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Lisa Warren Speed Mentoring at Northeastern University School of Law Today! 05/20/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Intellectual Property.
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MBBP Managing Partner Lisa Warren will partake in Northeastern University School of Law’s Annual Women in the Law conference this afternoon.  Warren will provide career guidance to attendees in 15-minute intervals during the “Speed Mentoring” breakout session, beginning at 1:45pm.Lisa Warren

The Women in the Law conference aims at providing professional development and career guidance to women attorneys and professionals.  Session topics include Where Two Trails Converge: Navigating Social MediaPartnering Your Way to the Summit: Public/Private Partnerships, and Expanding Your Personal Public-Private Network to Create Opportunities.  It begins this morning and will take place in the law school.

5/4/16 – Life Sciences Series Panel 1: Business and IP Strategy 04/21/2016

Posted by Morse, Barnes-Brown Pendleton in Events, Intellectual Property, Life Sciences, MBBP news.
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reg now buttonJoin us at MBBP‘s Waltham office on Wednesday, May 4th at 7:00am for a look at Building Your Product & Patent Strategy from the Ground Floor. This is the first of four events in the 2016 Life Science Panel Series.

This lively panel of experts will discuss how to structure a well-crafted intellectual property portfolio. They have all built and analyzed multiple portfolios and will share their experiences on the do’s and don’ts in both organically growing an IP portfolio and in-licensing key properties.

Panelists include:

  • William Edelman Social Entrepreneur and C-Level Executive, Paragonix Technologies, NewVert, VitaThreads, Flexicath, First Light Biosciences
  • Molly Hoult Vice President, Fletcher Spaght Ventures
  • Michael McDonald, Ph.D. Director of Intellectual Property, bluebird bio

Seating is limited. Register today!

Sequenom Petitions Supreme Court to Clarify Scope of Mayo in Sequenom v. Ariosa 04/05/2016

Posted by Morse, Barnes-Brown Pendleton in Intellectual Property, Legal Developments, Life Sciences, Medical Devices.
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M0846516Late last month, Sequenom, Inc. filed a Petition for Writ of Certiorari requesting the United States Supreme Court to clarify the scope of its Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012) decision, as applied to Sequenom’s claimed inventions.  The Mayo decision, which held that a method correlating a drug dosage regimen and levels of the drug in the blood was an unpatentable law of nature, has had the profound effect of narrowing the scope of patent-eligible subject matter in the United States and has cast doubt on the validity and enforceability of previously-issued United States patents.

Sequenom’s discovery related to the discovery of cell-free fetal DNA circulating in maternal plasma, which was used to invent a test for detecting fetal genetic conditions in early pregnancy, and thereby avoid subjecting the mother to dangerous, invasive techniques such as amniocentesis.  The Federal Circuit agreed that Sequenom’s invention combined and utilized man-made tools of biotechnology in a new way that revolutionized prenatal care; however, in view of Mayo, such inventions were deemed patent-ineligible as a matter of law, since their new combination involved only a “natural phenomenon” and techniques that were “routine” or “conventional” on their own.

Despite the Federal Circuit’s reluctant holding that Sequenom’s claimed inventions were not patent-ineligible, multiple judges wrote separately to explain that while this result was probably not intended by Mayo, that decision controlled and only the Supreme Court could clarify Mayo’s reach to prevent a “crisis of patent law and medical innovation.”  Sequenom’s petition now asks the Supreme Court to clarify the scope of its Mayo decision in view of Sequenom’s claimed inventions, and to determine whether a novel method is patent-eligible where: (1) a researcher is the first to discover a natural phenomenon; (2) that unique knowledge motivates him to apply a new combination of known techniques to that discovery; and (3) he thereby achieves a previously impossible result without preempting other uses of the discovery.

If the Supreme Court grants certiorari it will have a compelling set of facts before it to clarify the scope of Mayo, and we patiently await its decision, which will have high stakes for the life sciences community.

For more information, contact Patent Attorney Stan Chalvire.

Survey Says: Top NINE Intellectual Property Developments of 2015 03/04/2016

Posted by Morse, Barnes-Brown Pendleton in Computer Software & Hardware, Intellectual Property, Licensing & Strategic Alliances, Life Sciences, Privacy and Data Security, Publishing & Media.
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happy-birthdayBy: Callie L. Pioli

2015 was another busy year in terms of intellectual property law, but luckily, MBBP has been carefully monitoring all of the important developments. There were many contenders for spots in our list, but only a select few could make the cut.

Get a recap on 2015 (and prepare for success in 2016) by reading our list.

