Skip Ribbon Commands
Skip to main content

Biotech Buzz

:

Quick Launch

 

AIPLA Logo.jpg 

Biotechnology
March 14
March 2018 Biotech Buzz

March 2018
 
 
Dear Members of the Biotech Committee—We’re looking forward to the all-Members teleconference on March 15, 2018 at noon EDT: “Biotechnology Committee All Members Teleconference:  The Ideas of March 2018.”  Click here for the announcement page with more info.   It will be great to touch base and brainstorm with you on how we can make the Committee even better!  We’re also excited about the next BCP Partnership meeting on March 22 (see more under the USPTO Relations subcommittee, below).  Please also see this month’s Featured Member’s spotlight on John Peterson, below
 
If you have any recommendations for programs and resources you’d like to see offered, or would like to get more involved in the Committee, feel free to send an e-mail to any of Committee Leaders.
 
Buzz Editor –Vicki G. Norton
 
Vice Chair Nicholas Landau:
Nick Landau writes about the Biotech Committee’s involvement in the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources (ICIPGR), Traditional Knowledge and Folklore, and efforts to negotiate an amendment to the TRIPS agreement provisions on “traditional knowledge” and “genetic resources.” more
USPTO Relations Carla Mouta-Bellum
The USPTO’s next Biotechnology, Chemical and Pharmaceutical Customer Partnership (BCP) Meeting will be held on March 22, 2018 in the USPTO Headquarters (Alexandria, VA), with online participation available.  More information can be found on the Biotechnology Committee announcement page. more
Issues Leader’s Notes Kristin A. Connarn
Biotech Litigation – Bryan Diner, Patrice Jean and Laura Smalley
Laura Smalley reports on the Patent Trial and Appeal Board finding that Celltrion failed to establish the
unpatentability of Genentech’s Rituxan method patent. more
Carla Mouta reports on the USPTO Memorandum reacting to the Federal Circuit’s decision in Amgen v Sanofi, which weakens (at the very least) the antibody exception. more
            Diagnostics & Gene Patenting Subcommittee – John E. Peterson and Charles W. Calkins
Tony Sanny reports on the $27M jury award to Illumina in its enforcement of claims against Ariosa. more
 
International – David Read and Trevor Davies

   Tony Shaw and Trevor Davies report on a decision by the Federal Court of Australia holding that genetic testing    remains patentable in Australia. more

Regional/Social Alice Martin
Stay tuned for more details for the upcoming happy hour event at the Spring Meeting in Seattle. 
 
MEMBER SPOTLIGHT:  John “Jack” Peterson
Jack notes:  I am a patent attorney with over 20 years of experience, first as outside counsel at major law firms in San Diego, California then later as an in-house attorney at a San Diego-based clinical diagnostics company, recently acquired by the world's leading health care diagnostics company.
 
My bioscience related Ph.D. enables me to work with and understand the scientists who drive the innovation so important to our industry.  In the office, I split my time pretty evenly between protecting innovation through patent procurement, enabling the commercialization of innovation through patent licensing, and protecting the investment in innovation through the enforcement of patent rights.   
 
On the AIPLA front, I look forward each year to the AIPLA Annual Meeting in Washington DC, as it allows me to connect in person with all my biotechnology subcommittee co-chairs, meet new and interesting IP attorneys, and reconnect with old friends. I was motivated to become co-chair of the Diagnostics and Gene Patenting Subcommittee of the AIPLA Biotechnology Committee by the tremendous and not altogether favorable changes in patent subject matter eligibility requirements imposed on all of us (and the Patent Office) by the courts.  Patents with incredible value overseas are now worthless in the United States.  The Diagnostics and Gene Patenting Subcommittee will continue to report important cases and will advocate for patent reform on behalf of AIPLA members through the efforts of the AIPLA Biotechnology Committee.  On a lighter note, in the three years that I have served as subcommittee co-chair, I have come to learn that I enjoy moderating panel discussions at AIPLA events, having moderated a panel discussion at the AIPLA Spring 2017 conference and another online.    
 
Time not spent at work or with the AIPLA is spent with family and close friends.
 
