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Articles by Bu Yin
CDR Scanning Offers Hope for Genus Claims for Antibodies | JD Supra
In the landmark Amgen v. Sanofi case (previously covered here), the Supreme Court affirmed that patent claims drawn to a genus of monoclonal antibodies, which were claimed in terms of their function and the epitope to which they bind, were invalid due to a lack of enablement. This case and other Federal Circuit decisions, including Baxalta v. Genentech and AbbVie v.
USPTO Fee Changes for 2025 | JD Supra
In the November 20, 2024 Federal Register Notice, the United States Patent and Trademark Office (USPTO or the “Office”) released its final rule on patent fee adjustments (“Final Rule”). These fee adjustments, set to take effect on January 19, 2025, aim to promote efficient patent prosecution practices while also generating sufficient revenue to recover the Office’s patent operational costs.
Obviousness In Drug Combinations – Unexpected Results Vs. Unexpected Mechanisms Of Action - Patent - United States
Ascertaining the differences between prior art and claims at issue requires interpreting the claim language and considering both the invention and the prior art references as a whole.1 The Supreme Court emphasized "the need for caution in granting a patent based on the combination of elements found in the prior art"2 and discussed circumstances in which a patent might be determined to be obvious.
Practical Strategies For Protecting Innovations Under The Doctrine Of Equivalents | JD Supra
Recent case law highlights enablement and written description challenges for genus claims.[1] Given the challenges of enforcing genus claims, the doctrine of equivalents (DOE) may become a more important tool for patentees when literal infringement is unavailable. As discussed below, the outlook for successful application of DOE to biologics remains uncertain.
IP Implications Of USDA Research Collaborations | JD Supra
Many stakeholders in the AgTech industry are interested in collaborating with or obtaining funding from the United States Department of Agriculture (USDA), but are unsure what implications such collaborations may have on their intellectual property (IP) obligations, opportunities, and strategy. Here, we summarize key IP implications of entering into a Cooperative Research and Development Agreement (CRADA) with the USDA. What is a CRADA?
China Eyes New Export Controls for Life Sciences Technologies
China is considering new export restrictions on advanced technologies, including, in particular, in the life sciences sectors. In late December 2022, China’s Ministry of Commerce (“MOFCOM”) issued the proposed amendment to the country’s Catalogue of Technologies Prohibited and Restricted for Export (the “Export Catalogue”) for public consultation (the “Proposed Amendment”).
Possession Of An
United States: Possession Of An "Effective" Dose 22 March 2022 by Kelsey J Roberts Kingman and Bu Yin Morrison & Foerster LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Update: On March 16, 2022, the U.S. Court of Appeals for the Federal Circuit denied Biogen International's petition for panel rehearing and rehearing en banc, following a November split decision discussed below.
Possession Of An "Effective" Dose | JD Supra
When does an applicant have “enough” to file a patent application and be granted a patent? That question continues to dog applicants in the biopharmaceutical industry, particularly in view of recent Federal Circuit decisions concerning whether a patent application provides adequate written description for claims requiring functional limitations, such as administering an “effective” amount of a therapy. Biogen Int’l GmbH v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2021).
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