MoFo Life Sciences

June 15, 2023 - AI + Robotics, Digital Health, FDA, Intellectual Property, Medical Devices + Diagnostics, Privacy + Data Security, Regulatory
The Legal and Regulatory Landscape Evolving with AI in Life Sciences
By: Brigid DeCoursey Bondoc, Wendy C. Chow and Anna Yuan
Morrison Foerster sponsored and spoke at the Association of Corporate Counsel’s 2023 Life Sciences Conference on May 11, 2023, on the topic of “Artificial Intelligence in Life Sciences: The Evolving Legal and Regulatory Landscape.” Eric Elting of TransPerfect Legal Solutions reported on the discussion.
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June 13, 2023 - Intellectual Property, United States
USPTO Releases 2022‒2026 Strategic Plan
By: Kelsey J. Roberts Kingman and Meghan McLean Poon
Last week, the USPTO released its 2022‒2026 Strategic Plan. The Strategic Plan outlines the USPTO’s overarching goals for the coming years. How are these initiatives likely to affect patent applicants and owners? 1. Improving patent application pendency The USPTO is continuing its efforts to
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June 12, 2023 - Intellectual Property, Litigation, Digital Health, Healthcare, United States
United States Supreme Court: Look to Defendant's Subjective Beliefs to Decide Whether It "Knowingly" Submitted False Claim
By: Joseph R. Palmore, J. Alex Ward and Adam L. Braverman
On June 1, 2023, the Supreme Court issued a decision in United States ex rel. Schutte v. SuperValu, Inc. , clarifying when a defendant “knowingly” submits a false claim for payment under the False Claims Act (FCA). The Court held that a defendant that submits
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May 10, 2023 - Agtech, Intellectual Property, Licensing + Commercial, United States
IP Implications of USDA Research Collaborations
By: Tina D. Reynolds, Liz Freeman Rosenzweig and Bu Yin
Many stakeholders in the AgTech industry are interested in collaborating with or obtaining funding from the United States Department of Agriculture (USDA), but are unsure what implications such collaborations may have on their intellectual property (IP) obligations, opportunities, and strategy. Here, we summarize key
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April 27, 2023 - AI + Robotics, Licensing + Commercial, Regulatory, Intellectual Property
10 Considerations When Licensing AI for Drug Discovery
By: Stephanie Lynn Sharron, Wolfgang Schönig and Annalisa Elizabeth Cooper
While the traditional process of discovering a new drug is long and expensive, artificial intelligence drug development platforms can help reduce time and money by efficiently analyzing vast data sets within the drug discovery process. Researchers can use such AI platforms for identifying new
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April 21, 2023 - Intellectual Property, Litigation, Pharma, Biotech, United States
Is DOE Now in Vogue?
By: Matthew A. Chivvis and Qiwen Zhong
On March 27, 2023, the U.S. Supreme Court heard oral arguments in Amgen Inc. v. Sanofi , a closely watched case on the issue of enablement under 35 U.S.C. § 112(a). Though not the main point of contention, the doctrine of equivalents (DOE) was
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April 12, 2023 - Intellectual Property, United States
USPTO to Launch New Patent Issue Procedure on April 18: What You Need to Know
By: Meghan McLean Poon and Stephen Diego Frausto
In a recent press release, the U.S. Patent and Trademark Office (USPTO) announced that, starting on April 18, 2023, the Office would begin issuing electronic patent grants (eGrants) to patent recipients. This process delivers the official copy of patent grants in an electronic format,
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April 10, 2023 - Agtech, Intellectual Property, United States
U.S. Plant Variety Protection Office Invited Comments on UPOV Test Guidelines and Is Aligning Exhibit C Forms with UPOV
By: Claire L. Bendix, Deborah A. Pohlmann and Michael Ward Ph.D.
On April 3, 2023, the U.S. Plant Variety Protection Office (PVPO) held a preparatory session for the International Union for the Protection of New Varieties of Plants (UPOV) Technical Working Party for Vegetables (TWV) and Technical Working Party for Agricultural Crops (TWA) virtual meetings
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March 28, 2023 - United States, Asia, European Union, Litigation, Intellectual Property
Recent Updates on Use of Post-filing Data as Evidence to Support Patentability
By: Liz Newman and Karen G Potter
In a “first to file” patent system as exists in the United States and in most countries throughout the world, timing of when to file a patent application is critically important but must be balanced by patentability requirements such as nonobviousness and enablement. This
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March 15, 2023 - Agtech, Intellectual Property, United States
USDA PVP Office Waives Deposit Requirement for Asexually Reproduced Plants
By: Edith A. Pierre-Jerome, Liz Freeman Rosenzweig and Cory Ellison
The U.S. Department of Agriculture (USDA) Plant Variety Protection Office (PVPO) has waived the deposit requirement for asexually reproduced plants until further notice due to “continued and ongoing technical challenges and infeasibilities.” The announcement specified that any future requirements for a deposit will not
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