Tag Archives: Intellectual Property

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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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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IP in Latin America: Growing Recognition of the Importance of IP to Innovation

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The Inter-American Dialogue’s daily Latin America Advisor recently asked the question “How seriously do Latin American countries protect IP rights?”  The editors asked various stakeholders about the U.S. Trade Representative’s Special 301 Report and its evaluation of Latin America’s protection of IP rights.  BIO’s Director for International Affairs, Meredith Fensom, commented on the growth of the innovative biotechnology sectors in Latin America and the critical role intellectual property plays.  “The presence of more than 60 Read More >

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