We cover:

  1. Happy Birthday to All! – Marya v. Warner/Chappell Music, Inc.
  2. Google Books (Authors Guild v. Google, Inc.)
  3. Disparagement versus Free Speech: In re Tam
  4. Issue Preclusion & The TTAB: B&B Hardware, Inc. v. Hargis Indus., Inc.
  5. Patient Infringement Liability: Akamai Techs., Inc. v. Limelight Networks, Inc.
  6. Biosimilarity: Amgen v. Sandoz
  7. ­Patentability of Natural Phenomena: Ariosa Diagnostics, Inc. v. Sequenom, Inc.
  8. Computer Fraud & Abuse Act
  9. Safe Harbor Down, EU-US Privacy Shield Up

 

MBBP Publishes February M&A Today Newsletter 03/01/2016

Posted by Morse, Barnes-Brown Pendleton in Corporate, Intellectual Property, Legal Developments, M&A, Taxation.
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MA Today Banner (M0620645)Hot off the press!

Articles include:

  • Tips for Enforcing Indemnification Provisions
  • Permanent Exclusion of Gain on Sales of Qualified Small Business Stock
  • IP Due Diligence: Patentability vs. Patent Infringement

Get more info on our M&A blog or read the full newsletter.

 

MBBP Attorney to Host Office Hours at TechSandBox 1/28/2016 01/22/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events.
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Sean D. Detweiler (SDD)On  Thursday, January 28, MBBP Attorney Sean Detweiler will host Office Hours at TechSandBox to help answer your patent and strategy questions.

Office Hours provides access to experts in topics such as intellectual property, business formation, benefits, taxes, marketing, sales, funding, IT and technology commercialization. Sean will be available for one-on-one, 45 minute sessions from 1:00PM- 5:00PM. This event will be offered probono for TechSandBox members and to non-members as space allows.

Sign up today to reserve your time slot by visiting TechSandBox!

Star Wars And Technology: May The Patent Office Be With You… 12/18/2015

Posted by Morse, Barnes-Brown Pendleton in Intellectual Property, Licensing & Strategic Alliances, New Resources.
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Today, December 18, 2015, is the official release in the U.S. of Star Wars: The Force Awakens, which is the seventh installment in the film series. The original trilogy began in 1977, and 38 years later is still going strong; a highly regarded film franchise to say the least. In part, the film series owes some of its success to the technology that “surrounds and penetrates” the movies.

Since the original trilogy, inventors have focused on creating or improving upon such Star Wars technologies as human prosthetics, solar power, robotics, lasers, rocket and missile technology, force fields, clones and genetic engineering, cybernetics, forms of levitation, and holography.

If you are thinking about trying to make something from the Star Wars universe a reality, “do…or do not. There is no try.” “You can’t stop change any more than you can stop the suns from setting.” And if you invent something, remember that it is “unwise to lower your defenses.”

Read the full article here!

Happy Birthday Coca-Cola® Bottle! 11/16/2015

Posted by Morse, Barnes-Brown Pendleton in Intellectual Property.
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Coke Bottle100 years ago today, inventor Alexander Samuelson was granted the design patent for the bottle that would come to be known as the iconic Coca-Cola® bottle. The design patent lasted 14 years and then expired, but obviously the design has lived on, and is now considered protected under trade dress laws. The term of design patents filed on or after Dec. 18, 2013 is now 15 years from the date of grant. However, if the ornamental features covered by the design patent are sufficiently distinctive, such as the Coca-Cola® bottle, then over time the design may be protected by common law trade dress, and may even be registered at the Patent and Trademark Office, both of which can provide intellectual property protection for years beyond the design patent term.

For questions about design patents – or to Share a Coke® – please contact Sean D. Detweiler.

MBBP Attorneys to Present at Upcoming Program, “Constructing a Solid Provisional Patent” 10/13/2015

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events.
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Patent Attorney Sean DetweilerOn Monday, October 19, Registered Patent Attorneys Sean D. Detweiler and Dr. Stanley F. Chalvire will present at a program hosted by TechSandBox for its Life Sciences SIG, “Constructing a Solid Provisional Patent.” Joining Sean and Stan are two Life Science CEOs. Learn from them first hand and save time, money, and anguish!

To learn more or to register for the event, please visit TechSandBox.

Patent Attorney Stan Chalvire

FDA Establishes “Purple Book” for Biosimilars 09/15/2014

Posted by Morse, Barnes-Brown Pendleton in Legal Developments, Life Sciences.
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By: David Fazzolare and Joanna Brougher

Patent Attorney David FazzolareOn September 9, 2014, the FDA announced the establishment of the “Purple Book” (formally entitled “Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or Interchangeability Evaluations”), which is the equivalent for biologics of the FDA’s “Orange Book.” Whereas the Orange Book lists all small molecule reference listed drugs and their counterpart generic drugs that have been approved by the FDA under the Hatch-Waxman Act, the Purple Book Patent Attorney Joanna Brougherlists all licensed biologics and will list the corresponding biosimilars when they are licensed by the FDA, and will designate whether the biosimilars are also interchangeable, under the Public Health Service Act (“PHSA”). The Purple Book will also provide the dates that the biologics were first licensed under section 351(a) of the PHSA, including whether the FDA has evaluated the biologic product for reference product exclusivity under section 351(k)(7) of the PHSA. Unlike the Orange Book, however, the Purple Book will not list patent information pertaining to licensed biologics.

