Ropes & Gray LLP

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Federal Circuit Reinvigorates “Original Patent” Requirement of 35 U.S.C. § 251 For Reissue Patents

On November 17, 2014, the Court of Appeals for the Federal Circuit, in Antares Pharma, Inc. v. medac Pharma Inc. and medac GmbH, ruled in favor of Ropes & Gray client Medac and breathed new life into the “original patent”…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Legal Challenges to Europe’s Unitary Patent System Nearing an End

The European Patent System is in the final stages of a significant change. On November 18, 2014, European Union Advocate General Yves Bot issued a press release affirming his opinion that the European Court of Justice should…more
| Civil Procedure, Intellectual Property, International Law & Trade

DOJ Penalty Warns: Do Not Jump the Gun

The Department of Justice’s recent $4.95 million settlement of claims of illegal premerger coordination – also known as "gun jumping" – between two particleboard manufacturers reminds parties to exercise care over pre-closing…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, Mergers & Acquisitions

SEC Issues Notice of Intention to Grant Application for New Non-Transparent, Actively-Managed “Exchange-Traded Managed Fund”

On November 6, 2014, the SEC issued a notice of intention to grant an application for exemptive relief (the “Application”) under the Investment Company Act, as amended (the “1940 Act”), filed on behalf of Eaton Vance Management,…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

China Solicits Comments on Biosimilars Guideline

The Center for Drug Evaluation (“the CDE”) of the China Food and Drug Administration (“CFDA”) recently published a long-awaited guidance document for companies seeking to develop biosimilars. This document, titled Draft…more
| Commercial Law & Contracts, Science, Computers, & Technology

Latest News on European Patents

Europe has been bustling with recent news and development from the Unified Patent Court Preparatory Committee and the European Patent Office. New Draft UPC Rules of Procedure and UPC Status - The Preparatory…more
| Commercial Law & Contracts, Intellectual Property

China Aims to Tighten Supervision Over Clinical Studies

China’s health authority, the National Health and Family Planning Commission (“NHFPC”), recently released the Administrative Measures for the Clinical Study Projects of Medical Institutions (“the Measures”) jointly with China…more
| Health, Science, Computers, & Technology

Regulatory Reporting Under AIFMD – an Update and Comparison to SEC’s Form PF

The Alternative Investment Fund Managers Directive (the “AIFMD”) introduces new regulatory reporting requirements for alternative investment fund managers (“AIFMs”) established in the European Economic Area (“EEA”) and non-EEA…more
| Finance & Banking, International Law & Trade, Securities Law

Ropes & Gray: Advantages of the Patent Trial and Appeal Board [Video]

There are arguments that you could never present and win effectively in a jury trial that you can present at the U.S Patent Trial and Appeal Board (PTAB). The board has rocketed to a very leading role even in this first year…more
| Intellectual Property

Post-Grant Insights: The Significance of a Three-Judge Panel [Video]

The three-judge panels at the U.S. Patent Trial and Appeal Board (PTAB) are something that we've never seen before in this country. The feeling that our clients are getting a fair and careful read from this really experienced…more
| Intellectual Property

The Ropes Recap: Mergers & Acquisitions Law News - October 2014

In this issue: - Delaware Legislative Update - Amendments to DGCL Effective August 1, 2014 - News from the Courts - Additional Guidance on Kahn v. M&F Worldwide Corp. - Exculpation…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, International Law & Trade, Securities Law

SEC Issues Notice of Intention to Deny Application for Non-Transparent Actively Managed Exchange-Traded Funds

On October 21, 2014, the SEC issued a notice of intention to deny an application for exemptive relief (the “Application”) under the Investment Company Act, as amended (the “1940 Act”), filed on behalf of Precidian ETFs Trust…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Post-Grant Insights: The Need for Seamless Coordination of District Court & PTAB Litigation [Video]

The key to a critical strategy is having a vision for how you are going to win the war, even if you lose individual battles. By adding the U.S. Patent Trial and Appeal Board (PTAB) judges to District Court to the jury, a client…more
| Intellectual Property

Surge in FOIA Requests to State Agencies Seeking Information About PE and Other Alternative Investment Fund Sponsors

We have recently observed a surge in freedom-of-information (“FOIA”) requests made by media outlets to state pension funds and other state-government-affiliated investment entities. Although the requests have so far concentrated…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Securities Law

Post-Grant Insights: The Preparation and Pace of the PTAB [Video]

The motions that are filed at the U.S. Patent Trial and Appeal Board all need to be authorized in advance. In other words, attorneys and their clients have to request a phone conference and there's a very active practice of…more
| Intellectual Property
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