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.
The Fourth District Court of Appeals in San Diego on November 1, 2018, issued AMN Healthcare Inc. v. Aya Healthcare Services Inc., in which it called into question the continuing viability in California of employee non-solicitation clauses found in many employment contracts and proprietary …›
Artificial intelligence (AI) encompasses technologies that have become increasingly relevant — and strategically important — to companies of all sizes across a wide range of fields. For example, AI technologies such as computer vision are critical to the operation of autonomous vehicles and pick-and-place …›
As many life sciences companies and investors are aware, the U.S. Department of the Treasury (“Treasury”) recently announced a new “pilot program” for the Committee on Foreign Investment in the United States (“CFIUS”) effective November 10, 2018. The pilot program implements certain provisions of …›
Today, the Court of Justice of the European Union (“CJEU”) has issued its much awaited decision on the classification of genome-editing tools such as CRISPR/Cas9, Talen or zinc finger within the framework of the EU’s Directive 2001/18/EC on the deliberate release of genetically modified …›
The EU Trade Secrets Directive, officially titled “Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure” (the “TSD”), is a legal instrument by the European Union (EU) that is intended to harmonize …›
On February 23rd, 2018, a panel of the Patent Trial and Appeal Board (PTAB or “Board”) decided that: (1) Indian tribal sovereignty did not apply to post-grant proceedings established under the America Invents Act (AIA) and (2) licensing agreements between a tribe and …›
Innovator companies at all stages seek patent protection in order to limit market competition. Many early-stage companies seek patent protection with the additional goal of attracting investment. However, even if patent filings are accelerated in order to raise funds, it is important that early-stage …›
In technology-based startup companies, the strength and integrity of a company’s IP portfolio is a key indicator of its enterprise value. Wise investors closely scrutinize the IP of their targets by doing basic IP diligence. But doing only basic diligence can leave investors blind …›
In both the U.S. and the EU, it is generally acknowledged that the enforcement and commercialization of IP rights must comply with the applicable antitrust laws. This is particularly true for IP licensing. While the majority of provisions in license arrangements will not be …›
A harmonized trade secrets protection regime is coming to Europe and the U.S. Until now, the approach to trade secrets across Europe has been fragmented, with some countries having specific trade secrets legislation and others relying on unfair competition, tort, or contract law. …›