Matthew McFarlane

Matthew McFarlane

Robins Kaplan LLP

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Latest Publications


Is Biotech Patentable Subject Matter? [Video]

The issue of patent eligibility has been a hotly litigated issue in the field of intellectual property law, and both the Federal Circuit and the Supreme Court have issued numerous decisions in recent years--particularly in...more

4/28/2015 - Biotechnology Mayo v. Prometheus Myriad Myriad-Mayo Patent-Eligible Subject Matter Patents Young Lawyers

Enforcement Challenges For Biotech Patents [Video]

Enforcing intellectual property rights can be a challenging affair, and this is particularly true in the biotech industry. Attorneys Seth Northrop and Matt McFarlane discuss the issues facing biotech patent holders today,...more

4/14/2015 - Asset Protection Biotechnology Injunctions Patent Infringement Patent Litigation Patent Portfolios Patents Popular Strategic Planning

Are You Taking Care to Create Value for Your Company's "Secret Sauce?"

To develop a successful long-term risk minimization strategy, your company must take time to create and protect valuable intellectual property assets. To be effective, this strategy will involve critically analyzing your...more

11/3/2014 - Asset Protection Business Assets Copyright Patents Trade Secrets Trademarks

After Alice: Patent Eligibility Considerations for All Technology Inventors

The technological advances of post-WWII America spurred the growth of patenting of modern technology. From chemicals to useful bacteria, and from petroleum derivatives to computer chips, many of the inventions that are now a...more

11/3/2014 - CLS Bank v Alice Corp Mayo v. Prometheus Patent-Eligible Subject Matter Patents Preemption Section 101 Software Technology

What You Need to Know About Trade Secret Law Now

Recent legal developments have made it more difficult to obtain and enforce some patents including, in particular, medical diagnostics and software-implemented technologies. Because of these patent law changes, a wide...more

10/13/2014 - EEA Misappropriation Pending Legislation Trade Secrets UTSA

Teva v. Sandoz Puts Patent Claim Construction in the Spotlight—Again

On October 15, 2014, the Supreme Court will hear oral argument in Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. The case involves claims regarding generic versions of Teva’s multiple sclerosis drug, Copaxone®. The...more

10/10/2014 - Claim Construction Patent Litigation Patents Teva Pharmaceuticals Teva v Sandoz

After Actavis: Crafting Pharmaceutical Settlements that Avoid Antitrust Scrutiny

Last year’s Supreme Court decision in FTC v. Actavis cleared the way for more antitrust challenges to settlements between generic and branded pharmaceutical companies resolving Hatch-Waxman patent litigation. As a result,...more

7/11/2014 - Antitrust Litigation Corporate Counsel Enforcement Enforcement Actions FTC FTC v Actavis Hatch-Waxman Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents SCOTUS Settlement

Clones Not Patent-Eligible?

Thanks to recent advances in cloning technology, treating degenerative diseases with replacement tissue that matches a patient’s genetic makeup exactly is no longer science fiction. Just last month, for example, two research...more

5/9/2014 - DNA Medical Research Myriad Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Stem cells USPTO

Personalized Medicine and Patent Eligibility under 35 U.S.C. § 101

Double-digit growth is predicted for the molecular diagnostic market in the next several years, driven in part by an increased demand for personalized medicine—medical decisions and therapeutic products tailored to address...more

4/25/2014 - Bristol-Myers Squibb Diagnostic Tests FDA Genetic Technologies Ltd. Healthcare Infringement Patent Litigation Patents Sequenom

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