Supreme Court Rules on IP Case Life Sciences Manufacturers Are Following

By Mary An Merchant, Ph.D. / Intellectual Property and Life Sciences Groups – Morris, Manning & Martin, LLP

Do U.S. patent rights protect a patent owner from competitors that export key parts of inventions for reassembly in other countries? Competitive international activity is a common challenge for companies that only hold U.S. patents, especially when deciding whether, and where, to seek patent protection in other countries.  Diagnostic companies, medical device companies and others who hold patents on multicomponent inventions have followed this case closely.

The U.S. Supreme Court answered a part of the question recently, determining that exporting a staple article or commodity of a multicomponent

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FDA Releases Guidance for Biosimilar Data and Names

The end of 2016 and start of 2017 found the FDA releasing guidance documents for biosimilar products that detail the conduct and analysis used for clinical pharmacology studies and how to name biosimilar products that are seeking FDA approval under the Biologics Price Competition and Innovation Act of 2009 (BCPIA).  The clinical pharmacology guidance (released in December 2016) provides recommendations for studies that assess the presence or absence of clinically meaningful differences between the proposed biosimilar product and the U.S.-licensed reference product.

In keeping with previous biosimilar guidance from the FDA, the December 2016 guidance document reaffirms the “totality of evidence”

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MMM CLIENT ALERT | EPO to Enforce Dual Party Execution of Assignments

November 10th, 2016
IP/Patents/Trademark

By Mary An Merchant, JD, PhD & Richard T. Timmer, PhD

Effective November 1st, new guidelines came into effect for patent applications before the European Patent Office (“EPO”). One significant change affects what the EPO will accept as evidence of transfer of ownership of a patent application, an assignment. The EPO will now strictly enforce the requirement that an assignment of a European patent application have the signature of both parties involved in the assignment, the assignor(s) (the party giving up ownership) and the assignee(s) (the party receiving ownership). Assignments executed (signed) by both parties have been required for ownership transfer

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Case Summary: Lown Cos., LLC v. Piggy Paint

March 24th, 2014
IP/Patents/Trademark

In this series, MMM attorney Shannon McNulty presents key information on noteworthy cases that have made, or could potentially make, a large impact on the current legal landscape.

Lown Cos., LLC v. Piggy Paint, LLC, No. 1:11-CV-911, 2012 WL 3277188, at *1-5 (W.D. Mich. Aug. 9, 2012)

Case Study: JBCHoldings NY v. PakterThe court found that a company was not liable under a conversion of a trademark claim when this company asked Facebook to take down another company’s allegedly copyright-infringing Facebook page, and Facebook did. The court reasoned, in part, that it

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Case Summary: SmartGene v. Advanced Biological Labs

March 10th, 2014
IP/Patents/Trademark

In this new series, MMM attorney Shannon McNulty presents key information on noteworthy cases that have made, or could potentially make, a large impact on the current legal landscape.

Smartgene, Inc. v. Advanced Biological Labs

SmartGene, Inc. v. Advanced Biological Labs.,  No. 2013-1186, 2014 WL 259824, at *1-6 (Fed. Cir. Jan. 24, 2014)

The United States Court of Appeals for the Federal Circuit reaffirmed its ruling in CLS Bank Int’l v. Alice Corp. Pty that certain mental processes are not eligible for patent protection.  At issue was a patent claim

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GNU Affero General Public License: Risks and Opportunities

GNU Affero General Public License:
Risks and Opportunities

By:  Paul H. Arne[1],[2]

The GNU Affero General Public License[3] (“AGPL”) is a special license in the family of open source licenses, creating risks and opportunities that do not exist with most other open source licenses.  For a significant period of time after the introduction of this license in late 2007,[4] the use of this license was fairly limited.  Even though the use of the AGPL is fairly limited in proportion to other open source licenses, its use is now sufficiently prevalent that attorneys may come in contact with this license.  This article will

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