Tag Archives: Patent Law

Barry v. Medtronic – Be Careful What You Use and Sell!

In my last post, I discussed the Supreme Court’s opinion in Helsinn Healthcare v. Teva Pharms., holding Helsinn’s patent on a drug was invalid on the basis that Helsinn’s semi-secret sale of the drug to a marketing partner triggered the … Continue reading

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USPTO Post-Prosecution Pilot Program Launches

A guest post from Edward Sandor, attorney at Schwegman. The Post-Prosecution Pilot Program (P3) launched at the USPTO Monday, combining features of the AFCP 2.0 and Pre-Appeal Brief Conference Pilot programs, with the notable addition of Applicant participation in the process. … Continue reading

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FDA Releases Outline of Guidance for Developing Tests Based on Human Genetic Variants

The FDA is charged with regulating “Next Generation Sequencing (NGS) Tests,” and has just released draft guidance on what needs to be regulated. (A copy of the first draft and second draft can be found at the end of this … Continue reading

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Rapid Litigation v. CellzDirect – A Break in the 101 Wall

On July 5, 2016, a three – judge Fed. Circuit panel of Moore, Prost and Stoll (Appeal no. 2015-1570) reversed the district court’s holding that claims to a method of isolating “hardy” twice -frozen hepatocytes (as I called them in my … Continue reading

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