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Articles by Caitlin Wilmot
Brave New (Virtual) World
Authored by Jenny Colgate and Caitlin Wilmot for ICLG Data Protection 2022 7.8.22 Partner Jenny Colgate and associate Caitlin Wilmot published a chapter titled "Brave New (Virtual) World" in the International Comparative Legal Guide to: Data Protection 2022, published by Global Legal Group Ltd. As the pace of technology far exceeds the speed of regulation, it is clear that there are more questions than answers when it comes to the legal framework for the metaverse.
Vertex and Mammoth Biosciences Ink $700M Deal for Ultra-Small CRISPR Systems | JD Supra
Vertex Pharmaceuticals and Mammoth Biosciences, a Brisbane, California-based genetic research company, announced a new collaboration for the development of in vivo gene therapies for rare diseases using Mammoth’s ultra-small CRISPR systems.
Vertex and Mammoth Biosciences Ink $700M Deal for Ultra-Small CRISPR Systems
Vertex Pharmaceuticals and Mammoth Biosciences, a Brisbane, California-based genetic research company, announced a new collaboration for the development of in vivo gene therapies for rare diseases using Mammoth’s ultra-small CRISPR systems.
Key Takeaways from Google’s Supreme Court Copyright Win Over Oracle | JD Supra
The Supreme Court’s recent landmark ruling in Google v. Oracle ended a decade-long legal battle between the tech giants, finding that Google’s copying of over 11,000 lines of Oracle’s Sun Java application programming interface (“API”) code was permissible fair use under copyright law. This ruling means that Google won’t have to pay billions of dollars in damages to Oracle. It also has huge implications for the broader software and tech industries.
Key Takeaways from Google’s Supreme Court Copyright Win Over Oracle
The Supreme Court’s recent landmark ruling in Google v. Oracle ended a decade-long legal battle between the tech giants, finding that Google’s copying of over 11,000 lines of Oracle’s Sun Java application programming interface (“API”) code was permissible fair use under copyright law. This ruling means that Google won’t have to pay billions of dollars in damages to Oracle. It also has huge implications for the broader software and tech industries.
A Heightened Bar: Federal Circuit Leaves Functional Antibody Claims on Thin Ice | JD Supra
In a precedential opinion in Amgen Inc. et al. v. Sanofi, Aventisub LLC, et al., No. 20-1074 (Fed. Cir. 2021) issued on February 11, 2021, the Federal Circuit affirmed the decision of the United States District Court for the District of Delaware granting JMOL that Amgen’s Repatha® patents (U.S. Patent Nos. 8,829,165 and 8,859,741) were invalid for lack of enablement. The district court’s grant of JMOL overturned a jury verdict finding Amgen’s claims were not invalid for lack of enablement.
A Heightened Bar: Federal Circuit Leaves Functional Antibody Claims on Thin Ice
In a precedential opinion in Amgen Inc. et al. v. Sanofi, Aventisub LLC, et al., No. 20-1074 (Fed. Cir. 2021) issued on February 11, 2021, the Federal Circuit affirmed the decision of the United States District Court for the District of Delaware granting JMOL that Amgen’s Repatha® patents (U.S. Patent Nos. 8,829,165 and 8,859,741) were invalid for lack of enablement. The district court’s grant of JMOL overturned a jury verdict finding Amgen’s claims were not invalid for lack of enablement.
A Heightened Bar: Federal Circuit Leaves Functional Antibody Claims on Thin Ice
In a precedential opinion in Amgen Inc. et al. v. Sanofi, Aventisub LLC, et al., No. 20-1074 (Fed. Cir. 2021) issued on February 11, 2021, the Federal Circuit affirmed the decision of the United States District Court for the District of Delaware granting JMOL that Amgen’s Repatha® patents (U.S. Patent Nos. 8,829,165 and 8,859,741) were invalid for lack of enablement. The district court’s grant of JMOL overturned a jury verdict finding Amgen’s claims were not invalid for lack of enablement.
Amgen Faces “Uphill Battle” in Defending Antibody Genus Patentability | JD Supra
On December 9, 2020, the Federal Circuit heard oral arguments on the validity of Amgen’s patents (U.S. Patent Nos. 8,829,165 and 8,859,741) on cholesterol-lowering drug Repatha. Specifically, the question came down to whether the patents, claiming a genus of antibodies by their functional properties, are enabled under 35 U.S.C § 112. The panel consisted of Judges Sharon Prost, Alan D. Lourie, and Todd M. Hughes.
