Warren Woessner will be moderating a panel on university-industry (from start-ups to big pharma) partnering in the area of companion diagnostics and personalized medicine at the BIO IP and Diagnostics Symposium, September 26th at the Alexandria Hilton. Since the first two sessions will discuss the disinclination of the Patent Office to issue any claims directed to diagnostic tests in view of Prometheus v. Mayo, it should be interesting to see how the future of claims to diagnostic testing will evolve – or if it will evolve within the patent system. As Yogi Berra said, “The future ain’t what it used to be.” Has the era of the mass extinction of life science patents that began with UC v. Lilly and the Metabolite Labs. dissent continue to gather momentum, until the only question to discuss is “What’s Left to Patent?”
Archive for the ‘Conferences and Classes’ Category
A guest post by Donald Chisum and Janice Mueller.
In August 2014 the Chisum Patent Academy held two back-to-back seminars in its Seattle, Washington facility to discuss and debate current developments in patent law. Each roundtable seminar group was limited to ten persons; sessions were led by treatise authors and educators Donald Chisum and Janice Mueller.
Attendees included experienced patent litigators and prosecutors from law firms and corporations in the U.S., Canada, Germany, and India. Each seminar met for three days. Seattle’s great summer weather, coffee, and lively discussion were enjoyed by all.
Here’s a recap of the takeaways from the seminars:
▪ 2014 Supreme Court Decisions: Moderation? The year 2014 was an undoubtedly high water mark in terms of the number of pertinent SCOTUS patent law decisions–six directly on patent law issues plus a copyright case (Petrella) that could alter the laches defense for patent infringement claims. Commentary and initial responses, including those by the PTO, suggest that the cases represent a significant move toward constricting the availability of patent rights. Yet, in-depth discussions of the cases during our seminars detected a tone of moderation. For example, Alice has been read as broadly precluding patents on “software.” However, language in Alice strongly suggests that claims to technical advances, even broad claims that involve computer implementation, remain patent eligible. Unfortunately for patent applicants and owners, it will take time and resources to establish such eligibility through appeals from PTO rejections and summary district court invalidations.
I will be speaking at this conference in March, 2013.
GENES & DIAGNOSTICS:
A MYRIAD OF ISSUES IN BIOTECH IP
March 10 – 13, 2013
REGISTRATION DEADLINE: March 1st
Cold Spring Harbor Laboratory is pleased to announce a special conference on Patenting in the Life Sciences, which for its first iteration will focus on issues surrounding the patenting of genes and diagnostics. We anticipate that this will be the first in a regular series of special Cold Spring Harbor conferences addressing the relationship between intellectual property and the life sciences.
The conference will begin the evening of Sunday, March 10, and end at lunchtime on Wednesday, March 13. Ample time for extensive discussion, panel debates, and other networking opportunities will be included in the format of the conference.
- Gene patents in the era of publicly available whole-genome sequences
- The Judiciary’s view on patenting genes and diagnostics
- Global perspectives on patentability, validity, and enforceability
- How recent court decisions will affect the biotech industry
- The impact of Prometheus on personalized medicine
- Policy and ethics
A lot of the speakers will have big changes in patent law and watershed case law to tackle at the American Conference Institute’s 14th Advanced Forum on Biotech Patents in Boston, Nov. 28-29, 2012. I will be speaking with Kevin Noonan on the use of the inequitable conduct defense post-Therasense and on the use of the AIA and reissue to address “fraud” issues and strengthen patents pre-litigation.
Other topics include updates and practical advice on rebutting obviousness rejections and the tensions that can create with the tenants of the “new and improved” written description requirement of Ariad (John Ivanicki, Alexander Wilson, Matthew Beaudet , Amy Hamilton and Filko Prugo). The Keynote address will be delivered by Terry Rea, Deputy Director of the PTO, with other PTO insights coming from George Elliott, the Director of 1600 and Esther Kepplinger, former Assistance Director of Examination Policy and Bob Stoll, former Commissioner of Patents. Other topics include Biosimilars, 101 issues and Akami/McKesson. So this is not just another AIA Conference. Y’all come!