-- Jack
 
 
 
 
February 14
February 2018 Biotech Buzz
February 2018

Dear Members of the Biotech Committee—Join us for our next all-Members teleconference on March 15, 2018 at noon EDT: “Biotechnology Committee All Members Teleconference:  The Ideas of March 2018.”  Click here for the announcement page with more info.   We’re excited to have this opportunity to highlight Committee activities and explore topics and projects of interest to you.  If you have any recommendations for programs and resources you’d like to see offered, or would like to get more involved in the Committee, please let us know on the call, or feel free to send an e-mail to any of Committee Leaders.   

  
Other Upcoming events feature the next BCP meeting, tentatively planned for March 22, 2018.  In addition, at the upcoming Spring Meeting 2018 in Seattle, we’re looking forward to partnering with the International and Foreign Law, IP Practice in China, and the IP Practice in Latin America Committees to present Growing, Growing, Gone”—a CLE program which addresses the latest IP and ethical hurdles for obtaining worldwide patent coverage on living organisms.  Our panel of experts from the U.S. (Alice Martin), Europe (Colm Murphy), Asia (Weiwei Han), Latin America (Cristian Bittel) and Canada (Daphne Lainson) will report on the latest IP developments and provide their insights on patenting technologies such as genetically engineered organisms, and human cells.
 
Buzz Editor –Vicki G. Norton
Vice Chair Nicholas Landau:
USPTO Relations Carla Mouta-Bellum
·   At the next BCP meeting (tentatively scheduled for March 22, 2018), Carla Mouta-Bellum will provide a practitioners perspective on 103 and overcoming 103 rejections at the next BCP meeting, and Reggie Gaudino will provide insights on utility plant patents, including the written description requirement
·   Ben Borson reports on Berkheimer v. HP and its implications for life science practitioners. more
Issues Leader’s Notes Kristin A. Connarn
Biosimilars – Kristin Connarn and Laura Smalley
·   Melissa Pytel reports on the European Patent Office’s revocation of a CRISPR patent filed by the Broad Institute.  more
Biotech Litigation – Bryan Diner and Patrice Jean
·   Laura Smalley reports on the Federal Circuit’s recent decision in Amgen v. Sanofi, in her article on “Claiming Antibodies: Will the Federal Circuit Conclusively Jettison the “Newly Characterized Antigen” Test?” Is Post-Priority Date Evidence of Particular Species Relevant to Whether the Patent Satisfies the Written Description Requirement? more 
·  Laura Smalley also reports on the Federal Circuit’s conflicting guidance on apportionment and the proper royalty base in Finjan v. Blue Coat Systems, and Exmark Manufacturing v. Briggs & Stratton Power Products Group. more
International – David Read and Trevor Davies
·   Erich Fritsche reports on new developments at the EPO regarding patents on plants and animals.  more
FEATURED MEMBER’S SPOTLIGHT
This month’s Member Spotlightis on Melanie Szweras, Partner, Bereskin & Parr LLP.   Melanie is one of the Sub-Chair of the AIPLA Biotechnology Committee’s Case Law Review Subcommittee and a long-standing member of AIPLA. 
 
MEMBER SPOTLIGHT:  MELANIE SZWERAS, Partner at Bereskin & Parr LLP
 
Melanie notes:   Life in the Life Sciences lane is never dull – no two days are alike. After graduating with a Ph. D. in genetics in 2000 I discovered the intellectual property side of the bio and pharma industry and never looked back.
 
As an Ontario lawyer, and a patent agent in Canada and the US, I work alongside some of the world’s leading inventors drafting, filing and defending patents that impact how we live - from ensuring the safety and quality of our food to the innovative treatments of diseases. Doing both prosecution and litigation provides interesting challenges and I am often called upon to act as “interpreter” between the language of science and the language of law. Most days, I get to indulge my passion for continuous learning so it never seems like “work” to me.
 
I always encourage people to get involved in their professional community - it is a wonderful way to develop a broader and deeper understanding of our environment. My prior term as Chair of IPIC’s Biotech Patent’s Committee certainly enriched my perspective. I have attended the AIPLA annual meetings for more than eight years now and each time I have enjoyed meeting old and new colleagues from different backgrounds and discussing the successes and challenges of our industry. My current role as one of the sub-Chairs of AIPLA’s Case Law Review Subcommittee (Biotechnology) allows me to help others stay on top of what’s happening and the potential impact on client outcomes.
 
On a personal note I am an unabashed foodie who likes to experience the local cuisine wherever we travel as a family - so far no objections received from my husband or two teenage children!
 
