Category Archives: Patently BIOtech

Nautilus v. Biosig, Baxter v. Fresenius and Limelight v. Akamai

Supreme Court

BIO weighed in on three Supreme Court cases in the last few months whose outcome could change the IP landscape for biotechnology companies. BIO’s amicus brief in Nautilus v. Biosig Instruments argues that the petitioner misrepresents the Federal Circuit’s definiteness test and seeks to litigate an issue not properly before this court.  Petitioner’s approach radically departs from established law and practice.  Finally the petitioner’s approach would destabilize the patent system as it would inject substantial Read More >

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Corporate-Sponsored University Research Valuable for Further Innovation

SBIR Reauthorization Moves Forward

New research published in Nature, Technology Transfer: Industry-funded academic inventions boost innovation, provides data undermining “assumptions that corporate-funded academic research is less accessible and useful to others.” After reviewing empirical evidence covering 20 years of inventions in the University of California system the authors find that: “Corporate-sponsored research is surprisingly valuable for further innovation. Data collected over 20 years at nine campuses and three national laboratories administered by the University of California show that corporate-sponsored Read More >

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Gene Patent Questions Remain: USPTO Issues Examiner Guidelines

Supreme Court

The new Patent Office guidance, issued March 4, extends the Supreme Court’s legal logic into areas that were neither mentioned nor decided in the Myriad case itself. Myriad went to the Supreme Court exclusively on the question whether human genes are patentable. And human genetic diagnostic testing was the only context in which the Supreme Court thought about this question. The Supreme Court also acknowledged that it is not a scientific expert, and perhaps recognized Read More >

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Special 301: BIO Highlights Challenges in India

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BIO recently testified before the U.S. government on the intellectual property challenges our members face in various markets around the world. Among other matters, BIO recommended that the U.S. government designate India as a Priority Foreign Country, a designation that would lead to the consideration of trade sanctions for treaty violations. Specifically, BIO testified: “In the healthcare space, only a few dozen innovative and patent protected medicines are on the market in India. Yet, in Read More >

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Report Shows World’s Weakest IP Environments

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There is clear link between a country’s rate of economic development and the strength of its intellectual property laws. This is particularly true in knowledge-intensive sectors such as biopharmaceuticals. The good news is that some mature and emerging economies are making growing use of patent systems to facilitate biotechnology research and commercialization. The bad news is that a number of countries, including India, China, Brazil and Canada, have established bureaucratic and burdensome hurdles to patentability. Read More >

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