The decriminalization of cannabis in some states, and its partial decriminalization at the federal level, has created an explosive market for cannabis itself and the myriad chemicals that compose the plant. The 2018 Farm Bill...more
11/23/2021
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Centers for Disease Control and Prevention (CDC) ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Intellectual Property Protection ,
Manufacturers ,
Sellers ,
State and Local Government ,
THC ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
Patenting antibodies has long been challenging. Although most inventions can be patented based on their functionality, assuming the functionality is new and non-obvious, for antibodies and other biomolecules there is a higher...more
6/29/2021
/ AbbVie ,
CAFC ,
En Banc Review ,
Janssen Pharmaceuticals ,
Non-Disclosure Agreement ,
Patent Act ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Pharmaceutical Patents ,
Trade Secrets ,
USPTO
In IBSA Institut Biochimique v. Teva Pharmaceuticals USA, Inc. a valuable lesson was learned about relying on a translation of a non-English patent application. The IBSA Institut Biochimique (IBSAIB) hired an Italian patent...more
9/28/2020
/ America Invents Act ,
Foreign Patent Applications ,
Indefiniteness ,
Inventors ,
Joint Inventors ,
Nautilus Inc. v. Biosig Instruments ,
Patent Act ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Section 112 ,
Trademark Manual of Examining Procedure (TMEP) ,
USPTO
The impact on human health of the global pandemic of the SARS-CoV-2 virus and the resulting disease termed COVID-19 cannot be overstated. Not since the influenza pandemic of 1918 have so many regions of the world been so...more
The federal appeals court with jurisdiction over questions of patent law has consistently held that methods of diagnosing a disease or other biological condition violate the Supreme Court’s ban on patenting “natural...more
8/14/2019
/ Biotechnology ,
CAFC ,
Diagnostic Method ,
Mayo v. Prometheus ,
Patent-Eligible Subject Matter ,
Patents ,
Petition for Writ of Certiorari ,
Product of Nature Doctrine ,
SCOTUS ,
Section 101 ,
USPTO
Since more than half of the states in the U.S. have decriminalized marijuana (those varieties of the Cannabis plant with intoxicating properties), the marijuana business has been growing rapidly in this country. Like any...more
The recent Actelion Pharmaceuticals Ltd. case brought to light a little-known quirk in how national stage patent applications affect the length of one’s patent term. That case involved a drug company losing five days of...more
5/17/2018
/ America Invents Act ,
Claim Construction ,
Fees ,
Filing Deadlines ,
Intellectual Property Protection ,
Patent Applications ,
Patent Cooperation Treaty ,
Patent Examinations ,
Patent Filings ,
Patent Reform ,
Patent Terms ,
Patents ,
PLTIA ,
Strategic Planning ,
USPTO
The current U.S. Supreme Court has been noted for its hostility to patent holders in general, but the Supreme Court has been especially hostile to any sort of life sciences or software invention. The Court has attempted to...more
5/17/2016
/ Additive Manufacturing ,
Computer-Related Inventions ,
DNA ,
Food Manufacturers ,
Genetic Testing ,
Inventions ,
Life Sciences ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Software ,
USPTO ,
Vaccinations
On June 13, 2013, the Supreme Court issued a decision supposedly resolving the patentability of DNA in Association for Molecular Pathology v. Myriad Genetics. Immediately, all parties on both sides of the case declared...more
One of our favorite stories growing up was the “Three Billy Goats Gruff,” the main character of which is a terrible troll who lived under a bridge. The troll tried to terrorize and eat three goats who just wanted to cross a...more