 --Melanie
January 19
January 2018 Biotech Buzz

Members of the Biotechnology Committee – You can view the latest issue of the Biotech Buzz below and access detailed information by clicking the names and other hyperlinks.  The more links below download the given article.  Click here to download the entire Biotech Buzz as a pdf file.
If you want to be active in the committee, click here  and indicate your interests, ideas, and contact information in your email. Alternatively, contact the Leader and Sub-Chair(s) of the particular subcommittee of interest.
  
January 2018
Dear Members of the Biotech Committee—Looking forward to the 2018 Midwinter meeting next week in sunny California (see Vice Chair Nick Landau’s and Community Leader Alice Martin’s announcements about the CLE program and the planned social event, below). 
Upcoming events include the next BCP meeting, tentatively planned for March 2018.  If you have any suggestions for topics of discussion please click on the envelope next to my name and email them to me. 
Also, see this month’s Featured Member’s spotlight on Melissa Pytel, below.
Vice Chair’s Notes – Nick Landau  
The Midwinter Institute Is Around the Corner—with Social and CLE!
Join the Biotech and Trademark Committees on Friday, Jan. 26 from 3:45-5:45 for a timely 2-hour CLE session on IP issues for the growing cannabis industry, “NOT JUST BLOWING SMOKE: THE PITFALLS AND OPPORTUNITIES FOR PROTECTING IP IN THE EMERGING U.S. CANNABIS INDUSTRY,” featuring Kristin Connarn moderating a panel of distinguished experts, including Reggie Gaudino, CSO of Steep Hill Labs, Kieran Doyle, from Cowan, Liebowitz & Latman, P.C., and Katherine Koenig from CHRISTOPHER & WEISBERG, P.A.  Please also join us for the Social event on Thursday.
Services Leader Carla Mouta
·        Ben Borson reports on Genzyme Corporation v. Dr. Reddy’s Laboratories Ltd. more
Issues Leader – Kristin Connarn
·        Laura Smalley reports on the Amgen v. Sandoz Filgrastim and Pegfilgrastim Litigation: The Federal Circuit rules that state law claims are preempted, and the district court dismisses Amgen’s infringement claims  more
Community Leader –Alice Martin
·        Please join us for the AIPLA BIOTECHNOLOGY COMMITTEE NO HOST SOCIAL THURSDAY JAN. 25, 2018, from 5-7 PM:  MEET IN THE TWENTY6 RESTAURANT BAR AT THE LA QUINTA RESORT (see below) - LOOK FOR THE AIPLA SIGN
 
FEATURED MEMBER’S SPOTLIGHT
This month’s Member Spotlightis on Melissa Pytel, Of Counsel at Medler Ferro Woodhouse & Mills.   Melissa is a long-standing attendee of AIPLA Annual Meetings and a recent volunteer on the Biosimilar Subcommittee of the Biotechnology Committee. 
 
MEMBER SPOTLIGHT:  MELISSA PYTEL, Of Counsel at Medler Ferro Woodhouse & Mills
Melissa notes:   I am a patent attorney with over 20 years of experience, both as an in-house attorney at a biopharmaceutical company and as outside counsel at boutique patent law firms.  I have a graduate degree in biochemistry and the focus of my practice has been in the areas of large and small molecule pharmaceuticals and medical devices.
 
Over the course of my practice I have regularly attending the AIPLA annual meeting in Washington DC, for the networking opportunities as well as the informative program sessions.  I recently decided to increase my involvement with AIPLA and become a member so that I could actively participate in the organization to help myself and others understand and influence the laws and policies that impact our clients and our world.
 
I joined the Biotech committee because Biotech patent law is an incredibly dynamic field.  Recent Supreme Court decisions and the implementation of new policies by the USPTO have greatly changed the practice of biotech patent law as has recent legislation in the area of biosimilars.  In this evolving environment, the AIPLA is an important resource and advocate for clients that rely on intellectual property to support their business objectives. 
 
