encourage outside investment in Uruguayan industry, particularly for agbiotech: Uruguay is acceding to the Patent Cooperation Treaty (PCT) and is also rolling out a new Gene
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Welcome to Mofo Life Sciences

Patent vs. Trade Secret Considerations for Cell and Gene Therapies

By: Meghan McLean Poon Ph.D., Alyssa B. Monsen and Andrew N. Murtha Ph.D.

Establishing Unexpected Results: PTAB Highlights Pitfalls for Rule 132 Declarations

By: Qiwen Zhong Ph.D. and Lisa N. Silverman Ph.D.

Beyond Final Rejection: What’s Next for Patent Prosecution After USPTO Terminates its After Final Consideration Program?

By: Jeffrey W. Schmidt Ph.D. and Karen G Potter Ph.D.

Life Sciences MoForum 2024 | San Diego: The State of the Life Sciences Industry

By: Erin M. Bosman, Jim Krenn and Karen G Potter Ph.D.

Under lock and key – Private sales may not qualify as public disclosure

By: Ashley E. Sperbeck and Mark D. McBriar Ph.D.

MoForum: Bayer Co.Lab Edition – Charting the Biotech Startup Journey

By: Robert Grohmann and Wolfgang Schönig

Senate Unanimously Passes Bill to Limit Patent Infringement Challenges by Drug Manufacturers

By: Paige N. Chandler Ph.D., Meghan McLean Poon Ph.D. and Matthew A. Chivvis

Federal Circuit Clarifies Scope of Obviousness-type Double Patenting in Allergan Usa V. Msn Laboratories

By: Jeffrey W. Schmidt Ph.D., Meghan McLean Poon Ph.D. and Karen G Potter Ph.D.

The PTAB Axes Skin Treatment Patent Under Amgen

By: Mark D. McBriar Ph.D.

Updates in Uruguay – Accession to the PCT and Announcement of a New GMO Regulatory Framework

By: Liz Freeman Rosenzweig Ph.D. and Michael Ward Ph.D.