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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.

December 05, 2018 - European Union, Regulatory, Intellectual Property
IP Protection Post-Brexit: A Right-by-Right Analysis
By: Alistair Maughan, Wolfgang Schönig, Sana Ashcroft and Robert Grohmann
The United Kingdom is set to leave the European Union on 29 March 2019 (“Exit Date”). With Brexit fast approaching, on 25 November 2018 the EU and the UK announced their consensus on a withdrawal agreement that sets out the terms of the UK's
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December 02, 2018 - Global, Agtech, Regulatory, Intellectual Property
Planting the Seeds of Change
By: Michael Ward Ph.D., Liz Freeman Rosenzweig Ph.D. and Liz Newman Ph.D.
Morrison & Foerster partner Michael R. Ward explained the specialized versions of IP law that have been developed for new plants in his article for Intellectual Property Magazine , “ Planting the seeds of change .” “…plants are unlike other inventions in that they
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November 27, 2018 - United States, Employment
Are Employee Non-Solicitation Clauses Still Legal In California?
By: Lloyd Aubry
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
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November 09, 2018 - AI + Robotics, United States, Regulatory, Data Analytics, Intellectual Property
Patenting Artificial Intelligence in the U.S. – Considerations for AI Companies
By: Jonathan Bockman and Anna Yuan
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
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October 30, 2018 - United States, Biotech, CFIUS, Pharma, Regulatory
New CFIUS Pilot Program: What Life Sciences Companies and Investors Need to Know
By: Robert S. Litt and Joseph A. Benkert
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
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July 26, 2018 - Agtech, European Union, Regulatory, Intellectual Property
CJEU Raises Bar for Use of CRISPR in Europe's Agribusiness: What You Need to Know
By: Wolfgang Schönig
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 organisms into the environment
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May 16, 2018 - European Union, Regulatory, Intellectual Property
Update on the Implementation of the EU Trade Secrets Directive into German Law
By: Wolfgang Schönig
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
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March 01, 2018 - United States, Litigation, Pharma, Intellectual Property
PTAB Rejects Tribal Immunity Proceedings
By: Matthew I. Kreeger
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 a
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January 24, 2018 - United States, Startup, Biotech, Pharma, Regulatory, Intellectual Property
Life Sciences Startups: Patent, FDA Considerations
By: Lisa N. Silverman Ph.D.
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
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December 08, 2017 - United States, Corporate + Venture Capital, Startup, Intellectual Property, Financing
Startup diligence is more than ‘basic IP diligence’
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
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