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BioPharma Patents Quick Tips and News - May/June 2014

QUICK TIPS - 35 U.S.C. 112 Tips: 1) Does your U.S. Examiner assert that not enough representative species are described in the specification? MPEP Section 2163 II.A.3(a)(ii) says that “(t)he written...more

Software Sector Leads Pack in 2Q Venture Funding and Biotech Sector Finishes Second

Last week, 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 second quarter of 2014. ...more

Federal Circuit Holds That Even Functional Claims Require Structural Fence Posts

In AbbVie Deutschland Gmbh v. Janssen Biotech, Inc., the Federal Circuit affirmed the district court decision that found AbbVie’s patents directed to anti-IL-12 antibodies invalid for lack of adequate written description. As...more

Court Report -- Part II - July 2014

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Otsuka Pharmaceutical Co. Ltd. v. Par Pharmaceutical Inc. 1:14-cv-00789; filed June 20, 2014 in the District Court of...more

Court Report - July 2014 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Panacea Biotec, Ltd. 1:14-cv-01064; filed June 26, 2014 in the Southern District of...more

Court Report - June 2014 #5

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Mylan Inc. et al. 1:14-cv-00777; filed June 19, 2014 in the District Court of...more

Massachusetts Enacts New Biosimilars Substitution Law

On June 23, 2014, Governor Deval Patrick signed into law House Bill 3734, “An Act Relative to the Substitution of Interchangeable Biosimilars” (now Chapter 143 of the Acts of 2014). The new Act authorizes pharmacists to...more

More of the Same: Recently Released FDA Social Media Guidance for the Life Sciences Industry

On June 17, 2014, the U.S. Food and Drug Administration ("FDA") continued to outline its expectations for pharmaceutical and medical device manufacturer use of social media platforms to promote manufacturers' products in two...more

2014 Roundtable Series, Mergers & Acquisitions

Market watchers view mergers and acquisitions as an economic yardstick. After several years of modest volumes, we've already seen substantial M&A activity in 2014 across industries including biotech, pharmaceuticals, and...more

Court Report - June 2014

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Amarin Pharma, Inc. et al v. Teva Pharmaceuticals USA, Inc. 3:14-cv-03558; filed June 4, 2014 in the District Court of...more

Court Report - June 2014

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cephalon Inc. v. Breckenridge Pharmaceutical Inc. et al. 1:14-cv-00671; filed May 27, 2014 in the District Court of...more

Inside M&A - Summer 2014

“Commercially Reasonable Efforts” Diligence Obligations in Life Science M&A" - More than 80 percent of all deals in the pharmaceutical, medical device and biotech industries include an earnout structure that provides...more

Court Report - May 2014

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Otsuka Pharmaceutical Co. v. Aurobindo Pharma Ltd. et al. 1:14-cv-03306; filed May 23, 2014 in the District Court of New...more

Nanotech Drug Formulations Drive Dealmaking

Some of the most commercially successful products to arise out of nanotechnology in terms of sheer size of revenues generated are nanotech drug formulations. This area continues to be hot in the wake of two recent deals, both...more

MoFo BioMeter - Vol. 3, Issue 2, May 2014 - Early Stage Deals Dominant Q1: Uptick in total dealmaking activity compared with same...

The MoFo BioMeter for the first quarter of 2014 shows a decrease in average BioMeter value in a quarter dominated by early stage deals. Total dealmaking activity showed an uptick compared to the same quarter in...more

Sherry Knowles Speaks Truth to the Power of the PTO on § 101 Guidelines

Last week, Sherry Knowles, former chief patent counsel for GlaxoSmithKline and now principal at Knowles Intellectual Property Strategies, LLC submitted to Managing Intellectual Property magazine a detailed critique of the...more

Court Report

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Amarin Pharma, Inc. et al. v. Apotex, Inc. et al. 1:14-cv-02958; filed April 24, 2014 in the Northern District of...more

Court Report - Part III

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Apotex Corp. et al. 1:14-cv-00586; filed April 16, 2014 in the Southern District of...more

Court Report - Part II

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Helsinn Healthcare S.A. et al. v. Cipla Ltd. et al. 1:14-cv-00427; filed April 7, 2014 in the District Court of...more

Court Report

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Celltrion Healthcare Co. et al. v. Janssen Biotech, Inc. 1:14-cv-11613; filed March 31, 2014 in the District Court of...more

USPTO Tries to Address Public Misunderstandings Regarding Myriad-Mayo Guidance

The U.S. Patent and Trademark Office spent the entire afternoon session of today's biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting focusing on the guidance memorandum for determining the subject...more

University of Pittsburgh v. Varian Medical Systems, Inc. (Fed. Cir. 2014)

The Federal Circuit used its decision that the District Court erred in certain of its claim construction determinations to reverse a jury award of greater than $100 million, but left intact large portions of the District...more

Court Report

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Dr. Reddy's Laboratories Ltd. et al. 1:14-cv-00387; filed March 26, 2014 in the...more

Stay Off My Turf! How to Protect Field of Use in a Biotechnology License Agreement

To protect a licensor’s rights, a key element of a biotech license is the licensor’s right to restrict the scope of the license by limiting the field of use, often to a particular disease area. But the license agreement only...more

Court Report

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Bristol-Myers Squibb Company v. Apotex Inc. et al. 1:14-cv-00351; filed March 19, 2014 in the District Court of...more

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