Simon J. Elliott

Simon J. Elliott

Foley & Lardner LLP

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Latest Publications


GMO Food Labeling And CRISPR

A new law targeted at GMO food labeling instructs the Secretary of Agriculture to establish standards for identifying “bioengineered” food. While many might think CRISPR-modified foods will be covered by such a law, certain...more

9/26/2016 - Agricultural Marketing Act Amended Regulation Bioengineering CRISPR Food Labeling GMO USDA

Apotex Biosimilar Cleared Of Infringement But Pre-Marketing Notice Still Required

In what may be the first decision on the merits in a patent infringement suit brought under the Biologics Price Competition and Innovation Act (BPCIA), the U.S. District Court for Southern District of Florida has found that...more

9/20/2016 - Apotex Biosimilars BPCIA Patent Dance Patent Infringement Patents Pharmaceutical Patents

Keeping Up To Date On CRISPR – July 2016

CRISPR is a gene editing technique that promises to revolutionize genetic engineering, but already is raising ethical, business, and legal issues. This is the first in a monthly series of articles on CRISPR. ...more

8/2/2016 - Bioengineering China Clinical Trials CRISPR DNA Human Genes Human Genome Project

The PRICED Act Would Expedite Biosimilar Market Entry

Although the 12-year exclusivity period for original biologic products was a heavily negotiated provision of the Biologics Price Competition and Innovation Act (BPCIA), increased spending on biologic drugs has led to calls to...more

7/13/2016 - Biologics Biosimilars BPCIA Drug Pricing Exclusivity Pharmaceutical Industry Pharmaceutical Patents Proposed Legislation Research and Development Trans-Pacific Partnership

Are Drug Prices Really Too High?

Those working in the pharmaceutical space are used to hearing complaints about the high costs of drugs, and patents often are blamed for allowing pharmaceutical companies to charge “too much” for their products. But are drug...more

5/5/2016 - Drug Pricing Generic Drugs Gilead Sciences Healthcare Costs Hepatitis C Manufacturers Mental Health Pharmaceutical Industry Pharmaceutical Patents Prescription Drugs Public Health Research and Development

Federal Circuit Backs PTAB Decision Curtailing A Party's Use Of "Supplemental" Information

In Redline Detection v. Star Envirotech, the Federal Circuit confirmed that the PTAB can decline to consider timely filed “supplemental” information from a petitioner (after filing its petition) pursuant to 37 C.F.R. §...more

1/11/2016 - Agency Deference Corporate Counsel Inter Partes Review Proceedings Obviousness Patent Litigation Patent Trial and Appeal Board Supplemental Information

Use of Priority Denial to Subject Apparent "Pre-AIA" Patents to PGR: Inguran v. Premium Genetics

A recent decision by the PTAB, Inguran v. Premium Genetics, demonstrates that a Petitioner may subject an apparent “pre-AIA” patent, having at least one priority date before and at least one priority date after March 16,...more

1/7/2016 - First-to-File Inter Partes Review Proceedings Patent Applications Patent Trial and Appeal Board Post-Grant Review Standing Written Descriptions

Don't Blame Patents For High Drug Prices

Before his recent arrest, Martin Shkreli, the former CEO of Turing Pharmaceuticals, gained notoriety for increasing the price of the AIDS drug Daraprim® (pyrimethamine) from about $13.50 to about $750 per pill. He also was...more

12/29/2015 - Drug Pricing FDA Approval Generic Drugs Martin Shkreli Pharmaceutical Industry Pharmaceutical Patents Popular Product Exclusivity

The Confused USPTO Policy on Certified Copies of Patent Applications

Obtaining certified copies of patent applications can be essential to perfecting a priority claim. But when a U.S. priority application contains a sequence listing, USPTO practices make it difficult to satisfy this...more

12/3/2014 - Patent Applications Patents Required Documentation USPTO

The USPTO Is Off-Key With International Patent Law Harmonization

As a leader in science, technology and innovation, the United States long has played a central role in global intellectual property matters. As the world’s largest economy, the United States has played a central role in trade...more

11/20/2014 - America Invents Act International Harmonization International Searching Authority Patent Cooperation Treaty Patent-Eligible Subject Matter Patents Prior Art TRIPS Agreement USPTO

The USPTO Patent Subject Matter Eligibility Guidance TRIPS Over Treaty Requirements

The “Myriad-Mayo” patent subject matter eligibility guidance issued March 4, 2014 reflects the USPTO’s interpretation of Supreme Court cases interpreting and applying 35 USC § 101 to claims involving laws of nature, natural...more

7/30/2014 - AMP v Myriad Mayo v. Prometheus Myriad Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS USPTO

Public Comments on USPTO Proposed Attributable Ownership Rules

The USPTO proposed attributable ownership rules would require the public disclosure of the “attributable owner” of patent applications and patents. In this article, I outlined some of my concerns with the proposed rules....more


FTC PAE Study Would Collect Detailed Confidential Business Information From 25 PAEs

In the May 19, 2014 Federal Register, the Federal Trade Commission published a Notice and Request for Comments concerning its proposal ”to collect information about Patent Assertion Entity (‘‘PAE’’) organization, structure,...more

5/24/2014 - Confidential Information FTC Patent Assertion Entities Patents Real Party in Interest USPTO

The Complexities of the USPTO Proposed Attributable Ownership Rules

The USPTO proposed attributable ownership rules would require the public disclosure of the “attributable owner” of patent applications and patents. As discussed in this article, the proposed definition of “attributable owner”...more

4/11/2014 - Assignments Corporate Veil Disclosure Requirements FTC Patent Applications Patent Trial and Appeal Board Patents RPI SEC Securities Trade Secrets USPTO

HR 6621 Would Torpedo Submarine Patents

HR 6621 (introduced by Representative Lamar Smith on November 30, 2012) proposes several changes “[t]o correct and improve certain provisions of the Leahy-Smith America Invents Act,” but also includes provisions that would...more

12/7/2012 - America Invents Act HR 6621 Patent Reform Patents Pre-GATT

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