MoFo Life Sciences

October 05, 2022 - Intellectual Property, United States
Sawing Through Patent Term—the Federal Circuit’s Recent Decision In Sawstop
By: Mehran Arjomand and Meghan McLean Poon Ph.D.
Patent Term Adjustment (PTA) is additional patent term for U.S. patents to compensate for delay in issuance. The statute (35 U.S.C. § 154(b)) provides three bases for PTA: delayed response by the USPTO (“A delay”), failure to issue a patent within three years (“B delay”),
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September 12, 2022 - Agtech, Regulatory, United States, Intellectual Property
Purple Tomato Is First Genetically Engineered Plant to Be Deregulated Through USDA’s New Regulatory Status Review Process
By: Liz Freeman Rosenzweig Ph.D.
On September 7, 2022, the United States Department of Agriculture’s Animal and Plant Health Inspection Service (USDA-APHIS) announced the completion of the first Regulatory Status Review (RSR) of a genetically engineered plant under the SECURE rule. APHIS concluded that a new genetically engineered tomato
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September 09, 2022 - AI + Robotics, Intellectual Property, Medical Devices + Diagnostics
The Importance of Patents for ML-Based Medical Device Inventions
By: Christopher Gloria
The use of machine learning (ML) in the medical device field has greatly expanded in recent years, becoming increasingly important to the product offerings of many medical device companies. The benefits provided by ML are wide-ranging and include providing earlier and more accurate diagnoses
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August 29, 2022 - Intellectual Property, Litigation, FDA, Regulatory
Recent Biden Administration Efforts on Drug Pricing: USPTO Notice Focuses on Eliminating Inconsistencies in USPTO/FDA Statements
By: Meghan McLean Poon Ph.D. and Kelsey J. Roberts Kingman Ph.D.
On July 29, 2022, the U.S. Patent and Trademark Office (USPTO) issued a Notice in the Federal Register clarifying the duty of disclosure that may keep patent practitioners up at night. The Notice reminds applicants of the duties of disclosure and “reasonable inquiry” for proceedings
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August 25, 2022 - Pharma, Intellectual Property, Litigation
Last Week in the Federal Circuit (August 15 – August 19): The Court Rebuffs Patent Owner’s Attempt to Read Anda Application in Isolation
By: Brian R. Matsui
Our Federal Circuitry blog recently discussed the Court's decision in Par Pharmaceutical, Inc. v. Eagle Pharmaceuticals, Inc. , No. 21-2342. You should read this case if: you have an ANDA case involving “actual, real-world evidence” that might conflict with what the ANDA says For our
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August 25, 2022 - Intellectual Property, Litigation, Medical Devices + Diagnostics
Last Week in the Federal Circuit (August 8 – August 12): Taking a round Trip on the Assignor Estoppel Express
By: Brian R. Matsui
Our Federal Circuitry blog recently discussed the Court's decision in Hologic, Inc. v. Minerva Surgical, Inc. , No. 19-2054. You should read this case if: you want to know how the Federal Circuit will treat assignor estoppel post- Minerva You have to feel a little
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July 18, 2022 - Agtech, Asia, Global, Intellectual Property, Litigation
IN VINEIS VERITAS: NO SOUR GRAPES AS EGYPTIAN COURT ORDERS REMOVAL OF ILLEGAL VINES
By: Liz Freeman Rosenzweig Ph.D.
The Beni Suef Economic Court in Egypt has recently ordered the removal of nearly five hectares of illegally grown Early Sweet™ grapevines, totaling 9000 vines and associated seedlings. The farm owner did not have a license to grow or commercialize the Early Sweet™ grapes
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May 26, 2022 - United States, FDA, Healthcare, Pharma, Regulatory, Intellectual Property
Senators Call for Report on State of Psychedelic Research
Thanks to our Life Sciences Transactions + Licensing Group, including Matthew Karlyn, Mai Zymaris, and Hannah Koo, for contributing to this post. Earlier this month, Senators Brian Schatz (D-HI) and Cory Booker (D-NJ) sent a letter to the National Institutes of Health (NIH) and
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May 24, 2022 - United States, Intellectual Property
The USPTO Proposes to Establish Permanent Electronic Filing for Patent Term Extension Applications
By: Lisa N. Silverman Ph.D. and Yuying (Kate) You Ph.D.
On May 6, 2022, the United States Patent and Trademark Office (USPTO) issued a Notice, proposing to amend the Rules of Practice in Patent Cases to allow electronic submissions of patent term extension (PTE) applications, interim PTE applications, and any related submissions to the
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May 20, 2022 - Agtech, Intellectual Property, Asia
China’s New Seed Law: Molecular Varieties and Macro Developments
By: Liz Freeman Rosenzweig Ph.D.
Liz Freeman Rosenzweig co-authored an article for China IPR examining China's new and much anticipated Seed Law, which went into effect on March 1, 2022. "The new Seed Law reflects a significant expansion in the scope of plant breeders' rights (PRB) protection in China,"
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Topic Archives: Intellectual Property

Sawing Through Patent Term—the Federal Circuit’s Recent Decision In Sawstop

By: Mehran Arjomand and Meghan McLean Poon Ph.D.

Purple Tomato Is First Genetically Engineered Plant to Be Deregulated Through USDA’s New Regulatory Status Review Process

By: Liz Freeman Rosenzweig Ph.D.

The Importance of Patents for ML-Based Medical Device Inventions

By: Christopher Gloria

Recent Biden Administration Efforts on Drug Pricing: USPTO Notice Focuses on Eliminating Inconsistencies in USPTO/FDA Statements

By: Meghan McLean Poon Ph.D. and Kelsey J. Roberts Kingman Ph.D.

Last Week in the Federal Circuit (August 15 – August 19): The Court Rebuffs Patent Owner’s Attempt to Read Anda Application in Isolation

By: Brian R. Matsui

Last Week in the Federal Circuit (August 8 – August 12): Taking a round Trip on the Assignor Estoppel Express

By: Brian R. Matsui

IN VINEIS VERITAS: NO SOUR GRAPES AS EGYPTIAN COURT ORDERS REMOVAL OF ILLEGAL VINES

By: Liz Freeman Rosenzweig Ph.D.

Senators Call for Report on State of Psychedelic Research

The USPTO Proposes to Establish Permanent Electronic Filing for Patent Term Extension Applications

By: Lisa N. Silverman Ph.D. and Yuying (Kate) You Ph.D.

China’s New Seed Law: Molecular Varieties and Macro Developments

By: Liz Freeman Rosenzweig Ph.D.