Tag Archives: patents

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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Patent Parameters

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Supreme Court Finds Naturally Occurring DNA to Be Patent Ineligible Last summer, the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., which concerned the patent eligibility of the BRCA1 and BRCA2 genes. In Myriad, a unanimous Supreme Court held that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated. The Court also determined, albeit with one caveat, that 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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What OxyContin Tells Us About the Value of “Evergreening” and Patents

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A few weeks ago, the  FDA announced that they would not allow generic versions of older versions of OxyContin. The original formulation of OxyContin goes off patent today. The original formulation did not have “tamper-resistant qualities” that prevent people from “crushing, breaking, and dissolution using a variety of tools and solvents.”  The article reports that the decision will keep Teva Pharmaceuticals and Impax Laboratories from making the older version which the FDA has determined is too dangerous Read More >

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How to Survive the Patent Cliff: Eli Lilly’s CEO at the BIO CEO & Investor Conference

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Like a number of companies, Eli Lilly is confronting a wave of patent expirations called the patent cliff. The company lost U.S. patent protection on the anti-psychotic Zyprexa in the fall of 2011 and they’re facing the losses of the antidepressant Cymbalta in December of 2013 and the osteoporosis drug Evista in 2014. The loss of protection endangers the company’s ability to profit from the drugs and they could face a $25 billion loss in Read More >

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