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Sidebars Podcast | Jamie Graham: Charting Her Own Course [Audio]

Jamie Graham is currently Associate Director and Senior Patent Counsel at Boehringer Ingelheim USA. Prior to joining Boehringer, Jamie practiced patent law for 30 years at Kilpatrick Townsend, many of them as a partner. At...more

Assignor Estoppel Comes with Limits: Consistency is Key

In earlier posts, we reported that the Supreme Court granted Minerva Surgical, Inc.’s petition for a writ of certiorari on the question of “whether a defendant in a patent infringement action who assigned the patent, or is in...more

Sidebars Podcast | Cecilia Andrews: Building Your Authentic Brand [Audio]

In this episode, Cecilia Andrews, Director of Intellectual Property for Novelis, Inc., shares her approach to building an authentic brand and delivering high-impact value for clients and colleagues. Cecilia relates her career...more

Sidebars Podcast | Huong Nguyen: Uncompromising Authenticity [Audio]

Huong Nguyen is currently Vice President, General Counsel, of Fosun Pharma USA Inc. She has spent the majority of her nearly two-decade law practice actively working in the pharmaceutical industry as both an in-house counsel...more

Two Bipartisan Bills Aim to Encourage Competition in the Biopharma Industry

Drug pricing and innovation are hot topics in Washington right now with several bills making their way through the legislative process, many in a bipartisan fashion. On April 23, 2021, two of these bills were signed into law...more

Sidebars Podcast | Mary Hannon: Shining the Light on the Wide Gender Gap in the Patent Bar [Audio]

In this episode, April and Kim interview Mary Hannon, the woman who started the public conversation about the gender gap in the patent bar and inspired this podcast. Mary is currently a law student at DePaul University and in...more

Collaboration and Joint Inventorship: Who Invented this Biologic?

Background - The patent statute recognizes that an invention may be jointly invented, however, there is no definition of inventorship in the patent statute. For this reason, the courts have been left to determine what...more

Balancing Hatch Waxman and the Sham Litigation Exception

As previously reported on March 31, 2021, AbbVie Inc. has petitioned the U.S. Supreme Court for a writ of certiorari to review the Third Circuit’s ruling determining the biopharma company’s patent infringement suit was a sham...more

Sidebars Podcast | April Abele Isaacson: Rising Above, Instructions Not Included [Audio]

April Abele Isaacson has 25 years of experience as a trial lawyer and a registered United States patent attorney. Before starting her legal career, April earned a MS in Pharmacological and Physiological Sciences and was an...more

Federal Circuit Affirms Another PTAB Patent-Ineligibility Decision

As previously reported on March 17, 2021, the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) decision that the rejected claims of a patent application owned by The Board of Trustees of Leland Stanford...more

Sidebars | Kimberlynn Davis: Achieving Goals, Imperfectly [Audio]

Kim Davis is a rising star in the patent bar. Kim earned a Ph.D. in organic chemistry from Emory University and her scientific training is instrumental in her practice, which focuses on prosecuting foreign and domestic patent...more

Petitioner And Amicus Briefs Lay Out Arguments In Supreme Court Fight Over Assignor Estoppel

As previously reported, in January 2021, the Supreme Court granted a petition for a writ of certiorari filed by Minerva Surgical, Inc. on the question of “whether a defendant in a patent infringement action who assigned the...more

“Curiouser and Curiouser!”: Federal Circuit Affirms PTAB Patent-Ineligibility Decision Under Alice

On March 11, 2021, in an Opinion by Judge Reyna, along with Chief Judge Prost and Judge Lourie, the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) decision that the rejected claims of a patent application...more

Will There Be a Legislative Push to Reform Patent Eligibility Requirements During the Biden Administration?

On March 5, 2021, bipartisan members of the Senate Committee on the Judiciary Subcommittee on Intellectual Property, Senators Tillis (R-NC), Hirono (D-HI), Cotton (R-AR) and Coons (D-DE), sent a letter to the USPTO’s...more

Sidebars Episode 1: Setting the Bar [Audio]

Why does a gaping gender gap persist in the patent bar and what’s to be done about it? In this inaugural episode of Sidebars, a limited-series podcast for women in patent law, Kilpatrick Townsend partners April Abele Isaacson...more

Trailer: Introducing Sidebars by Kilpatrick Townsend [Audio]

We're pleased to introduce Sidebars! This limited podcast series by Kilpatrick Townsend's biopharma team showcases today's leading women in the patent bar. Each of the episodes is a candid conversation between groundbreaking...more

Drug to Biologic Transition: Is Purple The New Orange?

Approval Processes - The regulatory approval pathway for a new “biological product” submitted as a Biologics License Application (BLA) under the Biologics Price Competition and Innovation Act (BPCIA), is now separate from...more

2/10 UPDATE: GSK v. Teva: The Skinny On Induced Infringement And Label Carve-Outs

On January 13, we originally posted on this topic. An update was posted on February 5. This post provides the most recent update on this matter. Yesterday, the Federal Circuit granted Teva’s petition for en banc rehearing....more

Orphan Drug Act Reform: Will the Loophole be Closed During the Biden Administration?

The U.S. House of Representatives generated buzz in November 2020 when it passed a bill aimed at removing a loophole in the Orphan Drug Act. Although the bill did not make it far in the Senate, the bipartisan legislative push...more

What Is The Future Of The Doctrine Of Assignor Estoppel In Patent Validity Challenges?

On January 8, 2021, the Supreme Court granted a petition for a writ of certiorari filed by Minerva Surgical, Inc. on September 30, 2020. The question presented is “whether a defendant in a patent infringement action who...more

GSK v. Teva: The Skinny On Induced Infringement And Label Carve-Outs

Statutory Basis For Label Carve-Outs - Section viii of the Hatch-Waxman Act permits an Abbreviated New Drug Application (ANDA) applicant to obtain FDA approval to market a generic version of a drug for a non-patented use...more

What to Watch in 2021 - Big Changes for Drug Companies in China

For several years, China has been evaluating changes to its drug approval system to promote drug innovation and patient access to medicines. The year 2020 saw China begin taking steps towards adopting some of those changes....more

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