New CFIUS Pilot Program: What Life Sciences Companies and Investors Need to Know
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.
- 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... ›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... ›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... ›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... ›IP Licensing and Antitrust Law – What Companies Have to Consider When Doing Business in the U.S. and the EU
By: Jens Hackl, Wolfgang Schönig and Jeff Jaeckel
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... ›Harmonization of Trade Secrets in Europe and New U.S. Trade Secrets Law Gets the Green Light
By: Alistair Maughan, Wolfgang Schönig and Bryan Wilson
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. Trade... ›Cancer Moonshot: USPTO Extends Cancer Immunotherapy Pilot Program Initiative
By: Karen G Potter Ph.D.
The United States Patent and Trademark Office (PTO) issued a Notice today extending the Cancer Immunotherapy Pilot Program (Pilot Program), also known as “Patents 4 Patients.” The Pilot Program, which accelerates the examination of patent applications directed to cancer immunotherapy methods, will now expire... ›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.... ›