MoFo Life Sciences

August 07, 2020 - Licensing + Commercial, United States, Litigation
California Supreme Court Clarifies Standards for B2B Non-Competition Agreements and Disputes in California
By: Eric Akira Tate
This week, on August 3, 2020, the California Supreme Court issued its opinion in Ixchel Pharma, LLC v. Biogen, Inc. , which resolved two questions regarding the standards to be applied for non-competition agreements and disputes between businesses in California. The first was whether
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July 25, 2020 - United States, COVID-19, Intellectual Property
Bill Proposes 10 Additional Years for COVID-19 Inventions
A proposed bill offers a potential boon to patent owners. If passed, the “Facilitating Innovation to Fight Coronavirus Act” will add ten years to the patent term of eligible inventions. However, the bill will temporarily curtail patent owner enforcement rights. Passage is not certain,
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July 13, 2020 - United States, Litigation, Intellectual Property
Should Cos. Use USPTO's New Fast-Track Appeals Program?
By: Joe Adamczyk, Anita Choi and Michael R. Ward
Joe Adamczyk, Anita Choi, and Michael Ward authored an article for Law360 covering the U.S. Patent and Trademark Office’s (USPTO) decision to begin accepting petitions for the fast-track appeals pilot program, a new program aimed at shaving off time during ex parte appeal. “Appeals
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July 08, 2020 - United States, FDA, COVID-19
FDA Establishes Clear Requirements for COVID-19 Vaccine
By: Matthew Karlyn
On June 30, 2020, the U.S. Food and Drug Administration released its much anticipated guidance on the licensure of COVID-19 (SARS-CoV-2) vaccines. According to the New York Times , there are currently over 145 COVID-19 vaccines in development across the globe with 20 in
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June 29, 2020 - United States, COVID-19, Intellectual Property
Expedited Trademark Applications for COVID-19-Related Goods and Services
By: Joyce Liou and Eoin Connolly
Recognizing the need for companies to quickly get products to market that might help combat the COVID-19 pandemic, the United States Patent & Trademark Office is now paving the way for shorter examination timelines for qualifying trademark applications. This could prove especially useful in
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June 02, 2020 - United States, Healthcare, Privacy + Data Security
FTC Seeks Comments on Health Breach Notification Rule
By: Melissa M. Crespo
The Federal Trade Commission (FTC) recently announced a review and open comment period for the Health Breach Notification Rule, 16 C.F.R. Part 318 (the “Rule”), which requires vendors of personal health records (PHR) and related entities that aren’t covered by HIPAA to provide notice
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May 26, 2020 - United States, FDA, Medical Devices + Diagnostics, COVID-19, Product Liability + Class Action, Healthcare
FDA Signals Flexibility with COVID-19 Tests
By: Erin M. Bosman and Julie Y. Park
A bipartisan group of experts in economics, health, technology, and ethics recommended that the U.S. scale up COVID-19 testing—5 million per day by June, 20 million per day by midsummer—in order to fully re-mobilize the economy. Consistent with this, FDA has taken various steps
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May 14, 2020 - United States, FDA, COVID-19, Intellectual Property
Free Prioritized Examination for COVID-19 Patent Applications
By: Sejin Ahn
The United States Patent and Trademark Office (USPTO) announced a Prioritized Examination Pilot Program for COVID-19-related patent applications. To qualify, an applicant must be a small entity or micro-entity and the application must contain at least one claim covering products or process that are
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May 12, 2020 - AI + Robotics, United States, Intellectual Property
The USPTO Says No to Naming AI as a Patent Inventor
By: Anna Yuan and Karen G Potter
The increase in AI-related patent filings in the past few years has given rise to unique questions about the current patent system. In particular, the question of whether an AI system can or should be named as an inventor on a patent application has
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May 08, 2020 - United States, FDA, Medical Devices + Diagnostics, COVID-19, Product Liability + Class Action
COVID-19 Alert: FDA updates antibody test policy
By: Erin M. Bosman and Julie Y. Park
Serology tests could play a critical role in the fight against COVID-19. Serology tests may help determine who can donate convalescent plasma—a part of the blood containing antibodies—which is currently being explored as an investigational treatment for those with COVID-19. Convalescent plasma has been
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Topic Archives: United States

California Supreme Court Clarifies Standards for B2B Non-Competition Agreements and Disputes in California

By: Eric Akira Tate

Bill Proposes 10 Additional Years for COVID-19 Inventions

Should Cos. Use USPTO's New Fast-Track Appeals Program?

By: Joe Adamczyk, Anita Choi and Michael R. Ward

FDA Establishes Clear Requirements for COVID-19 Vaccine

By: Matthew Karlyn

Expedited Trademark Applications for COVID-19-Related Goods and Services

By: Joyce Liou and Eoin Connolly

FTC Seeks Comments on Health Breach Notification Rule

By: Melissa M. Crespo

FDA Signals Flexibility with COVID-19 Tests

By: Erin M. Bosman and Julie Y. Park

Free Prioritized Examination for COVID-19 Patent Applications

By: Sejin Ahn

The USPTO Says No to Naming AI as a Patent Inventor

By: Anna Yuan and Karen G Potter

COVID-19 Alert: FDA updates antibody test policy

By: Erin M. Bosman and Julie Y. Park