Questions on the “Purple Book” can be directed to David or Joanna.

David Fazzolare Quoted in FDA Week Biosimilar Article 08/12/2014

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Intellectual Property, Legal Developments, Life Sciences.
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Patent Attorney David FazzolareOn August 8th InsiderHealthPolicy.com’s FDA Week, an exclusive weekly report on Food and Drug Administration Policy, regulation and enforcement, published an article titledBiosimilar ‘Patent Dance,’ Litigation Could Coincide With Possible Approval. The article discusses the FDA’s recent acceptance of the first biosimilar application from Sandoz for a biosimilar filgrastim, a version of Amgen’s Neupogen. This acceptance of Sandoz’s application has also set off a series of deadlines outlined in statute that will determine which patents the two companies will litigate. MBBP Patent Attorney David Fazzolare was quoted in the article discussing the patent exchange process including several other deadlines before possibly resulting in litigation. David stated:

The earliest that I see anything publicly happening, absent any press releases from Sandoz and Amgen, is March of next year.

The same two companies are currently engaged in litigation over patents related to a different product, Enbrel, which is currently on appeal in the U.S. Court of Appeals for the Federal Circuit and oral arguments are slated for Sept. 10.

For more information on this topic, please contact David Fazzolare.

USPTO Provides Further Guidance on Proposed Three Track Examination Initiative 02/14/2011

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Legal Developments.
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By Daniel McGeeney and Stan Chalvire

In a Press Release issued on February 2, 2011, the U.S. Patent and Trademark Office (USPTO) announced updates to its proposed “Three Track” examination initiative. This initiative was proposed by the USPTO in June 2010 (75 Fed. Reg. 31763) to provide applicants some control over the timing of the examination of their patent applications. The proposed initiative aims to provide applicants with the type of examination they need and to reduce the overall pendency of patent applications, which presently stands at almost three years.

Patent Attorney Stan ChalvireGenerally, the proposed Three Track examination initiative would allow applicants to: (1) request prioritized examination of a non-continuing application within twelve months of their filing date (Track I); (2) request that an application that does not claim the benefit of a prior-filed foreign application or a prior non-provisional application be placed in an applicant-controlled up to 30 month queue prior to docketing for examination (Track III); or (3) make neither of the Track I or Track III requests and proceed in accordance with the current standard procedure (Track II).

For the full article on this subject, please visit our website.

For more information or to discuss the USPTO’s proposed Three Track examination initiative, as well as other strategies for expediting the examination of your patent application, please contact Daniel McGeeney or Stan Chalvire.

Stanley Chalvire to Speak at Pharmaceutical Patent Protection and Enforcement Conference 09/17/2010

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events.
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Patent Attorney Stan ChalvireOn September 27-28, Q1 Productions is hosting the Pharmaceutical Patent Protection and Enforcement Conference in Baltimore, Maryland. The conference will bring together members of the pharmaceutical industry, patent attorneys and high ranking governmental officials to discuss current patent cases, how to protect and prolong patent exclusivity, and debate the industry’s future. MBBP Patent Attorney Stanley Chalvire will be presenting on “US Patent Law: Inequitable Conduct and Duty of Candor”.

To learn more about the event or to register, please contact Paul Hernandez or call 312-602-9683.

For questions on pharmaceutical patents, please contact Stanley Chalvire.

Intellectual Property Today Lists MBBP in Top 100 U.S. Trademark Firms 05/17/2010

Posted by Morse, Barnes-Brown Pendleton in Client News, MBBP news.
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Intellectual Property Today recently named Morse, Barnes-Brown & Pendleton, P.C. (MBBP) as one of the Top Trademark Firms in the United States for the year 2010. The firms are ranked “according to the number of trademark registrations issued in 2009 where the firm or individual is listed as the legal representative on the registration.” MBBP came in at #94 with 116, 166 and 145 trademark registrations in 2007, 2008 and 2009 respectively.

Please see the Top Trademark Firms list for more information.

MBBP’s Stan Chalvire to Speak at MDG “The Power of Trade Secrets” 03/24/2010

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events.
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Patent Attorney Stan ChalvireOn April 21, 2010, MBBP attorney Stan Chalvire has been asked to speak at the Medical Development Group networking event, “The Power of Trade Secrets: When Not to Patent Your Invention”. Stan will discuss what you can do when patents are not available for your invention, or just the best way to protect your asset (and why).

To learn more about this event, please visit Medical Development Group.

For more information on patents, please contact Stan Chalvire.

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