When I am not practicing law, I enjoy traveling, cooking, yoga and biking. 
 --Melissa
December 12
December 2017 - Biotech Buzz

 December 2017

 
 
Dear Members of the Biotech Committee—Lots of EXCITING news this month.  First, we’re kicking off the first installment of a new, recurring Member SpotlightFeature, as a way of introducing you to your fellow Committee members.  This month’s spotlight is on Vlad Drozdoff, Chief Patent Counsel at Cold Spring Harbor Laboratory, where he works in Technology Transfer and Business Development.   Vlad is a long-standing member of the Biotechnology Committee (over 10 years), where he serves as the co-subchair of the Tech Transfer and Licensing Subcommittee. 
 
MEMBER SPOTLIGHT:  VLAD DROZDOFF
 
Vlad notes:   I’ve been at CSHL for almost 10 years.  And over this time, I’ve had the good fortune of working in an intellectually stimulating and challenging place, supporting our efforts to make a positive impact on society and the public with the science and technology our investigators develop.   Working in a small, lean department, I often have many hats on.  But all under the general umbrella of helping my department work effectively as business agents for our scientists. Day to day, it’s always something different, which means the work rarely gets stale.  My role in all this ranges from managing IP, from a strategic level down to nuts and bolts drafting, providing legal support to our business development team and grants office, and also on the business side, working with our spin-out companies and our institutional and commercial partners.  What I can count on - an exciting and challenging mix of law, business and cutting edge science.
 
I’ve been attending AIPLA annual meetings, and have been on the Biotechnology Committee and Tech Transfer and Licensing subcommittee pretty much since I came to CSHL.  Probably the most valuable part of my involvement has been the opportunity to better understand and appreciate the different perspectives and challenges of those I interact with professionally outside of CSHL, and the chance to exchange ideas, advice and strategy on dealing with these challenges.  This has been especially valuable to me in being able to work effectively with outside organizations.
 
Outside of the AIPLA and CSHL, you will most likely find me on my Peloton, on a volleyball court or when I’m lucky enough, skating into the sun on a Nordic ski trail on some perfectly waxed, fast carbon core skis. --Vlad
 
 
Second, we’re eagerly anticipating the Midwinter Meeting next month, where the Biotech Committee is joining with the Trademark Committee to provide a 2-hour CLE session on IP issues for the growing cannabis industry, “NOT JUST BLOWING SMOKE: THE PITFALLS AND OPPORTUNITIES FOR PROTECTING IP IN THE EMERGING U.S. CANNABIS INDUSTRY.”  As federal and state governments battle it out over the legality of plants of the genus Cannabis for medical and recreational purposes, businesses in decriminalized states find themselves in a bind when it comes to the largely federal body of intellectual property law.  Issues Leader Kristin Connarn will moderate the panel of distinguished experts, including Reggie Gaudino, the Chief Science Officer of Steep Hill Labs, Kieran Doyle, from Cowan, Liebowitz & Latman, P.C., and Katherine Koenig from CHRISTOPHER & WEISBERG, P.A.
  
We’re also planning a happy hour/reception at the Midwinter meeting, with more details to follow.
 
If you have any suggestions, please feel free to send an e-mail to any of Committee Leaders by using the Leader’s email icon or send an email to all of us by clicking the envelope:  
 
Buzz Editor –Vicki G. Norton
 
Vice Chair Nicholas Landau
 
 
Issues Leader’s Notes Kristin A. Connarn
           Diagnostics & Gene Patenting SubcommitteeJohn E. Peterson and Charles W. Calkins
Mark Pidkowich and Thuy Nguyen report on The Canadian Intellectual Property Office’s problematic guidelines for Examination Practice Respecting Medical Diagnostic Methods ("PN 2015-02"), introduced in the summer of 2015.  While Canadian jurisprudence has yet to develop in the face of these guidelines, their implementation by examiners has begun to be better understood.  more
Ben Mahon reports on application of sovereign immunity to IPR proceedings in Covidien LP v. University of Florida Research Foundation Inc.  more
We’re planning a Happy Hour/Reception at the Mid-Winter meeting (stay tuned for details). 
  
November 13
November 2017 - Biotech Buzz

 BIOTECH BUZZ

November 2017
 
 
Dear Members of the Biotech Committee—As the new Chair of the Committee, I wanted to highlight how much the Leaders of the Committee are looking forward to continuing to working with you to make the Biotech Committee one of the most active, vibrant Committees at AIPLA.  As before, our goal is to serve as a value-added resource and forum for the Biotech IP Community.  If you have any recommendations for programs and resources you'd like to see offfered, or would like to get more involved in the Committee, feel free to send an e-mail to any of Committee Leaders.   
 
