Tag Archives: patent

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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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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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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BIO Joins Alliance for Fair Trade with India

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BIO recently joined the Alliance for Fair Trade with India along with the U.S. Chamber of Commerce, the National Association of Manufacturers, Solar Energy Industries Association, and others. The new Alliance website states: Over the last year, policymakers and courts in India have engaged in a persistent pattern of discrimination that is hurting a wide range of manufacturing and services industries and jobs in the United States. India has recently mandated domestic content rules that Read More >

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