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Research and Development › Patent Infringement

MoFo Life Sciences

USPTO Seeks Input On Experimental Use Exception To Patent Infringement And Possible Legislative Action

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On June 28, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice requesting public comments on the current state of the common law experimental use exception to patent infringement and whether Congress...more

Hogan Lovells

CTGT transactions: Beware of ripples in the safe harbor

Hogan Lovells on

We increasingly encounter research and development collaboration partners relying on various research tools, cell lines, and other technologies to develop products and therapies within the cell, tissue, and gene therapy...more

Foley & Lardner LLP

Patent vs. Trade Secret Strategy: A Four Factor Decision Framework

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Intellectual property protection is a critical pillar for establishing and maintaining competitive advantages. At the same time, it is important to strategically allocate resources to building a patent portfolio. This can be...more

BakerHostetler

Answering Intellectual Property Questions From IP-Inexperienced Businesspersons

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I recently reached out to a few clients, friends and former colleagues — all of whom are “IP-inexperienced” — to ask them what intellectual property (IP) answers they might find helpful during their workdays, no matter how...more

Robins Kaplan LLP

[Remote Event] Health Care Antitrust Under President Biden - What Health Care Companies May Expect By Way Of Antitrust Policy And...

Robins Kaplan LLP on

After a turbulent year that roiled the economy, and the health care sector more than most, the Democrats emerged with control of both the White House and Congress for the first time since 2014. Business leaders and in-house...more

BakerHostetler

How to Protect and Clear Your Medical Device During Development

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Partner Hussein Akhavannik breaks down specific patent protection and clearance strategies for each stage of medical device development, from concept and design to the manufacturing and sale....more

Mintz - Intellectual Property Viewpoints

The Tall Tale of the Domestic Industry

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There is a common misconception the domestic industry economic prong requirement is insurmountable and an unknowable factor in a patent infringement action at the International Trade Commission (“ITC” or “Commission”),...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

Mintz - Intellectual Property Viewpoints

Recent ITC decision clarifies and eases domestic industry burden for patent holders

Mintz - Intellectual Property Viewpoints on

A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves intellectual property holders’ ability to prove that they have a “domestic industry” and obtain relief for infringement from the...more

Troutman Pepper

State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

Troutman Pepper on

In Covidien LP v. University of Florida Research Foundation Inc., the Patent Trial and Appeal Board (the “Board”) upheld a defense of sovereign immunity asserted by the University of Florida Research Foundation (the...more

Jones Day

ITC Scrubs Domestic Industry Holding In Brushes Investigation

Jones Day on

On February 7, 2017, the ITC issued a Notice modifying the ALJ’s Initial Determination in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv. No. 337-TA-959 and issuing...more

McDonnell Boehnen Hulbert & Berghoff LLP

UCB, Inc. v. Yeda Research and Development Co. (Fed. Cir. 2016)

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On September 08, 2016, in UCB, Inc. v. Yeda Research and Development Co., the Federal Circuit affirmed the determination by the District Court for the Eastern District of Virginia that UCB's Cimzia® brand antibody does not...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- The Biggest Side-effect of Making Medicine: How to Manage Intellectual Property and Patent Law

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International intellectual property regulations are doing serious damage to the pharmaceutical industry and, by extension, to the health of people around the world. The core of the problem: growing global concern about how...more

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