A Structured Guide to Recent Case Law of the Court of Justice of the European Union on Supplementary Protection Certificates in Europe
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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.
- In principle, patents confer protection for a maximum of 20 years. In Europe, however, the patent terms for pharmaceutical products that meet the conditions necessary for supplementary protection certificates (“SPC”) can be extended for up to five years. Once a patent has been filed,... ›
The EU General Court’s Ruling on Pay for Delay
By: Wolfgang Schönig, Andreas Grünwald, Jens Hackl, Theresa Oehm and Robert Grohmann
The EU General Court (“Court”) reduced the fines imposed on Servier SAS and its subsidiaries (“Servier”) from a total of €428 million to €315 million (see press release no. 194/18), thereby partially annulling a European Commission (“Commission”) decision. The Court confirmed the Commission’s finding that... ›A New Year's Gift for Patent Applicants?
By: Jonathan Bockman, Christopher Gloria and Karen G Potter Ph.D.
The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty acquiring patents under the Office’s procedures for determining patent subject matter eligibility under 35 U.S.C. § 101. Supreme Court decisions regarding § 101... ›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... ›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 can often... ›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... ›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... ›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... ›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... ›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... ›