The Diagnostics Dilemma: Securing and Protecting Diagnostic-Based Claims
- 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... ›
Congress releases bipartisan draft bill to repair the law on patent eligibility
By: Karen G Potter and Jeffrey W. SchmidtOn 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... ›
Second Annual Blockchain Healthcare Summit
By: Spencer D. Klein, Jonathan Bockman and Kristen J. MathewsThe industry leading Blockchain Healthcare Summit is returning to New York City on June 13. Now in its second year, the Summit offers a research-based program addressing opportunities to incorporate blockchain technology to increase efficiency, transparency, and security for the healthcare industry. Through a... ›
An Easier Road to a Hong Kong Listing for Biotech Companies
By: Vivian Yiu, Janet Xiao and Jie ZhouIn June 2017, the Hong Kong Stock Exchange (“HKEx”) initiated a holistic review of the Hong Kong listing regime to enhance its overall competitiveness against other major global listing venues, in particular to attract companies from emerging and innovative sectors. During this review, the... ›
Cannabidiol: Is CBD Legal in the United States in 2019?
By: William F. TarantinoCannabis-derived extracts are one of the hottest trends in the consumer products industry. Sales of consumer products containing cannabidiol (CBD) are reported to exceed $510 million in 2018. Experts predict that the market for CBD products could grow to $22 billion by 2022. Hemp oil can now be found... ›
Transforming the U.S. Healthcare Industry with Blockchain Technology
By: Spencer D. Klein, Julie O'Neill and Mary RacePatients accumulate vast quantities of healthcare data over the course of their lives. Those data are generally housed in centralized servers operated by various unrelated industry participants, including government regulators and payors, insurance carriers, hospitals, doctors, pharmacies and pharmaceutical companies. Unfortunately, those repositories rely... ›
Federal Circuit Corrects USPTO on Reasonable Efforts When Calculating Patent Term AdjustmentThe 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... ›
A New Year's Gift for Patent Applicants?
By: Jonathan Bockman, Sejin Ahn, Shouvik Biswas, Christopher E. Gloria and Karen G PotterThe 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... ›
Are Employee Non-Solicitation Clauses Still Legal In California?
By: Lloyd W. Aubry, Jr.The Fourth District Court of Appeals in San Diego on November 1, 2018, issued AMN Healthcare Inc. v. Aya Healthcare Services Inc. , in which it called into question the continuing viability in California of employee non-solicitation clauses found in many employment contracts and... ›
Patenting Artificial Intelligence in the U.S. – Considerations for AI Companies
By: Jonathan Bockman, Rudy Y. Kim and Anna YuanArtificial 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... ›