Posts Tagged: biotech patent law


Amgen v. Sanofi: A well characterized antigen insufficient for written description of an antibody

In what appears to be a clear departure from the past, in Amgen, the Federal Circuit has rejected the test, basing its rejection on the ground that …

Patent issued on vaccine for one of the most common causes of bronchiolitis and pneumonia

Respiratory syncytial virus, commonly referred to simply as RSV, is a highly contagious viral disease and is one of the most common causes of bronchiolitis and pneumonia. …
By Gene Quinn
11 months ago 1

Biotech firms form patent alliance over interference proceeding against CRISPR patent application

The alliance is composed of firms that have a vested interest in the outcomes of a CRISPR patent interference case currently in front of the U.S. …
By Steve Brachmann
12 months ago 2

Supreme Court denies cert. in Sequenom v. Ariosa Diagnostics

Earlier today the United States Supreme Court denied certiorari to Sequenom, Inc., which will let stand a decision of the United States Court of Appeals for the …
By Gene Quinn
1 year ago 72

The CRISPR Clash: Who owns this groundbreaking, DNA altering technique?

Right now, behind the walls of the USPTO, there is a fiery interference battle occurring between two scientific teams over who created a groundbreaking, DNA altering technique …
By Angélique McCall
2 years ago 12

USPTO Provides Updates to Patent Subject Matter Eligibility Guidance

On its face, the new guidance seems to urge examiners to develop well-reasoned, substantive rejections rather than conclusory rejections which provide little basis for applicants to advance …

CAFC denies Sequenom en banc petition, Next stop SCOTUS

The law of patent eligibility is created by the nine least qualified people to make such a determination; the Justices of Supreme Court of the United States. …
By Gene Quinn
2 years ago 40

Distorting Innovation: Fixed Patent Terms and Underinvestment in Long-term Research

Drugs for the treatment of late-stage cancers are less expensive to develop, in part because late-stage drugs extend patients’ lives for a shorter period of time such …
By Dr. Kristina Lybecker
2 years ago 1

Ariosa v. Sequenom: Dire consequences for biomedicine require rehearing en banc by CAFC

The panel decision in this case reads recent Supreme Court precedent to create an existential threat to patent protection for an array of meritorious inventions. It avowedly …
By Thomas Goldstein
2 years ago 4

BIO, PhRMA lobby for IPR fix to insulate their patents from challenge

Greenwood and Castellani will have two major problems as they seek relief. First, the IPR provisions do not include a standing requirement, which means that anyone can …
By Gene Quinn
2 years ago 7

Thoughts on Ex parte Khvorova

Ex parte Khvorova is the first PTAB decision on patent eligibility in the life sciences. Until now, the PTAB has been remarkably silent on eligibility in life …
By Sue D. Nym
2 years ago 9

Trends in Subject Matter Eligibility for Biotechnology Inventions

The USPTO continues to issue patents related to biotechnology and organic chemistry inventions despite the Supreme Court rulings and USPTO guidelines implementing the ruling related to the …
By Gaudry, Grab & McKeon
2 years ago 1

Can Diagnostics Companies Afford to Provide Ebola Testing?

In a least one instance, a major laboratory test provider has indicated (in confidence) that it would not be entering the Ebola testing market for three principle …

Australia Court Says Isolated DNA Patent Eligible, Slams SCOTUS

On the very same day that the U.S. jobs report shows unexpectedly weak growth, the Federal Court of Australia issued a ruling directly opposite to the …
By Gene Quinn
3 years ago 30

When Patents Aren’t Enough: The Case for Data Exclusivity for Biologic Medicines

Although complementary, patents and data exclusivity protection incentivize innovation in different ways and serve distinct purposes. Patents provide protection for innovations that meet the standards of patentability …
By Dr. Kristina Lybecker
3 years ago 1