Tag Archives: USPTO

“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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BIO on CNBC: IPR System Weakens Medical Innovation

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Last night Ron Cohen, M.D., CEO of Acorda Therapeutics and BIO’s board chair, appeared on CNBC’s Fast Money where he discussed our industries concerns’ with the U.S. Patent and Trademark Office’s patent challenge system known as Inter Partes Review (IPR). Dr. Cohen concisely explained this complicated and rapidly evolving issue and made clear why Congress must quickly address abuses to the IPR system within current Patent reform legislation. Regrettably, this system that was designed by 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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IP Sessions at BIO 2015: The Evolving Landscape of Patentable Subject Matter

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The IP Track at BIO 2015 had a number of incredible educational sessions concerning the most relevant topics in the biotech sector. Let’s look back at what top experts in the IP field had to say about the changing nature of patentable subject matter: Panelists included: Jennifer Swan and Howard Levine, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Raul Tamayo, USPTO P. Michael Walker, E.I. du Pont de Nemours and Company Panelists focused on the increasingly restrictive interpretation of patent eligibility, Read More >

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