USPTO Launches Patents 4 Patients

To support the National Cancer Moonshot initiative, the USPTO has launched the Patents 4 Patients program, also known as the Cancer Immunotherapy Pilot Program. Under this program, applicants can obtain expedited examination of patent applications directed to methods of treating cancer using immunotherapy. It will be interesting to see how many applicants take advantage of this program, and whether the program is effective to expedite grant of cancer immunotherapy patents.    Continue reading this entry

Keeping Up To Date On CRISPR – July 2016

CRISPR is a gene editing technique that promises to revolutionize genetic engineering, but already is raising ethical, business, and legal issues. This article provides a snapshot of CRISPR technology and patent application filings. If you are interested in more information, please download a digital copy of our web conference on “Navigating the CRISPR Patent Landscape and Business Impact” or contact any of the authors.

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Advancing New Claims Under the Lanham Act

Implementing unique litigation tactics, on June 15, 2016, Foley & Larder LLP filed a complaint under Section 337 of the Tariff Act at the International Trade Commission (“ITC”) on behalf of Par Pharmaceutical and related parties (Par as “Complainants”).  The complaint, which is grounded in allegations of the unlawful importation of certain Potassium Chloride powder products into the United States, sale for importation, and/or sale after importation, seeks a permanent limited exclusion order and a cease and desist order against Viva Pharmaceutical Inc., a Canadian company, Virtus Pharmaceuticals, LLC, a Florida-based company, and Virtus Pharmaceuticals OPCO II, LLC, a Tennessee-based company (collectively, “Virtus”) (all together, “Respondents”), in addition to their respective agents and related companies.  While 337 complaints alleging patent infringement, copyright infringement, and trademark infringement are common, this is the first 337 complaint based on the unfair act of a competitor’s marketing of an unapproved drug.

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The Promise And Pitfalls Of 3D Printing

3D printing offers great promise for innovation and manufacturing, but this tool has expanded the scope of patented products that can be easily and cheaply copied, and may make it harder to identify and prosecute infringers. The USPTO held a conference on legal and policy issues surrounding 3D printing on June 28, 2016. Oyvind Dahle, a summer associate at Foley & Lardner LLP, attended the conference and contributed to this article highlighting some of the points that were discussed. Continue reading this entry

Can FDA Implement The BPCIA As The CAFC Suggested?

In Amgen v. Apotex, the Federal Circuit held that under the Biologics Price Competition and Innovation Act (“BPCIA”), “an applicant must provide a reference product sponsor with 180 days’ post-licensure notice before commercial marketing begins.” The court dismissed concerns that its holding would extend the originator’s 12-year exclusivity period by 6 months, reasoning that the FDA could signal approval of a biosimilar before the 12-year exclusivity period has run, but is that correct?

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