Buzz Editor –Vicki G. Norton
 
Vice Chair Nicholas Landau:
 
USPTO Relations Carla Mouta-Bellum
Carla Mouta-Bellum reports on the November 6 2017 BCP meeting more
 
Issues Leader’s Notes Kristin A. Connarn
Biosimilars – Kristin Connarn
Melissa Pytel reports on a letter from lawmakers urging USDA, FDA and EPA to Adopt a “Consistent, Science-Based” Approach to Regulating  Biotechnology more
Kristin Connarn reports that FDA’s naming convention rules for biosimilars and their biologic reference products’ names have been in place for ten           months but are not being applied more
Biotech Litigation – Bryan Diner, Patrice Jean and Laura Smalley
Laura Smalley reports on the Federal Circuit’s Denial of Writ of Mandamus Requesting Discovery of Non-Listed Patents under the Biologics Price Competition and Innovation Act, in Amgen v. Hospira more
           Diagnostics & Gene Patenting Subcommittee – John E. Peterson and Charles W. Calkins
John E. Peterson and Charles W. Calkins report on Athena v Mayo, a recent decision from D. Mass., holding that a method claim which the court held was directed to non-patentable subject matter is not “saved” by virtue of the use of a non-naturally occurring protein, such as radioactively labeled antibody or labeled antigen which make it possible to detect the presence or absence of antibody-antigen complexes, which are indicative of a diseased state.  The fact that antibodies and antigens labeled with radioactive iodine are not found in nature was deemed insufficient to transform the subject matter of the claim into patentable subject matter.  The case is presently on appeal to the CAFC more
Genetic Resources Subcommittee  – Debora Plehn-Dujowich, David Read and Holger Tostmann
Debora Plehn-Dujowich reports on AIPLA’s Statement made at the 2017 WIPO General Assembly Regarding Mandatory Disclosure Requirement for Genetic Resources and/or Traditional Knowledge in Geneva, Switzerland, October 2-11, 2017 more
Trade Secrets Subcommittee  – Noel Courage
 Noel Courage reports on International enforcement of trade secrets more
The social gathering during the Annual Meeting with the Electronic and Computer Law, Emerging Technologies and Food and Drug
Committees following the joint CLE program was a huge success, with great food and a standing room only.  Thanks again to our sponsors, and we look forward to seeing you at the get-together at the Mid-Winter meeting (stay tuned for details). 
 
 
October 02
September 2017 - Biotech Buzz

Members of the Biotechnology Committee – You can view the latest issue of the Biotech Buzz below and access detailed information by clicking the names and other hyperlinks.  The more links below download the given article.  Click here to download the entire Biotech Buzz as a pdf file.
 
If you want to be active in the committee, click here  and indicate your interests, ideas, and contact information in your email.  Alternatively, contact the Leader and Sub-Chair(s) of the particular subcommittee of interest.
 
September 2017
 
ANNOUNCEMENT:
 
·         Registration is open for the AIPLA Annual Meeting in DC.  To register please click HERE. 
·         Please see announcement below under “Regional/Social” for details on a Social Gathering to be held on Thursday October 19th at the Annual Meeting at Harry’s Pub in the Marriott from 5:30-7:30 pm.
 
Buzz Editor – Debora Plehn-Dujowich and Vicki Norton
 
Vice Chair Vicki Norton: The Federal Circuit Rejects the E.D. Texas District Court’s Flexible Post-TC Heartland Approach To Determining Venue, Ordering Transfer in In Re: Cray In Re Cray more  
 
Issues Leader’s NotesNicholas Landau
Biotech Litigation – Bryan Diner, Patrice Jean and Laura Smalley
Laura Smalley reports on In re Stepan Co. more
High Tech Biotech –Adrian Zahl
Daniel A. McKinley reports on Bioinformatics Inventions – Treatment Under Australian and New Zealand Patent Law more
 
Alice Martin reports that there will be a social gathering during the Annual Meeting on Thursday October 19 from 5:30-7:30 pm ET at Harry’s Pub in the Marriott more
David Read of Bartle Read IP reports on a position proposal by the European Commission on intellectual property rights post-Brexit more
Claire Gregg of Allens Patent & Trade Mark Attorneys reports on an Australian Full Federal Court decision that finds "Swiss-style" claims are not available for patent term extension more
Claire Gregg of Allens Patent & Trade Mark Attorneys reports on Australia's unique statutory 'best method' requirement that continues to get the better of patent applicants and patentees more
 
