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1/13/2010 Bracing for Change in Patentability for Methods: Strategies for Companies and Venture Capitalists to Manage the Bilski Risk
Four Fenwick attorneys recently attended an oral argument at the U.S. Supreme Court at which justices surprised the patent community by signaling that they likely will cut back on the types of methods that are eligible for patent protection. more
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12/3/2009 Patent Pools in Life Sciences
A patent pool is defined as an arrangement among multiple patent holders to aggregate their patents where all pooled patents are made available to each member of the pool, and standard licensing terms are offered to licensees who are not members of the pool. more
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9/2/2009 Ariad Written Description Ruling Could Significantly Impact Biotech Patents
The fate of many chemical and biotechnology patents will soon depend on the Federal Circuit's interpretation of the first paragraph of section 112 of the Patent Act. more
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7/24/2009 An Unclear Diagnosis
What constitutes patentable subject matter? The tension between the broad language of 35 U.S.C. Section 101 and the limitations of its scope by the courts is playing out in the context of patent eligibility of process claimsy... more
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3/16/2009 2008 Silicon Valley Life Science VC Survey
The results of our fifth annual San Francisco Bay Area Life Science Venture Capital Valuation Survey... more
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3/16/2009 Making Sense of the Revived "Machine-or-Transformation" Test in In re Bilski
On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection... more
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3/16/2009 On Shaky Ground: The (Near) Future of Patents After Bilski
On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection... more
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3/19/2008 2007 Silicon Valley Life Science VC Survey
The results of our fourth annual San Francisco Bay Area Life Science Venture Capital Valuation Survey show a continuation of the positive trend in the life science venture environment. more
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8/31/2007 Perspective: Patents, post-MedImmune
Earlier this year, the Supreme Court shook the foundations of patent licensing and technology transfer, altering the balance of power between patent holders and their licensees and creating profound implications for the life-sciences industry. more
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7/30/2007 Litigation Alert: Integra LifeSciences I, Ltd. v. Merck KGaA—Applying the Supreme Court's Broad Interpretation of the FDA Exemption for Patent Infringement
On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA) more
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1/10/2007 Litigation Alert - Supreme Court Knocks Down Federal Circuit Rule and Allows Licensees to Challenge a Licensed Patent
Yesterday, the Supreme Court ruled in MedImmune v. Genentech that a patent licensee does not need to breach its license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed. more
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3/28/2006 2005 Trends in Life Sciences Partnering and Collaborations
Ten years ago, when a biotech company needed to raise capital, the avenue most frequently sought was the capital markets. Today, rising drug development costs can approach $1 billion, making a biotech's need for capital more intense than ever. more
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3/7/2006 Life Sciences Companies Face Special Disclosure Challenges
Life sciences companies face difficult disclosure issues because they operate in a particularly complex and financially sensitive regulatory environment. more
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1/3/2006 University Licensing: An Introduction to Licensing Technology from Universities
What do Yamaha synthesizers, gene splicing and DSL have in common? They are all based on technology licensed from universities. As these examples show, universities often develop and license new cutting edge technologies. more
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11/11/2005 Follow-on Biological Products—Legal Issues
Many biologics, including blockbusters like Epogen/Procrit, are nearing patent expiration, and generics manufacturers, including Sicor (acquired by Teva), Barr Laboratories, and Ivax Corporation, are hoping to market generic biologics. more
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11/3/2005 Authorized Generics: Antitrust Issues and the Hatch-Waxman Act
An authorized generic (AG) is a pharmaceutical product that was originally marketed and sold by a brand company, but is relabeled and marketed under a generic product name. more
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9/30/2005 Corporate and Securities Law Update - Sweeping New Rules Apply to Securities Offerings by Technology and Life Science Companies
A major modernization of federal regulations that apply to registered securities offerings takes effect December 1, 2005. more
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11/18/2004 Intellectual Property Strategy and Best Practices in China and India Life Sciences Business Transactions
This paper is based on a presentation made at the Asia America Multitechnology Association ("AAMA") Conference on October 8, 2004. more
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12/5/2003 Will China Become a Global Power in Biotech?
There are a number of dimensions in becoming a global power. more
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1/1/2003 Patent Licensing for High Technology and Life Sciences Companies
Virtually all high technology companies rely on licenses to achieve their business goals. more
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