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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.

August 18, 2020 - United States, Litigation, Intellectual Property
Personalized Medicine Claims Get a Boost under New MPEP Revision
By: Meghan McLean Poon Ph.D.
The United States Patent and Trademark Office (USPTO) published the latest revision to its Manual of Patent Examining Procedure (MPEP) on June 30, 2020. According to the Executive Summary, in this revision, nearly all of the 27 chapters have been updated to incorporate new
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August 12, 2020 - United States, Litigation, Pharma, Intellectual Property
Casting a New Light on Diagnostic Patents: “Methods of Preparation” Patent-Eligible
By: Karen G Potter Ph.D.
The ability of life sciences companies to rely on patent protection for diagnostic methods has been eroded over the last ten years, although recent court decisions evidence a rebuilding framework. While courts have consistently invalidated diagnostic methods as lacking patent eligibility, claims re-framed as
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August 07, 2020 - Licensing + Commercial, United States, Litigation
California Supreme Court Clarifies Standards for B2B Non-Competition Agreements and Disputes in California
By: Eric Akira Tate
This week, on August 3, 2020, the California Supreme Court issued its opinion in Ixchel Pharma, LLC v. Biogen, Inc. , which resolved two questions regarding the standards to be applied for non-competition agreements and disputes between businesses in California. The first was whether
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July 25, 2020 - United States, COVID-19, Intellectual Property
Bill Proposes 10 Additional Years for COVID-19 Inventions
A proposed bill offers a potential boon to patent owners. If passed, the “Facilitating Innovation to Fight Coronavirus Act” will add ten years to the patent term of eligible inventions. However, the bill will temporarily curtail patent owner enforcement rights. Passage is not certain,
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July 22, 2020 - Biotech, Pharma, Regulatory, Asia
China to Criminalize Human Genetic Resources Violations
On June 28, 2020, the draft 11 th amendment to China’s Criminal Law (the “Draft”) was submitted to the Standing Committee of the National People’s Congress for review. The Draft added a number of crimes intended to “connect” with certain provisions in China’s Human
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July 13, 2020 - United States, Litigation, Intellectual Property
Should Cos. Use USPTO's New Fast-Track Appeals Program?
By: Anita Choi and Michael Ward Ph.D.
Joe Adamczyk, Anita Choi, and Michael Ward authored an article for Law360 covering the U.S. Patent and Trademark Office’s (USPTO) decision to begin accepting petitions for the fast-track appeals pilot program, a new program aimed at shaving off time during ex parte appeal. “Appeals
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July 10, 2020 - Biotech, Pharma, Regulatory, Asia
China’s Biosecurity Law will cover Human Genetic Resources
During its April 2020 meetings, the Standing Committee of China’s National People’s Congress reviewed a number of draft legislations, among which was a draft Biosecurity Law. At the conclusion of the meetings, the second draft of the Biosecurity Law (the “Draft”) was published for
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July 08, 2020 - United States, FDA, COVID-19
FDA Establishes Clear Requirements for COVID-19 Vaccine
By: Matt Karlyn
On June 30, 2020, the U.S. Food and Drug Administration released its much anticipated guidance on the licensure of COVID-19 (SARS-CoV-2) vaccines. According to the New York Times , there are currently over 145 COVID-19 vaccines in development across the globe with 20 in
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June 29, 2020 - United States, COVID-19, Intellectual Property
Expedited Trademark Applications for COVID-19-Related Goods and Services
By: Joyce Liou and Eoin Connolly
Recognizing the need for companies to quickly get products to market that might help combat the COVID-19 pandemic, the United States Patent & Trademark Office is now paving the way for shorter examination timelines for qualifying trademark applications. This could prove especially useful in
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June 08, 2020 - FDA, COVID-19, Product Liability + Class Action
How FDA Is Monitoring the COVID-19 Product Market
By: Erin M. Bosman and Julie Y. Park
FDA is actively “monitor[ing] the online ecosystem for fraudulent products peddled by bad actors seeking to profit from this global pandemic.” The agency says it has discovered hundreds of fraudulent COVID-19 products, including drugs, test kits, and PPE sold online with unproven claims. It is working
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Welcome to Mofo Life Sciences

Personalized Medicine Claims Get a Boost under New MPEP Revision

By: Meghan McLean Poon Ph.D.

Casting a New Light on Diagnostic Patents: “Methods of Preparation” Patent-Eligible

By: Karen G Potter Ph.D.

California Supreme Court Clarifies Standards for B2B Non-Competition Agreements and Disputes in California

By: Eric Akira Tate

Bill Proposes 10 Additional Years for COVID-19 Inventions

China to Criminalize Human Genetic Resources Violations

Should Cos. Use USPTO's New Fast-Track Appeals Program?

By: Anita Choi and Michael Ward Ph.D.

China’s Biosecurity Law will cover Human Genetic Resources

FDA Establishes Clear Requirements for COVID-19 Vaccine

By: Matt Karlyn

Expedited Trademark Applications for COVID-19-Related Goods and Services

By: Joyce Liou and Eoin Connolly

How FDA Is Monitoring the COVID-19 Product Market

By: Erin M. Bosman and Julie Y. Park