Category Archives: IP and Technology Transactions

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Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Three of a Three-Part Article Series Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of … Continue Reading

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Two of a Three-Part Article Series Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of … Continue Reading

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part One of a Three-Part Article Series Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of … Continue Reading

Waiver Of Intellectual Property Protections For COVID-19 Vaccine Unlikely To Have Meaningful Impact In Short Term

On Wednesday, May 7, 2021, the United States officially endorsed waiving intellectual property protections for COVID-19 vaccines. While the United States has taken the opposite position in recent months, the administration asserts that its departure is guided, at least in part, by the goal “to get as many safe and effective vaccines to as many … Continue Reading

FTC v. Actavis: What Does It Mean for Reverse-Payment Settlements?

On June 17, 2013, the United States Supreme Court announced a rule that blurs the lines between antitrust and patent law in the context of Hatch-Waxman litigation. In FTC v. Actavis, 570 U.S. 756 (2013), the Federal Trade Commission (“FTC”) prevailed when the Supreme Court held in a 5-to-3 decision [1] that reverse payment settlements in Hatch-Waxman cases … Continue Reading

Limiting Liability in Clinical Trials: Non-Lawyers, Lawyers Beware

Clinical trials are the lifeblood of biotech. Finding the right service providers (CROs, safety, IVRS, consultants, contract manufacturers and many others), as well as the right clinical investigators and sites, results in a complex web of legal obligations and potential liabilities. Limitation of liability clauses can reduce a party’s exposure if a contractual obligation is … Continue Reading

The Cost Of Non-Compliance

Today, more than ever, companies are confronted with a broad array of electronic document issues, including data retention policies and e-discovery during litigation. Failing to comply with rules regarding such electronic data can cost millions of dollars. For instance, in United States Securities and Exchange Commission v. Morgan Stanley & Co., Inc., No. 06 0882 … Continue Reading

Practice Tip – Jury Waivers and IP License Agreements

Because an IP license agreement is governed by state contract law, it is important to consider the relevant state’s case law when drafting any such agreement. For instance, the California Supreme Court recently determined that jury waiver provisions in a contract are invalid unless the procedures set forth in section 631(d) of the California Code … Continue Reading
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