 
 
Feel free to send comments and recommendations to a Committee Leader using the Leader’s email icon or send an email the Chair, Vice Chair, and all Leaders by clicking the envelope: .
The Fine Print: These materials are public information and have been prepared solely for educational and entertainment purposes to contribute to the understanding of intellectual property law. These materials reflect only the personal views of the authors and are not a source of legal advice. It is understood that each case is fact specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, the authors and their organizations cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with the authors or their organizations. While every attempt was made to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.
 
 
August 30
August 2017 - Biotech Buzz

Members of the Biotechnology Committee – You can view the latest issue of the Biotech Buzz below and access detailed information by clicking the names and other hyperlinks.  The more links below download the given article.  Click here to download the entire Biotech Buzz as a pdf file.
 
If you want to be active in the committee, click here  and indicate your interests, ideas, and contact information in your email.  Alternatively, contact the Leader and Sub-Chair(s) of the particular subcommittee of interest.
 
August 2017
 
ANNOUNCEMENT:
 
·         Registration is open for the AIPLA Annual Meeting in DC.  To register please click HERE.  Please stay tuned for info on a joint Happy Hour with the Food and Drug Committee!
 
Buzz Editor – Debora Plehn-Dujowich and Vicki Norton
 
 
Carla Mouta-Bellum reports on upcoming webinars including one on September 20 entitled “Biotech and Emerging Technologies” which will be a reprise of the Spring Meeting panel more
 
Issues Leader’s NotesNicholas Landau
Biotech Litigation – Bryan Diner, Patrice Jean and Laura Smalley
Laura Smalley reports on Federal Circuit Addresses Obviousness under the Lead Compound Analysis in Holding that Velcade® Patent is not Obvious more
 
Janice Galvad and Ramon Pereira of Adams & Adams provide a review of the legislative landscape in South Africa relating to Traditional Knowledge (TK) and comment on the draft TK Bill more
Robin Bartle of Bartle Read reports on a significant decision by the UK’s Supreme Court establishing a doctrine of equivalents for the interpretation of claim language more
Beatriz San Martin, Nicole Jadeja and Hannah Smith-Willis report on The Future for European Supplementary Protection Certificates – is it in the balance? more
Holger Tostmann of Wallinger Ricker Schlotter Tostmann reports on “Early Certainty from Examination”-Initiative of European Patent Office Complicates Life Sciences Patent Prosecution in Europe more
 
 
 
Feel free to send comments and recommendations to a Committee Leader using the Leader’s email icon or send an email the Chair, Vice Chair, and all Leaders by clicking the envelope: .
The Fine Print: These materials are public information and have been prepared solely for educational and entertainment purposes to contribute to the understanding of intellectual property law. These materials reflect only the personal views of the authors and are not a source of legal advice. It is understood that each case is fact specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, the authors and their organizations cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with the authors or their organizations. While every attempt was made to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.
August 30
July 2017 - Biotech Buzz

Members of the Biotechnology Committee – You can view the latest issue of the Biotech Buzz below and access detailed information by clicking the names and other hyperlinks.  The more links below download the given article.  Click here to download the entire Biotech Buzz as a pdf file.
 
If you want to be active in the committee, click here  and indicate your interests, ideas, and contact information in your email.  Alternatively, contact the Leader and Sub-Chair(s) of the particular subcommittee of interest.
 
July 2017
 
ANNOUNCEMENT:
 
·         I will be attending the 2017 WIPO General Assembly in Geneva, Switzerland in October as AIPLA’s representative on the topic of Genetic Resources and Traditional Knowledge.  Please see my article below under the Genetic Resources Subcommittee heading for more info.
·         Registration is open for the AIPLA Annual Meeting in DC.  To register please click HERE. 
 