Amgen Faces “Uphill Battle” in Defending Antibody Genus Patentability
On December 9, 2020, the Federal Circuit heard oral arguments on the validity of Amgen’s patents (U.S. Patent Nos. 8,829,165 and 8,859,741) on cholesterol-lowing drug Repatha. Specifically, the question came down to whether the patents, claiming a genus of antibodies by their functional properties, are enabled under 35 U.S.C § 112. The panel consisted of Judges Sharon Prost, Alan D. Lourie, and Todd M. Hughes.
Amgen Faces “Uphill Battle” in Defending Antibody Genus Patentability
On December 9, 2020, the Federal Circuit heard oral arguments on the validity of Amgen’s patents (U.S. Patent Nos. 8,829,165 and 8,859,741) on cholesterol-lowering drug Repatha. Specifically, the question came down to whether the patents, claiming a genus of antibodies by their functional properties, are enabled under 35 U.S.C § 112. The panel consisted of Judges Sharon Prost, Alan D. Lourie, and Todd M. Hughes.
Supreme Court: The FTC - The Chief Federal Agency on Privacy Policy and Enforcement Since the 1970s - May Not Have Ever Had Authority to Demand Monetary Relief | Rothwell, Figg, Ernst & Manbeck, P.C. - JDSupra
While Europe is leveraging hefty fines against violators of the EU General Data Protection Regulation (GDPR) (here is a tracker of recent fines: https://www.enforcementtracker.com/), the United States Supreme Court heard oral arguments last month on whether the FTC – the chief federal agency on privacy policy and enforcement since the 1970s – lacks authority to demand monetary relief. The oral arguments in AMG Capital Management v.
Supreme Court: The FTC - The Chief Federal Agency on Privacy Policy and Enforcement Since the 1970s - May Not Have Ever Had Authority to Demand Monetary Relief | LexBlog
While Europe is leveraging hefty fines against violators of the EU General Data Protection Regulation (GDPR) (here is a tracker of recent fines: https://www.enforcementtracker.com/), the United States Supreme Court heard oral arguments last month on whether the FTC – the chief federal agency on privacy policy and enforcement since the 1970s – lacks authority to demand monetary relief. The oral arguments in AMG Capital Management v.
FTC Settles with Everalbum Over Misuse of Facial Recognition Technology | JD Supra
On Monday, the Federal Trade Commission (FTC) announced a settlement with Everalbum, Inc., the California-based developer of a photo app called “Ever,” with regard to allegations that the company deceived consumers about the use of its facial recognition technology and its data retention practices. The Ever app allowed users to store and organize photos and videos uploaded from their mobile devices, computers, and social media accounts.
FTC Settles with Everalbum Over Misuse of Facial Recognition Technology
On Monday, the Federal Trade Commission (FTC) announced a settlement with Everalbum, Inc., the California-based developer of a photo app called “Ever,” with regard to allegations that the company deceived consumers about the use of its facial recognition technology and its data retention practices. The Ever app allowed users to store and organize photos and videos uploaded from their mobile devices, computers, and social media accounts.
Biogen and ViGeneron to Collaborate on Ophthalmic Gene Therapy Development | JD Supra
Earlier this week, Biogen and ViGeneron signed a global collaboration and licensing agreement to develop gene therapies for inherited eye diseases. The companies will use Munich-based ViGeneron’s proprietary adeno-associated virus (AAV) technology platform to efficiently transduce target retinal cells via intravitreal injections. Under the agreement, ViGeneron will develop in vitro therapeutic candidates for an undisclosed target. Biogen has the right to add an additional target within two years.
Biogen and ViGeneron to Collaborate on Ophthalmic Gene Therapy Development
Earlier this week, Biogen and ViGeneron signed a global collaboration and licensing agreement to develop gene therapies for inherited eye diseases. The companies will use Munich-based ViGeneron’s proprietary adeno-associated virus (AAV) technology platform to efficiently transduce target retinal cells via intravitreal injections. Under the agreement, ViGeneron will develop in vitro therapeutic candidates for an undisclosed target. Biogen has the right to add an additional target within two years.
