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10 Key Takeaways - Navigating Litigation Under the Biologics Price Competition and Innovation Act BPCIA

On January 11, 2024, Kilpatrick Partner April Isaacson and Counsel Yifan Mao presented “Navigating Litigation Under the Biologics Price Competition and Innovation Act (BPCIA)” to entrepreneurs in the Chinese life science...more

5 Key Takeaways | Hot Topics in Biopharma [Video]

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in...more

5 Key Takeaways - Hot Topics in Biopharma: From Enablement to Written Description, Section 101 Challenges, and The Patent...

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. Firm attorneys led two days of interactive discussions with clients on the latest developments in...more

The Supreme Court Leaves Skinny Labels to Another Day

The Supreme Court recently rendered two important decisions for the biopharma industry. In the first decision, the Supreme Court ruled on enablement of genus claims for therapeutic antibodies, unanimously affirming the...more

Amgen v. Sanofi: Supreme Court to Hear Patent Enablement Arguments on March 27

We previously reported on the ongoing dispute between Amgen and Sanofi regarding enablement of genus claims. But, the case is nearing a final decision. On January 31, the Supreme Court set arguments to address Question 2...more

Sidebars Podcast | Amanda Brouillette: Taking Charge

In this episode, we interview patent litigator Amanda Brouillette, a Senior Associate in the Atlanta office of Kilpatrick Townsend. Amanda has defended a wide range of clients accused of patent infringement through all stages...more

Federal Circuit Finds Claim Is Not “Materially Broader” and Inventor Estopped From Challenging Asserted Claim

Previously, we reported on the Supreme Court’s limits on assignor estoppel and arguments on remand at the Federal Circuit. Last week, on August 11, 2022, the Federal Circuit issued its opinion deciding whether Hologic’s...more

Sidebars Podcast | Roger Wylie: Leadership Matters

In this episode, we welcome Roger Wylie, the Managing Partner of Kilpatrick Townsend & Stockton. Roger was the Co-Managing Partner of Townsend and Townsend and Crew prior to its merger with Kilpatrick Stockton. Roger is a...more

The Fast and the Furious: Article 76 Proceedings in China Proceed with Speed

Article 76 of the Fourth Amendment1 to the Chinese Patent Law links regulatory approval of a generic drug and patent protection of the brand-name drug. It establishes a legal framework for resolving drug patent disputes...more

Sidebars Podcast | Rachel Rebouché and Paul R. Gugliuzza | Shining the Spotlight On Gender Inequality in Patent Litigation

In this episode, we welcome Temple University professors Rachel Rebouché and Paul Gugliuzza, authors of a forthcoming paper in the North Carolina Law Review titled, “Gender Inequality in Patent Litigation” —a data-rich paper...more

Sidebars Podcast | Looking Back on Season One

In this episode, hosts April Abele Isaacson and Kimberlynn Davis along with the podcast’s producer, Kristina Travaillot, reflect on the first season of the Sidebars podcast and provide a preview of Season Two....more

Drug Discovery Catch-22: A Healthy Dose of Written Description

To satisfy the written description requirement under 35 U.S.C. 112, a patent specification must describe the claimed invention in such sufficient detail that a person of skilled in the art (POSA) can reasonably conclude that...more

The Sound of Silence: Claiming Negative Limitations

The specification shall contain a written description of the invention. To meet the written description requirement, the applicant must convey with reasonable clarity to those skilled in the art that, as of the filing date...more

Inventor Argues Assignor Estoppel Does Not Apply to “Materially Broader” Claims

As we previously reported, the Supreme Court narrowed the doctrine of assignor estoppel. The Supreme Court remanded to the Federal Circuit Minerva Surgical, Inc.’s question of whether Hologic’s claims are “materially broader”...more

Sidebars Podcast | Danielle Abramson: Driven by Passion [Audio]

Danielle Abramson is currently SVP, Global Head of IP at RedHill Biopharma. She is a registered patent agent with an almost 20-year career in the legal field, which includes stints at several law firms where she created her...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 | 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

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

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