Hans Sauer

Hans Sauer

Hans Sauer is Deputy General Counsel and Vice President for Intellectual Property for the Biotechnology Innovation Organization (BIO), a major trade association representing more than 1,000 biotechnology companies from the medical, agricultural, environmental, and industrial sectors. At BIO, he advises the organization’s board of directors, amicus committee, and various staff committees on patent and other intellectual-property-related matters. Before taking his current position at BIO in 2006, he was chief patent counsel for MGI Pharma Inc. in Bloomington, MN, and senior patent counsel for Guilford Pharmaceuticals Inc. in Baltimore, MD. Mr. Sauer holds a M.S. degree in biology from the University of Ulm in his native Germany, a Ph.D. in neuroscience from the University of Lund, Sweden, and a J.D. degree from Georgetown University Law Center, where he serves as adjunct professor.


Posts by Hans Sauer


Why Helsinn v. Teva Creates Inscrutable Uncertainty About the Scope of Prior Art Instead of Confirming Longstanding Law

To the casual observer, the Supreme Court’s January 23 decision in Helsinn v. Teva may seem like no big deal. In just a few pages of text, …
By Hans Sauer
4 months ago 18

Price Controls and Compulsory Licensing Reduce Patient’s Healthcare Options

Once we go down a path of government price controls and compulsory licensing we will have foregone opportunities for other, more rational policy choices and will soon …
By Hans Sauer
7 months ago 6

Expansion of the Blocking Patent Doctrine: Trading Logic for Gremlins

Since Merck & Co. v. Teva Pharmaceuticals, blocking patent arguments have arisen in the Federal Circuit primarily in the pharmaceutical patent context, and until now have largely been …
By Melissa Brand & Hans Sauer
8 months ago 4

Conjecture and Speculation in Patent Obviousness: Trading Logic for Hindsight

Hindsight bias, the phenomenon that things seem more predictable and obvious after they have occurred, is one of the most widely-studied “decision traps” in psychology... Patent litigation …
By Hans Sauer & Melissa Brand
8 months ago 7

Doubling Down on Double Adjudication – the MerchSource post-issuance review model

Imagine this: you become aware of a patent that might cover your products, so you reach out to the patentee to secure a license agreement. After negotiating …
By Melissa Brand & Hans Sauer
1 year ago 6

Some Observations on Drug Patents – A Response to Arie Michelsohn

Nothing in my own experience leads me to believe that the PTO applies a lower anticipation or obviousness standard to pharmaceuticals, and I expect this would be …
By Hans Sauer
1 year ago 10

The U.S. Government’s Position in ACLU v. Myriad Genetics: Observations on a ‘Waste of Time and Space’

So maybe the Federal Circuit won’t find “preemption” to be useful in deciding this appeal; we’ll know soon enough. I, for one, can’t make …
By Hans Sauer
7 years ago 6