Emerging Companies: Framework for Leveraging Your IP & Tech | JD Supra
Founders of technology-based companies often recognize very early on that their company’s IP and related technology comprise a significant or even central part of the company’s overall value. Determining how to best protect and leverage that IP and tech to grow a business and maximize shareholder returns is therefore something that every founder must do. In developing new technologies, there are a number of options to consider with respect to how to maximize the value of the resulting innovations.
IBM Reports Cyberattacks on COVID-19 Vaccine Distribution Chain | JD Supra
IBM Security (the company’s cybersecurity division) has recently discovered a global phishing campaign targeting organizations associated with the critical coronavirus vaccine distribution chain. The division’s “X-Force,” created at the onset of the pandemic to monitor cyber threats against vaccine developers and distributors, released a report on Thursday with their analysis and recommendations.
Emerging Companies: Framework for Leveraging Your IP & Tech
Founders of technology-based companies often recognize very early on that their company’s IP and related technology comprise a significant or even central part of the company’s overall value. Determining how to best protect and leverage that IP and tech to grow a business and maximize shareholder returns is therefore something that every founder must do. In developing new technologies, there are a number of options to consider with respect to how to maximize the value of the resulting innovations.
IBM Reports Cyberattacks on COVID-19 Vaccine Distribution Chain
IBM Security (the company’s cybersecurity division) has recently discovered a global phishing campaign targeting organizations associated with the critical coronavirus vaccine distribution chain. The division’s “X-Force,” created at the onset of the pandemic to monitor cyber threats against vaccine developers and distributors, released a report on Thursday with their analysis and recommendations.
Big Pharma to Face Off at Federal Circuit Oral Arguments Over Antibody Genus Patentability | JD Supra
Mark your calendars – on December 9th, the Federal Circuit is slated to hear oral arguments as to whether two Amgen patents claiming a genus of antibodies meet the enablement requirement of 35 U.S.C. § 112. The court’s decision may have a considerable impact on antibody-based drug development and the scope of patent protection available for antibody innovations. In one corner, there’s Amgen, backed by amici Bristol-Myers Squibb and Merck.
Big Pharma to Face Off at Federal Circuit Oral Arguments Over Antibody Genus Patentability
Mark your calendars – on December 9th, the Federal Circuit is slated to hear oral arguments as to whether two Amgen patents claiming a genus of antibodies meet the enablement requirement of 35 U.S.C. § 112. The court’s decision may have a considerable impact on antibody-based drug development and the scope of patent protection available for antibody innovations. In one corner, there’s Amgen, backed by amici Bristol-Myers Squibb and Merck.
California Voters Approved the CPRA: What Does This Mean for Your Business? | JD Supra
While the nation was preoccupied with the presidential race, California voted “YES” on the California Privacy Rights Act (“CPRA”), which amends and expands on the CCPA. Our previous post sets forth the highlights of the balloted Proposition 24, but in a nutshell, the CPRA was designed to close a number of loopholes in the CCPA, strengthen consumer privacy protections, and establish the California Privacy Protection Agency as the primary enforcement authority.
California Voters Approved the CPRA: What Does This Mean for Your Business?
While the nation was preoccupied with the presidential race, California voted “YES” on the California Privacy Rights Act (“CPRA”), which amends and expands on the CCPA. Our previous post sets forth the highlights of the balloted Proposition 24, but in a nutshell, the CPRA was designed to close a number of loopholes in the CCPA, strengthen consumer privacy protections, and establish the California Privacy Protection Agency as the primary enforcement authority.
FTC Settles with Zoom Over Subpar Security and Misleading Data Privacy Practices | JD Supra
Earlier this week, the Federal Trade Commission (FTC) announced a settlement with Zoom that will require the company to enhance its data security practices to address allegations that the videoconferencing provider engaged in a series of deceptive and unfair practices that duped users into a false sense of security.
FTC Settles with Zoom Over Subpar Security and Misleading Data Privacy Practices
Earlier this week, the Federal Trade Commission (FTC) announced a settlement with Zoom that will require the company to enhance its data security practices to address allegations that the videoconferencing provider engaged in a series of deceptive and unfair practices that duped users into a false sense of security.
Data Privacy Comparative Guide
To print this article, all you need is to be registered or login on Mondaq.com. Do you want to compare other jurisdictions?... Click here 1 Legal and enforcement framework 1.1 Which legislative and regulatory provisions govern data privacy in your jurisdiction? There is no comprehensive federal law that governs data privacy in the United States.
