Most companies rely heavily on contractual obligations to protect their trade secrets. Employee and vendor agreements typically include non-disclosure provisions. Depending on the state and the nature of an employee’s...more
It is a good bet that everyone has a heightened appreciation for diagnostic technology right now. The countries that have fared reasonably well during the ongoing pandemic are those with meticulous testing regimens. After...more
Twenty years ago the effort to sequence the human genome turned into a race between a consortium of publicly funded institutions and a company called Celera, with Craig Venter at its helm. ...more
A science fiction author in the mid-1970s envisioned a future in which a deteriorating environment and limited resources meant we were all on an algae-based diet. ...more
Under the U.S. Patent laws, claims must particularly point out and distinctly claim what the inventor understands her invention to be. Up until three years ago, the inquiry for determining indefiniteness was to ask whether...more
10/12/2017
/ Claim Construction ,
Indefiniteness ,
Innovative Technology ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Life Sciences ,
Medical Devices ,
Nautilus Inc. v. Biosig Instruments ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Technology Sector
One of the more memorable lines from 1989’s Steel Magnolias is “if you can’t say anything nice about anybody, come sit by me.” That sentiment— referred to as “schadenfreude” in German — is amplified on social media, and this...more
2/3/2017
/ Best Practices ,
Defamation ,
Facebook ,
Invasion of Privacy ,
Online Platforms ,
Online Reputation ,
Reputation Management ,
Social Media ,
Social Media Policy ,
Social Networks ,
Technology ,
Twitter ,
Yelp
As the Biologics market is predicted to be a $250 billion market in the next few years, it is not surprising that parties embroiled in biosimilar litigation go to the mat. Both Apotex and Sandoz filed cert petitions this year...more
12/27/2016
/ Amgen ,
Biologics ,
Biosimilars ,
BPCIA ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Patent Applications ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Preliminary Injunctions ,
Sandoz ,
Sandoz v Amgen
1997’s “Gattaca” has something of a cult following. The story is set in a futuristic society in which genetics determines destiny. The protagonist, of course, overcomes all obstacles through sheer will power, and by...more
More than a decade ago Steve Spielberg’s Minority Report contemplated a future in which facial recognition would be ubiquitously used for targeted advertising. Now, a California court will decide whether to dismiss a...more
11/18/2016
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Facebook ,
Facial Recognition Technology ,
Injury-in-Fact ,
Motion to Dismiss ,
Privacy Laws ,
Social Media ,
Software ,
Spokeo v Robins ,
Standing ,
Technology Sector
It took over a decade to sequence the human genome the first time, at a cost between half a billion and a billion dollars. Now, however? An entire human genome can be sequenced for one or two thousand dollars, in a matter of...more
Tongue-in-cheek references to Pokémon Go as a health App aside, maybe the tech industry is on to something. In the U.S., seven out of every ten deaths are due to chronic diseases, such as diabetes or heart disease. Perhaps...more
10/17/2016
/ Best Practices ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Medical Devices ,
Mobile Apps ,
PHI ,
Pokemon ,
Popular ,
Privacy Concerns ,
Security Standards ,
Smartphones ,
Technology ,
Technology Sector ,
Third-Party Service Provider ,
Wellness Programs
The Supreme Court of the United States recently held that royalty payments beyond the expiration of a patent are per se unlawful. However, many ground-breaking technologies being developed and licensed from the nation's...more
The greatest asset of a young biotech company is its intellectual property. Strategic decisions made during the initial organization and early growth of your company have a lasting impact on its success. In this webinar, we...more
Tuesday, September 22, 2015, 1:00 P.M. CST -- Both the FDA and the FTC have been busy this summer. Just this month, both agencies took their strongest actions to date relating to cybersecurity and the regulation of medical...more
One of the worst kept secrets is the experienced and expected growth in healthcare IT. In 2013, over $650 million was invested into healthcare IT companies, and the trend is continuing to grow. Combined with the fact that...more
6/11/2015
/ Apple ,
CLS Bank v Alice Corp ,
Confidentiality Agreements ,
Copyright ,
Google ,
Health Information Technologies ,
Healthcare ,
Information Technology ,
Patents ,
SCOTUS ,
Software ,
Technology ,
Trade Secrets
The rise of social media has introduced new opportunities and new legal challenges for companies in the health care industry. Attorneys Seth Northrop and Sharon Roberg-Perez discuss the legal issues faced by care providers,...more
4/9/2015
/ Best Management Practices ,
Data Mining ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Hospitals ,
Labeling ,
Medical Devices ,
Patients ,
Pharmaceutical Industry ,
Privacy Laws ,
Risk Management ,
Social Media ,
Terms of Use ,
User-Generated Content
The biotechnology industry has a long history of successfully licensing and litigating university technology. That trend looks to be continuing, even as other industries have taken aim at limiting patent enforcement. Ten U.S....more
A recent decline in patent litigation has been attributed to the evolving patent eligibility standard, as well as to an increase in post-grant review proceedings at the Patent Office, now reported to be “the second-biggest...more
For almost 40 years the FDA has regulated in vitro diagnostics (IVDs) as medical devices. An IVD is a reagent, instrument, or system that is intended for the diagnosis of a disease or other condition, including the...more
Thanks to recent advances in cloning technology, treating degenerative diseases with replacement tissue that matches a patient’s genetic makeup exactly is no longer science fiction. Just last month, for example, two research...more
Double-digit growth is predicted for the molecular diagnostic market in the next several years, driven in part by an increased demand for personalized medicine—medical decisions and therapeutic products tailored to address...more