Category Archives: Patently BIOtech

Patent Trolls and Patent Litigation: The GAO Weighs In

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Patent troll litigation alarmist were likely disappointed by the GAO report.  While the public discourse may have already concluded that patent trolls have laid waste to the innovative landscape by creating a patent litigation crisis, the GAO report does not find much evidence to support such claims. Patent troll litigation is not running rampant.  The GAO analyzed a sample of 500 patent infringement lawsuits from 2007 to 2011 and found that companies that make products (operating Read More >

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What a Patent is Not

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‘Patent trolls.’  ‘Patients over patents.’  ‘Do Not Patent My Genes.’  ‘Patents ate my baby.’  Ok, so I made the last one up.  The emphasis on patents in the public discourse has reached a new high.  Yet, many commentators get the basics wrong.  Here are a few things that a patent is not. A patent is not ownership of a thing, whether it is life, genes, viruses, computer code, or any other animate or inanimate object.  Read More >

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Fresenius v. Baxter: BIO files Amicus Brief in Federal Circuit

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The Biotechnology Industry Organization filed an amicus brief at the Federal Circuit in the case of Fresenius v. Baxter: BIO is concerned that the panel decision could have a number of unintended consequences, such as incentivizing defendants (or declaratory judgment plaintiffs) to employ dilatory tactics in the federal courts while re-arguing already-decided issues under claim construction more favorable to the patent challenger and lower burden-of-proof standards in the PTO.  Courts and parties may be forced Read More >

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Bayh-Dole and Technology Transfer Continue to Deliver

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The Association of University Technology Managers released the 2012 AUTM U.S. Licensing Activity Survey Highlights which provides data on respondents from “161 universities, 32 hospitals and research institutes, and one third-party technology investment firm” (a response rate of 65%).  Here are some of the highlights: Start-Ups and Products: • 705 startup companies formed (+5.1% [over last year]), 554 of which had their primary place of business in the licensing institution’s home state (+13.8% [over last Read More >

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TPP and Innovation in the Bioeconomy: The Need for 12 Years of Data Protection

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A few weeks ago, BIO submitted a letter and white paper (PDF) to the U.S. Trade Representative outlining recommendations for policies to pursue with TPP negotiating partners to ensure intellectual property protection for innovative biologic products. Standards that enable biotechnology companies to protect and leverage their intellectual property are of critical importance to companies seeking breakthrough treatments and cures for patients in need worldwide. Implementing standards of protection that effectively protect innovation for biological products within the TPP region Read More >

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