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Patents Investment

Mintz - Tax Viewpoints

Canada Elects 2025: Tax Policies Poised to Shape Canada’s Innovation Economy

In a historic election, given the backdrop of rising tensions between Canada and the US, Canadians elected Mark Carney and his Liberal party on April 28, 2025. Although the platform released by the Liberals (the Liberal...more

ArentFox Schiff

Strategies for Safeguarding AI Innovation: Navigating the Complex IP Landscape for AI Technologies

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The protection of intellectual property (IP) is vital in the fiercely competitive artificial intelligence (AI) industry, necessitating a deep understanding of how the complex IP framework can be effectively leveraged to...more

Foley & Lardner LLP

Federal Circuit Opens the Door to Additional Domestic Industry Investment: “Ordinary Importer” No Longer

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In its recent decision in Lashify, Inc. v. International Trade Commission, the Federal Circuit opened the door for patent owners to include expanded categories of domestic investment to satisfy the economic prong of the...more

Husch Blackwell LLP

Navigating Life Sciences Transactions: A Five-Part Series

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The life sciences industry is built on breakthroughs and partnerships. From early-stage biotech startups to established medtech and pharma companies, success often depends on navigating complex business transactions, securing...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Section 337 Now Viable for “Mere Importers” After Federal Circuit’s Lashify Decision

For years, the U.S. International Trade Commission maintained that the potent remedies available under Section 337 were unavailable to intellectual property owners considered to be nothing more than “mere importers.” That...more

Axinn, Veltrop & Harkrider LLP

Federal Circuit Clarifies That “Quantitatively Small” Investments Can Establish Significant and Substantial Investment in Domestic...

On Friday, Feb. 7, 2025, the Federal Circuit issued a precedential opinion in Wuhan Healthgen Biotech. Corp. v. U.S. Int’l Trade Comm’n, No. 23-1389, 2025 WL 420819 (Fed. Cir. 2025). The three-judge panel, consisting of Chief...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Federal Circuit Affirms Small U.S. Investments Can Satisfy Domestic Industry Requirement

A domestic industry may never be too small so long as the commercial product is 100% American-made according to the latest Federal Circuit opinion. In Wuhan Healthgen Biotech v. ITC, the Federal Circuit affirmed the...more

DLA Piper

Federal Circuit Asked to Rethink ITC’s Longstanding Exclusion of Investment Categories for Economic Domestic Industry

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A US Court of Appeals for the Federal Circuit panel consisting of Judges Sharon Prost, Richard Taranto, and Raymond Chen recently heard oral argument in Lashify, Inc. v. US International Trade Commission, an appeal from a...more

Orrick, Herrington & Sutcliffe LLP

Startup e Innovazione: le novità per il 2025

La legge 16 dicembre 2024, n.193 introduce significative modifiche normative che riguardano le startup innovative, gli incubatori certificati e gli investimenti nel settore delle nuove imprese tecnologiche. Queste...more

Lowndes

Protecting Your Innovation and Boosting Your Business

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Whether you’re a startup founder, an innovator, or a multi-national corporation, understanding the strategic importance of patents can transform the way you protect and leverage your intellectual property (IP) portfolio....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Continued Investment in AI Drug Discovery Points to Potential Future Significance of Inventorship in Biosimilar Litigation

On December 3, 2024, Bristol Myers Squibb announced a collaboration agreement with three-year-old startup AI Proteins. According to its founder, Chris Bahl, PhD, AI Proteins uses “AI, synthetic biology, and laboratory...more

Dechert LLP

2024 Election - Implications on Technology - Update

Dechert LLP on

Under the Trump administration, the real estate sector will likely face new circumstances defined by deregulation, leadership changes and tax reforms. While reduced compliance costs and regulatory burdens might pose...more

Pillsbury Winthrop Shaw Pittman LLP

Stretching the Limits: Clarifying the Scope of the Domestic Industry Requirement

Complainants should allocate their investments on a patent-by-patent basis, or, at a minimum, ensure that any aggregate investment is allocated by proper product groupings....more

Vinson & Elkins LLP

Critical IP Issues Surrounding the Energy Transition

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A host of questions are arising about the intellectual property rights attached to energy transition projects because of enormous investments in the space and the cutting-edge technologies that follow. Energy transition...more

McDonnell Boehnen Hulbert & Berghoff LLP

Overcoming the Consequences of In re Cellect

In view of the unprecedented uncertainty in patent law generated by counter-doctrinal Supreme Court decisions over the past decade or so and a cowed Federal Circuit relegated to complaining that their hands are tied on most...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Evolving Gene Editing Landscape: From Research Tool to Market

Gene therapies have been the subject of tremendous scientific research and investment. With hundreds of clinical trials in progress and many target applications, the biotechnology, agricultural, and pharmaceutical fields are...more

White & Case LLP

Strong Medicine: Using Investment Treaties to Mitigate Foreign Regulatory Risk in the Life Sciences

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The COVID-19 pandemic has accelerated the globalization of the life sciences industry, driving cross-border collaborations to develop urgently needed treatments, scale up manufacturing and distribution, and fill raw material...more

Foley & Lardner LLP

Top Legal Issues Facing the Manufacturing Sector in 2022

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As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more

Foley & Lardner LLP

Impact of Current 101 Jurisprudence on Precision Medicine Innovation

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The USPTO recently released a Report to Congress (“Report”) detailing the results of its call for public comments regarding the impact of U.S. jurisprudence on patent subject matter eligibility. The Report is responsive to...more

White & Case LLP

US continues to chart its own course on standard essential patents

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Taiwanese businesses should watch for continued assertions on 5G, IoT - The number of disputes involving standard essential patents (SEPs) is increasing, both in the United States and worldwide. This trend is expected to...more

Foley & Lardner LLP

Hidden Layers Between AI & Patent Policy: Global Patent Office Policy Considerations and Perspectives

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With the ever increasing adoption of AI technology, no industry will unlikely be left untouched by Artificial Intelligence in the coming years. The worldwide spending on AI systems is estimated to increase as much as 100...more

Mintz - Intellectual Property Viewpoints

ITC suggests 5% Threshold for Domestic Industry Assessment; order may impact tech companies

Recently, Chief Administrative Law Judge (“CALJ”) Bullock of the U.S. International Trade Commission (“ITC”), in Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337-TA-1123, Order No. 77, suggested that...more

Jones Day

Research Prototypes Count Towards Domestic Industry

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In a recent opinion, the International Trade Commission (“ITC”) held that economic investments and activities related to patented pre-commercial and non-commercial articles can meet Section 337’s domestic industry...more

Jones Day

Economic Prong of Domestic Industry Requirement Is Not Evaluated in Relation to Complainant’s Overall Investments

Jones Day on

Administrative Law Judge Lord held the economic prong can be satisfied even when the percentage of complainant’s domestic investments in the patented products is small in relation to its overall domestic investments. In re...more

Jones Day

ITC Makes It Easier for Complainants to Meet the Domestic Industry Requirement

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In a recent decision, the Commission overruled the ALJ to clarify, and ultimately expand, the universe of investments that complainants can use to meet the economic prong of the domestic industry (“DI”) requirement. Certain...more

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