Buzz Editor – Debora Plehn-Dujowich and Vicki Norton
 
 
Adda C. Gogoris reports on Mylan Institutional LLC v. Aurobindo Pharma Ltd. more
Joan Wang reports on Emerachem Holdings, LLC v. Vokswagen Grp. Of Am., Inc. more
Carla Mouta-Bellum reports on upcoming webinars including one on August 15 entitled “Biotech IPRs: What have we learned?” and one on September 20 entitled “Biotech and Emerging Technologies” which will be a reprise of the Spring Meeting panel more
 
Issues Leader’s NotesNicholas Landau
Biotech Litigation – Bryan Diner, Patrice Jean and Laura Smalley
Noel Courage and Melanie Szweras report on Canada’s Supreme Court Moves Utility Test Back Towards the US and European Standards more
Genetic ResourcesDebora Plehn-Dujowich, Holger Tostmann and David Read
Debora Plehn-Dujowich reports on the upcoming 2017 General Assembly at WIPO and the discussion regarding genetic resources and traditional knowledge more
 
 
 
Feel free to send comments and recommendations to a Committee Leader using the Leader’s email icon or send an email the Chair, Vice Chair, and all Leaders by clicking the envelope: .
The Fine Print: These materials are public information and have been prepared solely for educational and entertainment purposes to contribute to the understanding of intellectual property law. These materials reflect only the personal views of the authors and are not a source of legal advice. It is understood that each case is fact specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, the authors and their organizations cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with the authors or their organizations. While every attempt was made to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.
 
June 26
June 2017 - Biotech Buzz

Members of the Biotechnology Committee – You can view the latest issue of the Biotech Buzz below and access detailed information by clicking the names and other hyperlinks.  The more links below download the given article.  Click here to download the entire Biotech Buzz as a pdf file.
 
If you want to be active in the committee, click here  and indicate your interests, ideas, and contact information in your email.  Alternatively, contact the Leader and Sub-Chair(s) of the particular subcommittee of interest.
 
June 2017
 
ANNOUNCEMENT: The next BCP meeting will be on August 2, 2017—for more info please see the announcement below by Suzannah Sundby under the USPTO Relations Subcommittee heading. 
 
Buzz Editor – Debora Plehn-Dujowich and Vicki Norton
 
 
 
USPTO Relations Suzannah Sundby and Ron Kamis
Suzannah Sundby Announcement: The next Biotechnology, Chemical, and Pharmaceutical Partnership Meeting will be held on August 2, 2017, from NOON to 5:00 PM EDT at the USPTO headquarters in Alexandria, VA and the Silicon Valley Regional Office.  More details to follow.  However, the proposed itinerary will primarily be on 101 (in)eligibility.  Thus, remember Happy Hour after at the Trademark Bar (Alexandria, VA), we will all probably need it.
Carla Mouta-Bellum reports on upcoming webinars including one on August 15 entitled “Biotech IPRs: What have we learned?” and one on September 20 entitled “Biotech and Emerging Technologies” which will be a reprise of the Spring Meeting panel more
 
Issues Leader’s NotesNicholas Landau
Kristin Connarn reports on Draft Biosimilar Interchangeability Guidance from FDA more
Biotech Litigation – Bryan Diner, Patrice Jean and Laura Smalley
Laura Smalley reports on Supreme Court Interprets the Biologics Price Competition in favor of Biosimilar Applicants more
Luke H. MacDonald, Ph.D., Li Feng, Ph.D. and Carla Mouta-Bellum, Ph.D., report on the Federal Circuit Considers the “Newly Characterized Antibody” Test in Amgen v Sanofi but Might Pass on a Ruling more
Mridula P. Sherin reports on In re U.S. Water Services Inc. more
 
Trade Secrets Noel Courage
Noel Courage and Nick Aitken report on Recent Cases Illustrate Civil vs Criminal Consequences for Taking Trade Secrets more
 
 
 
Feel free to send comments and recommendations to a Committee Leader using the Leader’s email icon or send an email the Chair, Vice Chair, and all Leaders by clicking the envelope: .
The Fine Print: These materials are public information and have been prepared solely for educational and entertainment purposes to contribute to the understanding of intellectual property law. These materials reflect only the personal views of the authors and are not a source of legal advice. It is understood that each case is fact specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, the authors and their organizations cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with the authors or their organizations. While every attempt was made to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.
 
 
January 23
January 2017 - Biotech Buzz

Members of the Biotechnology Committee – You can view the latest issue of the Biotech Buzz below and access detailed information by clicking the names and other hyperlinks.  The more links below download the given article.  Click here to download the entire Biotech Buzz as a pdf file.

