MoFo Life Sciences

July 09, 2019 - United States, Litigation, Pharma, Intellectual Property
Federal Circuit Diagnoses the Patent Eligibility Problem – But Denies a Remedy
By: Karen G Potter Ph.D.
On July 3, 2019, in a 7-5 en banc decision, the Federal Circuit declined to reconsider its decision in Athena Diagnostics v. Mayo Collaborative Services ,[1] finding that claims to a diagnostic method were patent ineligible for being directed to a law of nature.
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June 11, 2019 - United States, Biotech, Pharma, Intellectual Property
Patent Term Adjustment: A Post-Supernus Update from the Patent and Trademark Office
By: Karen G Potter Ph.D.
On May 9, the United States Patent and Trademark Office (“PTO”) published a notice in the Federal Register that it is modifying its patent term adjustment (“PTA”) procedures in view of the Federal Circuit’s decision in Supernus Pharmaceuticals v. Iancu .[1] Under the PTO
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June 05, 2019 - United States, Product Liability + Class Action, Litigation, Pharma
Supreme Court Decides Prescription Drug Preemption Case in Favor of Drug Manufacturer
By: Erin M. Bosman and Julie Y. Park
The United States Supreme Court finally clarified its 11-year-old “clear evidence” standard for pharmaceutical preemption. In its much-anticipated opinion delivered by Justice Breyer, the Court unanimously reversed the Third Circuit’s holding that questions of pharmaceutical preemption should be decided by juries. Merck Sharp &
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June 04, 2019 - AI + Robotics, United States, Biotech, Pharma, Data Analytics
Artificial Intelligence and Machine Learning: Real-world applications
With Artificial Intelligence (AI) and Machine Learning (ML) rapidly becoming significant players in multiple areas of science and technology, it came as no surprise to witness a full house for Athena’s program “Taking Artificial Intelligence (AI) and Machine Learning (ML) from Concept to Application,”
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May 30, 2019 - United States, Medical Devices + Diagnostics, Regulatory, Intellectual Property
The Diagnostics Dilemma: Securing and Protecting Diagnostic-Based Claims
By: Karen G Potter Ph.D.
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 Ph.D. and Jeffrey W. Schmidt Ph.D.
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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March 18, 2019 - United States, Corporate + Venture Capital, Biotech, Asia, Financing
An Easier Road to a Hong Kong Listing for Biotech Companies
By: Janet Xiao Ph.D. and Jie Zhou Ph.D.
In 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
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March 12, 2019 - United States, Product Liability + Class Action, Agtech, Regulatory
Cannabidiol: Is CBD Legal in the United States in 2019?
By: William F. Tarantino
Cannabis-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
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February 05, 2019 - United States, Biotech, Blockchain, Privacy + Data Security
Transforming the U.S. Healthcare Industry with Blockchain Technology
By: Spencer D. Klein, Julie O'Neill and Mary Race
Patients 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
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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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Topic Archives: United States

Federal Circuit Diagnoses the Patent Eligibility Problem – But Denies a Remedy

By: Karen G Potter Ph.D.

Patent Term Adjustment: A Post-Supernus Update from the Patent and Trademark Office

By: Karen G Potter Ph.D.

Supreme Court Decides Prescription Drug Preemption Case in Favor of Drug Manufacturer

By: Erin M. Bosman and Julie Y. Park

Artificial Intelligence and Machine Learning: Real-world applications

The Diagnostics Dilemma: Securing and Protecting Diagnostic-Based Claims

By: Karen G Potter Ph.D.

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

By: Karen G Potter Ph.D. and Jeffrey W. Schmidt Ph.D.

An Easier Road to a Hong Kong Listing for Biotech Companies

By: Janet Xiao Ph.D. and Jie Zhou Ph.D.

Cannabidiol: Is CBD Legal in the United States in 2019?

By: William F. Tarantino

Transforming the U.S. Healthcare Industry with Blockchain Technology

By: Spencer D. Klein, Julie O'Neill and Mary Race

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