Federal Circuit Refuses to Reconsider Its Panel Decision Finding No Common Ownership of Immunex’s Enbrel Patents
Last week, the Federal Circuit denied Sandoz’s petition for an en banc rehearing of its precedential July 1st panel decision upholding two of Immunex’s patents covering Enbrel®. As explained in the petition, Immunex was the first to make etanercept, the tumor necrosis factor (TNF) receptor fusion protein that is the active ingredient in Enbrel® (used to treat chronic inflammatory diseases such as rheumatoid arthritis, ankylosing spondylitis, and psoriasis).
Everyone Agrees – We Need a Comprehensive U.S. Privacy Law | JD Supra
On Wednesday, the Senate Committee on Commerce, Science and Transportation conducted a hearing to revisit the potential for a national data privacy standard. While the Committee had met last December to discuss what Congress should consider when drafting a federal privacy bill, the game has since changed.
Everyone Agrees – We Need a Comprehensive U.S. Privacy Law | LexBlog
On Wednesday, the Senate Committee on Commerce, Science and Transportation conducted a hearing to revisit the potential for a national data privacy standard. While the Committee had met last December to discuss what Congress should consider when drafting a federal privacy bill, the game has since changed.
Everyone Agrees – We Need a Comprehensive U.S. Privacy Law | Privacy Zone
On Wednesday, the Senate Committee on Commerce, Science and Transportation conducted a hearing to revisit the potential for a national data privacy standard. While the Committee had met last December to discuss what Congress should consider when drafting a federal privacy bill, the game has since changed.
Sept. 23rd Senate Committee Hearing on Federal Data Privacy Legislation | JD Supra
Is a U.S. federal privacy law on the horizon? This morning, September 23rd at 10:00 a.m., U.S. Senator Roger Wicker (R-Miss.), chairman of the Committee on Commerce, Science, and Transportation, will convene a hearing titled, “Revisiting the Need for Federal Data Privacy Legislation.” The hearing will examine the current state of consumer data privacy and legislative efforts to provide baseline data protections for all Americans.
Sept. 23rd Senate Committee Hearing on Federal Data Privacy Legislation
Is a U.S. federal privacy law on the horizon? Tomorrow, September 23rd at 10:00 a.m., U.S. Senator Roger Wicker (R-Miss.), chairman of the Committee on Commerce, Science, and Transportation, will convene a hearing titled, “Revisiting the Need for Federal Data Privacy Legislation.” The hearing will examine the current state of consumer data privacy and legislative efforts to provide baseline data protections for all Americans.
Who’s Zoomin’ Who? Privacy and Data Security Concerns over Stay-at-Home Video Conferencing
By now, most of us have participated in at least one videoconference from the comfort of our homes, be it for a work meeting, a fitness class, or a virtual happy hour with friends across the country. Easing the transition from business-as-usual to social distancing and sheltering-in-place, these video communications platforms and apps have no doubt helped us stay connected and productive as we settle into the new normal of staying indoors indefinitely.
The Costs of Giving Away Your DNA
Last week, 23andMe, the direct-to-consumer genetic testing service, announced its strategic license agreement with Almirall, a leading global pharmaceutical company, for the rights to a bispecific monoclonal antibody designed to treat Il-36 cytokines in autoimmune and inflammatory diseases. The antibody was discovered by 23andMe’s Therapeutics team, using the genetic information from more than 8 million personal testing kits from customers who consented to use of their data for genetic research.
The Costs of Giving Away Your DNA | Lexology
Last week, 23andMe, the direct-to-consumer genetic testing service, announced its strategic license agreement with Almirall, a leading global pharmaceutical company, for the rights to a bispecific monoclonal antibody designed to treat Il-36 cytokines in autoimmune and inflammatory diseases. The antibody was discovered by 23andMe’s Therapeutics team, using the genetic information from more than 8 million personal testing kits from customers who consented to use of their data for genetic research.
Humira®’s Wall of Patents Continues to Come Under Attack
On November 6, 2017, Sandoz, Inc. filed its eighth inter partes review (“IPR”) against AbbVie Biotechnology Ltd. (“AbbVie”), challenging yet another patent from the Humira® patent portfolio.
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