 

If you want to be active in the committee, click here  and indicate your interests, ideas, and contact information in your email.  Alternatively, contact the Leader and Sub-Chair(s) of the particular subcommittee of interest.

 

 BIOTECH BUZZ

January 2017

 

Chair’s NotesDebora Plehn-Dujowich:

ANNOUNCEMENT:

 

AIPLA Annual Mid-Winter Institute Social Gathering

Thursday, February 2, 2017

5:00-7:00 p.m.

Sea Level Bar

Marriott Harbor Beach Resort & Spa

 

REMINDER: 2017 Mid-Winter Institute—Please join us for a CLE panel with the Food and Drug Committee:

The theme for the MWI is “AIPLA TAPAS – Savory and Sweet Bites of Advanced IP Law and Practice.” In keeping with the theme, here are the presentations that we are planning:

 

Speakers:

Jeffrey Totten (Finnegan) will present: 3D Printing Menu – Tissues, Organs and Medical Devices

Irena Royzman (Patterson) will present: When Shall Means Shall: Lessons from Two Years of Biosimilar Litigation

Daphne Lainson (Smart & Biggar) will present: Clearly Canadian – Claim Drafting in view of Hatch-Waxman and Patenting Medicines Regulations

Matthew A. Pearson (Akin Gump) will present: Stay for Dinner – IPR stays during Hatch-Waxman cases

 

 

Moderator:

Malaika Tyson (McAndrews)

 

Buzz Editor – Debora Plehn-Dujowich and Vicki Norton

Microsite Master John Marquardt

Vice ChairVicki Norton:   more 

Services Leader’s NotesCarla Mouta

Case Law Reviews Melanie Szweras and Emily Curtis

D. Benjamin Borson, M.A., J.D., Ph.D. reports on In re Marcel van Os more

Webinars Carla Mouta

Carla Mouta reports on the upcoming January 24 webinar on Section 101 guidelines with June Cohan from the USPTO and Suzannah Sundby  more

 

 

Issues Leader’s NotesNicholas Landau

Announcement from Issues Leader Nick Landau – Volunteers Needed for various Biotech Committee positions more

Biosimilars – Lynn Tyler and Kristin Connarn

Kristin Connarn reports on FDA Guidance on Clinical Pharmacology Data Needed to Support Biosimilars more

Biotech Litigation – Bryan Diner, Patrice Jean and Laura Smalley

Laura Smalley reports on Supreme Court Agrees to Hear Case Regarding the Biologics Price Competition and Innovation Act of 2009 in Amgen v. Sandoz more

Carla Mouta, Ph.D., reports on Amgen’s Sweet Spot Sends Praluent Out of the Market: is the “Well-Characterized Antigen” Doctrine Supported by its Discovery? more

Plant Biotech Alice Martin and Mark Pidkowich

Sally Hemming and Mark Pidkowich report on Canada’s Patent Appeal Board Rejects Monsanto’s Claims to Use of Plants with a Specified Genotype in the Production of an Advantageous Seed Mix more

Tech Transfer & Licensing – Eric Mirabel, Vladimir Drozdoff and Ypsita Demunshi

Eric Mirabel and Vladimir Drozdoff report on CRISPR Licensing Strategies Offers Insights into Selection of Invalidation Procedures, and other Prosecution Strategies more

Kristin Neuman reports on CRISPR Patent Licensing: An Opportunity to Leverage Experience from Patent Pool Models to Help this Technology Reach its Full Potential more

 

 

Community Leader’s Notes Alice Martin

Regional/Social Debora Plehn-Dujowich and Alice Martin

Alice Martin reports that there will be a social gathering during the Mid-Winter Institute on Thursday February 2nd from 5-7 pm ET at the Sea Level Bar in the Marriott more

 

 

Feel free to send comments and recommendations to a Committee Leader using the Leader’s email icon or send an email the Chair, Vice Chair, and all Leaders by clicking the envelope: .

The Fine Print: These materials are public information and have been prepared solely for educational and entertainment purposes to contribute to the understanding of intellectual property law. These materials reflect only the personal views of the authors and are not a source of legal advice. It is understood that each case is fact specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, the authors and their organizations cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with the authors or their organizations. While every attempt was made to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.

 ​

1 - 10Next