Tag Archives: Patent Reform

Patent Reform Needs to Address Trolling of All Stripes


As we enter the final days of the 114th Congress, it is regrettable that the unintended consequences of the PTO’s administrative patent challenge system known as Inter Partes Review, or IPR, continue to threaten innovative, intellectual property-reliant companies that are helping to drive this nation’s economic growth. It is vital that patent reform legislative efforts crack down on abuses of the IPR system and impose greater checks on the unfettered discretion of the PTO’s administrative Read More >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , ,

“II Ca-Be-lly, or Not II Ca-Be-lly?”: Is The Famous Cabilly II Antibody Patent Near Extinction?


Guest post by Konstantin Linnik, Ph.D., Isaac Hubner, Ph.D, and Lana Gladstein, who are attorneys in the Boston office of Nutter McClennen & Fish LLP. On February 5, 2016, the Patent Trial and Appeal Board (“PTAB”) issued a decision to institute an Inter Partes Review (“IPR”) of Genentech’s “Cabilly II” patent (U.S. Patent No. 6,331,415). This triggered the one-month deadline for third parties to request joinder under 37 CFR § 42.122(b).  Whether you are a licensee, or otherwise Read More >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , , , , , , , , , ,

Patent Reform in the News

© 2010 Opensourceway (CC 2.0 Attribution ShareAlike) (flickr.com/photos/opensourceway/)

The New York Post and The Washington Post have both run Op-eds in the last week addressing the need to reform the PTO’s inter partes review (IPR) process within current patent reform legislative efforts. Both opinions point to the weakness within the IPR process exposed by short selling practices of predatory hedge fund managers. Click on the links below to read more: From the New York Post: Hedge-fund investors are coming to raid your medicine cabinet. By Peter Read More >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , , , , ,

Politicking Biopharma Delays Cures

US Capitol Building

Forbes’ Matthew Herper ran a guest post from Robert Nelsen, cofounder and managing director of ARCH Venture Partners, which addresses the challenges our industry is currently facing amid the continued need for biomedical innovation. Read it here.

Business and Investments  |  Leave a comment  |  Email This Post
Tags: , ,

PTAB Ruling Proves Medical Innovation Under Attack


There’s more evidence today that the IPR system needs to be fixed. PTAB ruled on Friday that under current rules, hedge fund managers are free to manipulate the system by shorting drug company stocks and then challenging their patents. Here’s what the panel said: “Profit is at the heart of nearly every patent and nearly every inter partes review. As such, an economic motive for challenging a patent claim does not itself raise abuse of Read More >

Public Policy  |  Leave a comment  |  Email This Post
Tags: , , , ,