Covid-19 Update

Given the impact of the 2019-nCoV virus (SARS-CoV-2, COVID-19) on everyday life, it made sense to look into what we know about the virus right now and how that knowledge is driving possible treatments and vaccines, to get life moving back to normalcy.  Much of the material was taken from research articles, which are cited […]

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Lego Suit

The toy industry is in a tumultuous time, with many industry experts concerned physical toys are being replaced by digital ones.1  In fact, one of the largest building toy manufacturers, Lego A/S, which manufactures around 75 million bricks each year, suffered an 8% drop in revenue in 20172  Likely as a result of the competition […]

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Update on Claim Interpretation from the Courts

In another precedential opinion, the Federal Circuit Court of Appeals continued its focus on defining claim term meanings in light of the specification and prosecution history.[i] At issue was Auerbach, et al. (U.S. Pat. 8,822,438), which involves the use of a CYP17 enzyme inhibitor with an anticancer or steroid to treat prostate or breast cancer.[ii] […]

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Diagnostic and Treatment Patent Eligibility Update

The Federal Circuit has been active in clarifying what constitutes patentable subject matter in the medicinal and biotechnology fields, issuing a precedential and nonprecedential opinions over the last few weeks. The cases highlight the importance of including manipulation steps in patent claims, i.e. where a human provides an active step in the claimed subject matter […]

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The Difficulties in Diagnostic Patents, post-Mayo

Since the Supreme Court issued its opinion in the Association for Molecular Pathology v. Myriad Genetics, Inc. and Mayo Collaborative Services v. Prometheus Laboratories, Inc., it has been increasingly difficult for medical diagnostics to become patented or survive a patentability challenge.  In 2012, the U.S. Supreme Court decisions, which applied to a breast cancer test […]

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