Can You Patent Human Genes? ACLU Says No
Going on the Offense: Proactive Strategies to Reduce Uncertainty
In This Issue:
- Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants?
- Patent Reform for Biotech Companies
- United States v. Caronia and its Implications for Off-Label...more
Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more
The biggest concern of the biotechnology industry caused by the impending Supreme Court decision in the AMP v. Myriad Genetics case is the threat to existing patents having claims to isolated human DNA (and the DNA from other...more
On May 13, 2013, a unanimous U.S. Supreme Court held in Monsan to v. Bowman that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's...more
On March 28, the Federal Circuit in Rubin v. General Hospital Corp. affirmed judgment by the District Court for the District of Massachusetts dismissing the suit brought by Drs. Berish Rubin and Sylvia Anderson against The...more
Earlier this month, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the first quarter of...more
Earlier this month, the United States Supreme Court heard oral arguments in a case that comes down to a single question: can human genes be patented?...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
- Depomed, Inc. v. Endo Pharmaceuticals Inc.
3:13-cv-02467; filed April 17, 2013 in the District Court of New Jersey:...more
April 12 (Bloomberg Law) -- On April 15, 2013, the United States Supreme Court will hear oral arguments for Association for Molecular Pathology v. Myriad Genetics, Inc. The case centers on whether patents may be granted on...more
In this LEVICK Daily video interview, we discuss an upcoming panel discussion at the 2013 BIO International Convention entitled, Going on the Offense: Proactive Strategies to Reduce Uncertainty. During the discussion, which...more
Originally published in WP Thompson & Co. on April 1, 2013.
The "Obvious to Try" Test Is Overused in Assessing Obviousness -
The UK Court of Appeal Decision in Novartis AG vs Generics (UK) Ltd (trading as United...more
March 15, 2013 was a big deadline for patent applicants seeking to secure first-to-invent filing dates for U.S. patent applications, but April 15 will be a big day for the biotechnology industry, when the Supreme Court hears...more
April 15 is a big day for biotechnology, pharmaceutical, and medical diagnostic companies at the Supreme Court, as justices begin a new session by hearing oral arguments in a landmark case involving the patentability of...more
Big Pharma and academia cement big deals in the quest for bigger prizes -
With the patents of many highly profitable blockbuster drugs expiring over the course of a few years, the search is on for new drugs to fill...more
Earlier this month, Genetic Engineering & Biotechnology News published its list of the top 20 best-selling prescription drugs worldwide for 2012 (see "GEN Compiles List of Top Selling Drugs for 2012"). The biotech...more
In Episode 91 of The Wendel Forum (originally aired on March 9, 2013, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Michael Funk. Funk is a...more
Phase 2 Deals Dominate Q4 and Full Year 2012 -
Morrison & Foerster is pleased to release the MoFo BioMeter for the fourth quarter of 2012 and for the full year of 2012.
The fourth quarter of 2012 saw an uptick in...more
Patent protection is a critical driver of value for the biotech industry. One of the unique aspects of biotech patents, however, is that many otherwise infringing activities are exempt from claims of patent infringement when...more
In This Issue:
Federal Courts Debate Safe Harbor Exemption for Patent Infringement Under 35 U.S.C. § 271(e) Following Merck v. Integra; If I Prioritize Examination of My Application, Should the Patent Office?;...more
In This Issue:
Enzo Life Sciences Inc. v. Abbott Laboratories et al. and Sucampo AG et al. v. Anchen Pharmaceuticals Inc. et al....more
On Friday, the Federal Court of Australia handed down its decision in the case of Cancer Voices Australia & Anor v Myriad Genetics Inc & Ors. The presiding judge, Justice Nicholas, identified the issue in the case as one "of...more
Last month, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for 2012. The report, which is...more
The "conventional wisdom" surrounding the Bowman v. Monsanto case now before the Supreme Court on certiorari is that it is "David v. Goliath," the salt-of-the-earth farmer versus the corporate monolith, and an example of the...more
"Happy families are all alike; every unhappy family is unhappy in its own way." - Leo Tolstoy, Anna Karenina
A great many amicus briefs have been filed in support of affirmance of the Federal Circuit's decision in Bowman...more
In an amicus brief filed in support of respondents Monsanto Co. et al. late last week, the Intellectual Property Owners Association (IPO) urges the Supreme Court to find that the petitioner's replanting of commodity seed was...more
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