2010-07-19T00:00:00-07:00 http://www.fenwickwest.com/rss/Default.asp http://www.fenwick.com/docstore/Publications/IP/07-19-10_Patent_Strategy_for_Personalized_Medicine_Bilski.pdf 2010-07-19T00:00:00-07:00 2010-07-19T00:00:00-07:00

Advanced medical diagnostics, such as those that use information derived from multiple genetic variations or biomarker expression levels, certainly fall within the scope of patentable subject matter, according to the guidance provided by the Bilski decision. Significant investment is required to develop and market complex personalized medicine diagnostics that prognose risk or outcome based on a number of genetic or biological markers. Such methods do not preempt any basic law of nature because alternative predictive models can be developed using different sets of markers. Consequently, they should not be subject to § 101 rejections under current law.

http://www.fenwick.com/docstore/Publications/IP/Patent_Alert_06-28-10.pdf 2010-06-28T00:00:00-07:00 2010-06-28T00:00:00-07:00

The Bilski case presented the Supreme Court with an opportunity to eliminate business methods from the scope of patentable subject matter

http://www.fenwick.com/docstore/Publications/Tax/Tax_Alert_04-07-10.pdf 2010-04-07T00:00:00-07:00 2010-04-07T00:00:00-07:00

The enactment on March 23, 2010 of the Patient Protection and Affordable Care Act of 2010 established a 50% nonrefundable tax credit for qualified investments in qualifying therapeutic discovery projects of eligible taxpayers.

http://www.fenwick.com/docstore/Publications/IP/Managing_the_Bilski_Risk.pdf 2010-01-13T00:00:00-07:00 2010-01-13T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/Patent_Pools.pdf 2009-12-03T00:00:00-07:00 2009-12-03T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/2009-09-02_Ariad_Written_Description.pdf 2009-09-02T00:00:00-07:00 2009-09-02T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/LifeSciences/An_Unclear_Diagnosis.pdf 2009-07-24T00:00:00-07:00 2009-07-24T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/vcsurvey/2008_Lifesciences_VC_Survey_F.pdf 2009-03-16T00:00:00-07:00 2009-03-16T00:00:00-07:00

The results of our fifth annual San Francisco Bay Area Life Science Venture Capital Valuation Survey...

http://www.fenwick.com/docstore/Publications/IP/2009-03-16_In_re_Bilski.pdf 2009-03-16T00:00:00-07:00 2009-03-16T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/IP/2009-03-16_In_re_Bilski.pdf 2009-03-16T00:00:00-07:00 2009-03-16T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/vcsurvey/2007_Lifesciences_VC_Survey.pdf 2008-03-19T00:00:00-07:00 2008-03-19T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/LifeSciences/Perspective_Patents_MedImmune.pdf 2007-08-31T00:00:00-07:00 2007-08-31T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-30-07.pdf 2007-07-30T00:00:00-07:00 2007-07-30T00:00:00-07:00

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)

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_01-10-07.pdf 2007-01-10T00:00:00-07:00 2007-01-10T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/LifeSciences/2005_Trends_Partnering.pdf 2006-03-28T00:00:00-07:00 2006-03-28T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/LifeSciences/Disclosure_Issues.pdf 2006-03-07T00:00:00-07:00 2006-03-07T00:00:00-07:00

Life sciences companies face difficult disclosure issues because they operate in a particularly complex and financially sensitive regulatory environment.

http://www.fenwick.com/docstore/Publications/IP/university_licensing.pdf 2006-01-03T00:00:00-07:00 2006-01-03T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/follow-on.pdf 2005-11-11T00:00:00-07:00 2005-11-11T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/Authorized_Generics.pdf 2005-11-03T00:00:00-07:00 2005-11-03T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_09-30-05.pdf 2005-09-30T00:00:00-07:00 2005-09-30T00:00:00-07:00

A major modernization of federal regulations that apply to registered securities offerings takes effect December 1, 2005.

http://www.fenwick.com/docstore/Publications/Corporate/IP_Strategy_&_Practices.pdf 2004-11-18T00:00:00-07:00 2004-11-18T00:00:00-07:00

This paper is based on a presentation made at the Asia America Multitechnology Association ("AAMA") Conference on October 8, 2004.

http://www.fenwick.com/docstore/Publications/Corporate/China_Global_Power.pdf 2003-12-05T00:00:00-07:00 2003-12-05T00:00:00-07:00

There are a number of dimensions in becoming a global power.

http://www.fenwick.com/docstore/Publications/IP/Patent_Licensing.pdf 2003-01-01T00:00:00-07:00 2003-01-01T00:00:00-07:00

Virtually all high technology companies rely on licenses to achieve their business goals.