MoFo Life Sciences

May 30, 2019 - United States, Medical Devices + Diagnostics, Regulatory, Intellectual Property
The Diagnostics Dilemma: Securing and Protecting Diagnostic-Based Claims
By: Karen G Potter
While many life sciences companies are built on platforms involving the development of diagnostic products and methods that underlie personalized medicine allowing treatment that is customized to a patient’s unique biology, the U.S. Supreme Court dealt a blow to the industry with its decision
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May 24, 2019 - United States, Biotech, Pharma, Regulatory, Intellectual Property
Congress releases bipartisan draft bill to repair the law on patent eligibility
By: Karen G Potter and Jeffrey W. Schmidt
On May 22, 2019, members of Congress made available for public comment a one-page draft of a bill that aims to rewrite the patent eligibility provisions of the Patent Act to address the muddled jurisprudence spawned by the Supreme Court cases of Mayo Collaborative
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May 22, 2019 - Biotech, European Union, Pharma, Regulatory, Intellectual Property
Manufacturing Waiver Weakens SPC Protection in Europe
By: Wolfgang Schönig
On May 14, 2019, the Council of the European Union adopted the amending Regulation (EC) No. 469/2009 , effectively exempting certain manufacturing activities in the EU from the scope of Supplementary Protection Certificates that have not yet been granted (“New SPC Regulation”). The New SPC Regulation will enter
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January 26, 2019 - United States, Biotech, Pharma, Regulatory, Intellectual Property
Federal Circuit Corrects USPTO on Reasonable Efforts When Calculating Patent Term Adjustment
The Federal Circuit ruled on January 23, 2019, that the United States Patent and Trademark Office (“PTO”) erred in reducing the term of a patent owned by Supernus Pharmaceuticals by 546 days, during which time the company could not have furthered prosecution of the
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January 25, 2019 - European Union, Pharma, Regulatory, Intellectual Property
A Structured Guide to Recent Case Law of the Court of Justice of the European Union on Supplementary Protection Certificates in Europe
By: Wolfgang Schönig
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,
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January 11, 2019 - Litigation, European Union, Pharma, Regulatory, Intellectual Property
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
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January 08, 2019 - United States, Biotech, Intellectual Property
A New Year's Gift for Patent Applicants?
By: Jonathan Bockman, Sejin Ahn, Christopher E. Gloria and Karen G Potter
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
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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 R. Ward, Liz Freeman Rosenzweig and Liz Newman
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 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, Rudy Y. Kim 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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Topic Archives: Intellectual Property

The Diagnostics Dilemma: Securing and Protecting Diagnostic-Based Claims

By: Karen G Potter

Congress releases bipartisan draft bill to repair the law on patent eligibility

By: Karen G Potter and Jeffrey W. Schmidt

Manufacturing Waiver Weakens SPC Protection in Europe

By: Wolfgang Schönig

Federal Circuit Corrects USPTO on Reasonable Efforts When Calculating Patent Term Adjustment

A Structured Guide to Recent Case Law of the Court of Justice of the European Union on Supplementary Protection Certificates in Europe

By: Wolfgang Schönig

The EU General Court’s Ruling on Pay for Delay

By: Wolfgang Schönig, Andreas Grünwald, Jens Hackl, Theresa Oehm and Robert Grohmann

A New Year's Gift for Patent Applicants?

By: Jonathan Bockman, Sejin Ahn, Christopher E. Gloria and Karen G Potter

IP Protection Post-Brexit: A Right-by-Right Analysis

By: Alistair Maughan, Wolfgang Schönig, Sana Ashcroft and Robert Grohmann

Planting the Seeds of Change

By: Michael R. Ward, Liz Freeman Rosenzweig and Liz Newman

Patenting Artificial Intelligence in the U.S. – Considerations for AI Companies

By: Jonathan Bockman, Rudy Y. Kim and Anna Yuan