Tag Archives: PTO

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

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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 >

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PTAB Ruling Proves Medical Innovation Under Attack

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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 >

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Here are the Facts about the IPR Kill Rate

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FiercePhrma recently ran an article repeating a dubious analysis of the crisis caused by the rapidly increasing number of biopharma related inter partes reviews (IPR) currently within the United States Patent and Trademark Office (PTO). It is troubling that in a single breath Ronny Gal both dismissed the biopharmaceutical industry’s concerns with the PTO’s IPR process and acknowledged that limited data prevents any firm conclusions about the potential impact of IPR on biotech innovation. If Read More >

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Register for the 2015 BIO IP & Diagnostics Symposium!

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The Third Annual BIO IP & Diagnostics Symposium takes place on September 18, 2015 in Alexandria, Virginia! Have you reserved your seat at the Symposium yet? Space is limited. Register today. The symposium will bring together representatives of academia, government and industry to 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. It will Read More >

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BIO Deputy General Counsel Testifies on Patent Reform

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On Wednesday, March 18, BIO’s Deputy Counsel for Intellectual Property, Hans Sauer, testified in front of the U.S. Senate Judiciary Committee regarding proposed reforms to the current U.S. patent system. The hearing was a chance for the Judiciary committee to listen to experts on what should be done to halt misuse of the patent system. In his remarks, Mr. Sauer noted that while BIO appreciates efforts by Congress to curb patent troll abuses, some of Read More >

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