Tag Archives: Intellectual Property

Protecting your IP Overseas

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According to the World Intellectual Property Organization (WIPO), nearly 100,000 biotechnology and pharmaceutical patent applications are filed worldwide each year, and the trend appears to be rising. As you’ve likely experienced, filing patent applications can be very complex, with different laws, deadlines and languages requiring highly technical translators for most countries in which you’re seeking protection. As a result, companies seeking IP protection often outsource their domestic and foreign patent filings to service providers to Read More >

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US Public Organizations Leading Genomic Research, with Europe and Asia Catching Up

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Since before the mapping of the human genome just over a decade ago, we have been applying our growing understanding the genome and associated –omes to medical and industrial uses. Thanks to this understanding, we now have the ability to pinpoint a specific genetic variation in a specific patient which can predict sensitivity to certain drugs. But where is innovation in genomics coming from? And where is it going? What roles are emerging markets playing? Read More >

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Supreme Court Enunciates New Indefiniteness Standard

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The Supreme Court has once again reversed a decision by the Federal Circuit, in this case involving the proper standard for finding claims indefinite. The case, Nautilus, Inc. v. Biosig Instruments, Inc., overturned the Federal Circuit’s “insolubly ambiguous” test and substituted its own “reasonable certainty” test.  The Court left intentionally unclear the precise ways in which their new test will differ from the Federal Circuit’s abrogated test, leaving it to the lower court to decide Read More >

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Patent Reform Legislation Off The Table For Now

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If the mainstream media is to be believed, the patent system is broken.  This notion is frequently blamed on the perceived increase in so-called patent assertion entities (“PAEs”), referred to derogatorily as “patent trolls.”  More often than not, these media reports cite to a limited number of examples illustrating the perceived abuses, and reach the conclusion that patents are stifling innovation.  And, even though there has been serious disagreement about the extent of the problem, Read More >

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Supreme Court Decision on Web Content Delivery to Impact Biotech Patents

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Earlier this month, in Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court issued a decision that will likely impact patents directed to methods for treating or diagnosing diseases.  In Limelight Networks, the Court reversed the appellate court’s finding that Limelight had infringed U.S. Patent No. 6,108,703, which is assigned to the Massachusetts Institute of Technology and is exclusively licensed to Akamai Technologies.  In particular, the Court determined that a defendant is not liable Read More >

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