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Theodore Brown III

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Articles by Theodore Brown III

Enabling Biotech Genus Claims Defined Only by Function — A Nearly Impossible Goal — Baxalta Incorporated v. Genentech Inc. (Fed. Cir. Sept. 20, 2023) | JD Supra

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By Theodore Brown III, Yifan Mao
| JD Supra
In the aftermath of Amgen v. Sanofi,1 courts continue to invalidate genus claims for lacking enablement. Baxalta Incorporated v. Genentech Inc.2 shows that it is nearly impossible to meet the enablement requirement for claims only reciting the activity of an antibody. Balxalta Inc. and Baxalta GmbH (“Balxalta”) own United States Patent No. 7,033,590 (filed Apr. 25, 2006).
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USPTO Announces COVID-19 Provisional Application Pilot Program | JD Supra

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By Theodore Brown III, Andrew Serafini Ph.D
| JD Supra
The United States Patent and Trademark Office (USPTO) announced a new COVID-19 Provisional Application Pilot Program (PAPP) on Wednesday, September 16, 2020. The USPTO will defer the provisional application filing fees for up to twelve months for applications disclosing a product or process related to COVID-19 that are subject to an applicable FDA approval for COVID-19 use, whether such approval has been obtained, is pending, or will be sought prior to marketing.
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U.S. Patent and Trademark Office Again Extends Certain Deadlines to September 29, But Still Only For Some. | JD Supra

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By Theodore Brown III, Andrew Serafini Ph.D
| JD Supra
Section 12004 of the CARES Act allows the director of the United States Patent & Trademark Office (USPTO) (under certain conditions) to provide temporary relief from certain USPTO filing deadlines and fees. The USPTO previously determined that the CARES Act conditions were met, and published Notices1 on May 27, 2020, extending some of the previous deadlines and fee waivers.
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European Patent Office COVID-19-Related Extension Period Ends Tuesday, June 2, 2020 | JD Supra

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By Theodore Brown III, Andrew Serafini Ph.D
| JD Supra
We previously published an alert that the European Patent Office (EPO), had issued a Notice that extended the times to file papers that could not be filed due to disruptions caused by the COVID-19 pandemic. The EPO extended most deadlines accruing after March 15, 2020 until April 17, 2020, including deadlines for international applications under the PCT. We published an updated alert regarding these EPO extensions, which previously expired on April 17, 2020.
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U.S. Patent and Trademark Office Extends Certain Deadlines to July 1, For Some. | JD Supra

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By Theodore Brown III, Andrew Serafini Ph.D
| JD Supra
Section 12004 of the CARES Act allows the director of the United States Patent & Trademark Office (USPTO) (under certain conditions) to provide temporary relief from certain USPTO filing deadlines and fees. The USPTO previously determined that the CARES Act conditions were met, and published new Notices1 on May 27, 2020, extending some of the previous deadlines and fee waivers.
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USPTO COVID19 Prioritized Examination Pilot Program PEPP Announced | JD Supra

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By Theodore Brown III, Andrew Serafini Ph.D
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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Further Extensions for EPO Deadlines Available (Updated) | JD Supra

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By Theodore Brown III, Andrew Serafini Ph.D
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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CARES Act - U.S. Patent and Trademark Office Extends Certain Deadlines to June 1 | JD Supra

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By Theodore Brown III, Andrew Serafini Ph.D
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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Further Extensions for EPO Deadlines Available | JD Supra

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By Theodore Brown III, Andrew Serafini Ph.D
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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CARES Act US Patent and Trademark Office Additional Extensions Available | JD Supra

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By Theodore Brown III, Andrew Serafini Ph.D
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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COVID -19-Related Delays in Filing Patent and Trademark Documents | JD Supra

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By Theodore Brown III, Andrew Serafini Ph.D
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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6 Key Takeaways - Ethics Developments in California | JD Supra

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By Theodore Brown III
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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What if IPRs are Found Unconstitutional in Oil States?

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By Matthew Meyer, Theodore Brown III
| JD Supra
On November 27, the Supreme Court will hear arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. The issue is: Whether inter partes review, an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents, violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.
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