Admin' Post

Notice By Biosimilar Maker To Biologic Originator Is Always Required

July 6th, 2016
Life Sciences/Pharma

By Mary An Merchant, PhD & Richard Timmer

The Court of Appeals for the Federal Circuit (“CAFC”) issued an important ruling today in the ongoing evolution of biosimilar product regulation.  In the ruling today, the CAFC in Amgen Inc., Amgen Manufacturing Limited v. Apotex Inc., Apotex Corp. (CAFC Case No. 2016-1308) affirmed the district court ruling and held that the commercial-marketing provision in 42 U.S.C. § 262(l)(8)(A) is mandatory and enforceable by injunction, even where the biosimilar applicant has triggered the “patent dance” provisions of the BCPOA by providing

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Brexit and EU Privacy

June 28th, 2016
Data Security-Privacy

By Paul Arne

The decision of the United Kingdom to leave the European Union certainly has raised a large number of questions about what things will look like both when and before the dust settles. One issue that will need to be resolved relates to personal privacy. After exit from the EU, will the UK’s laws related to privacy allow personal data to be sent from the EU to the UK? What will the UK require for data transfers to the U.S.?

Currently, protecting the privacy of personal information is mostly governed by the EU’s “Data Directive” (Directive 95/46/EC). 

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What Brexit Means For Patents, Trademarks And Enforcement

June 27th, 2016
Patents/IP, Recent Legal News

By Mary An Merchant, PhD

Brexit, the United Kingdom’s vote to leave the European Union, raises many questions and some are related to intellectual property issues. There are a few anticipated changes to IP rights due to Brexit. Here is a summary of some key issues, and what could happen next.

Trademarks and Designs

Procedures for treatment of EU trademarks will need to be an element of the negotiations for the UK in leaving the EU. Trademarks can filed individually in each EU

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FAA Releases Long-Awaited Small UAS Rule

June 22nd, 2016
Drones/UAV

In today’s news, AUVSI, Bloomberg and USA Today covered the release of the highly anticipated FAA small UAS rule. Under the small UAS rule, operators will be able to fly a UAS weighing less than 55 pounds at 400 feet or below without first obtaining FAA permission. The reports quote AUVSI President and CEO Brian Wynne, who calls the release of the rule “a significant milestone.” AUVSI has been pushing FAA to release a rule for years. Wynne says the rule will “accelerate the process of understanding what the risks are that will allow us

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Women in Business – North America Summit

Morris, Manning & Martin, LLP is pleased to sponsor the Women in Business North America Summit, hosted by Global Affairs Canada and the Canadian Trade Commissioner. Women-owned businesses in innovative technologies across multiple sectors from Canada, the United States and Mexico will participate in this unique event organized in conjunction with the Consulate General of Canada in Atlanta. Matchmaking opportunities for technology partnerships and global value chain expansion opportunities (pipeline/funding/export) will be made available for delegates with companies from the Southeast USA and Mexico. The event offers delegates exclusive access to connect to potential business opportunities with Fortune 500

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The Defend Trade Secrets Act

May 24th, 2016
Patents/IP, Recent Legal News

By Jonielle D. Turner

The Defend Trade Secrets Act of 2016 (DTSA) – arguably the most significant change to U.S. intellectual property laws in the past decade – was signed into law by President Obama on May 11, 2016. The DTSA creates a federal, civil remedy for misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce. There are a wide range of remedies available for plaintiffs under the DTSA, including seizure of property, injunctive relief and damages. Note that although

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Technology Driven Legal Practice Issues

The International Technology Law Association (ITechLaw) invites you to join leading lawyers and industry representatives at the 2016 ITechLaw World Technology Law Conference – a unique educational experience where you will have the opportunity to receive advanced insights into technology law while collaborating with hundreds of colleagues from around the world.

The 2016 ITechLaw World Conference theme is: “How Technology is Changing Life and the Law — and How Lawyers Can Keep Up.” We will explore new products and technology and discuss the implications for the people using them and

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CFPB Proposes Rule Regulating Pre-Dispute Arbitration Clauses

May 17th, 2016
Bitcoin, Recent Legal News

By Katie McConnell

On May 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule, which will require providers of certain consumer financial products and services to overhaul their existing consumer-facing agreements. The proposed rule would:

  1. Prohibit class action waivers in a wide range of consumer financial products agreements;
  2. Require “providers” to insert language into their consumer-facing agreements to inform consumers of their right to participate in class actions; and
  3. Require a provider involved in an arbitration claim to timely file with the CFPB information about the claim and how the claim was resolved.

What This Means

Prospective Effectiveness:

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MMM Adds IP Depth in Atlanta: Patent Agent Joins

May 10th, 2016
Patents/IP, Recent Legal News

Atlanta (May 2016) – Richard T. Timmer, Ph.D., has joined Morris, Manning & Martin, LLP (MMM) as a patent agent in the firm’s Buckhead office. Timmer’s career includes more than 25 years in the chemical and life sciences industries. He will assist the firm’s Intellectual Property Practice and will work closely with MMM’s nationally-recognized Technology Practice.

Dr. Timmer brings a unique depth and breadth of experience to working with clients who are commercializing innovative technology. He spent more than 15 years preparing and prosecuting patent applications with two national law firms, and managing patent portfolios for biotechnology startups

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