Category Archives: Patently BIOtech

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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Patent Docs Highlights the BIO IPDx Symposium

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Patent Docs recently highlighted McDonnell Boehnen Hulbert & Berghoff’s (MBHB) panel at BIO’s IP and Diagnostics Symposium (IPDx).  Moderated by Donald Zuhn at MBHB, panelists from MBHB, Roche Diagnostics, and the USPTO discussed the impact of the Myriad decision on obtaining patent protection for genetic diagnostics.  The panel concluded the following: “While there was agreement that the Myriad holding is not limited to human DNA, there was spirited disagreement regarding its long-term impact on patents claiming naturally Read More >

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BIO IP & Diagnostics Symposium

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BIO’s IP & Diagnostics Symposium (BIO IPDX) will review the current patent law landscape and evaluate the impact on both the genetic diagnostics and biopharmaceutical sectors. The program will review IP issues for both diagnostics generally and companion diagnostics. The program will also explore some of the potential regulatory dimensions. BIO aims to use this event to inform industry and government alike on how to move the science forward in the current climate. Where & Read More >

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