Health Canada’s Statistical Report 2022-2023: Analyzing Trends in Pharmaceutical Regulations and Data Protection

The Office of Patented Medicines and Liaison of Health Canada recently released its Statistical Report for the fiscal year ending March 31, 2023. It encompasses information related to Patented Medicines (Notice of Compliance) Regulations, Data Protection (C.08.004.1 of the Food and Drug Regulations), and Certificates of Supplementary Protection. This document, released on June 23, 2023,…

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PERA 2023: A Turning Point for Medical Diagnostic Patent Eligibility in the US

In a world increasingly dominated by advanced technologies and scientific breakthroughs, determining patent eligibility for innovations has been a longstanding challenge. However, there is now a significant development hinting at the potential simplification of patenting medical diagnostics in the United States. The introduction of the recent bill, the Patent Eligibility Restoration Act of 2023 (PERA),…

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CRISPR Gene Editing Patent Dispute: CVC Files Response and Reply Brief in Ongoing Battle with Broad Institute

In the latest developments, the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively known as “CVC”) have filed their response and reply brief on May 19th in the face of an ongoing consideration by the Patent Trial and Appeal Board (PTAB). This action comes as an appeal against an unfavorable decision on…

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FDA Approves Regeneron’s EYLEA HD® Injection for Eye Conditions: wAMD, DME, and DR Treatment Advances

On August 18, 2023, Regeneron Pharmaceuticals, Inc. announced that the Food and Drug Administration (FDA) granted approval for EYLEA HD®, an 8 mg injection of EYLEA® (aflibercept). The cutting-edge treatment was developed in conjunction with Bayer A.G. and has proven potential in addressing serious eye conditions such as wet age-related macular degeneration (wAMD), diabetic macular…

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Global Food Tech Trademark Expansion: Navigating the Legal Landscape in Alt-Animal Products Market

The increasing consumer demand for alternative animal products, colloquially known as “alt” animal products, has dramatically escalated the number of food tech companies committing to this market. As these entities continue to diversify and build their patent portfolios, they are also focusing on registering trademarks for their company names and alt-animal products across multiple jurisdictions….

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Lewis Silkin Acquires Miller Sturt Kenyon, Expanding Global IP Legal Services

In a strategic move to expand internationally, Lewis Silkin, a leading law firm in the U.K., has acquired the intellectual property firm, Miller Sturt Kenyon (MSK). Known for its prominence in patent and trademark services, MSK extends its services across multiple regions including Germany, France, Belgium, and England. By this purchase, Lewis Silkin, traditionally focusing…

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Teaching Away Ruling Clarified and Commercial Success Redefined in Incept LLC vs. Palette Life Sciences Case

Legal professionals, particularly those involved in patent dispute cases, may find the recent development in the Incept LLC vs. Palette Life Sciences, Inc. case both interesting and potentially significant. The premise of the case revolved around the principles of “teaching away” and how the notion of “commercial success” is discerned in the patent law context….

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FDA Approval of Tysabri Biosimilar Signals Key Milestone for Affordable Drug Alternatives

The United States Food and Drug Administration (FDA) has recently approved the biosimilar for Tysabri®, developed by Sandoz. JD Supra reports this as an important milestone in biosimilar drug production. It wasn’t long ago when the approval process and introduction of biosimilar drugs to the marketplace was moving at a slow pace, causing increasing worry…

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Navigating the Biopharma Intellectual Property Maze: Key Insights from KTIPS Seminar

The landscape of intellectual property law, particularly in the biopharma industry, continues to rapidly evolve with technological advancements and legislative reforms. Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco, where firm attorneys led interactive discussions on these developments. Among the key topics discussed at KTIPS were enablement, written…

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Navigating the Evolving Landscape of Intellectual Property Law: Key Takeaways from KTIPS Seminar

In a semi-annual intellectual property seminar – KTIPS – held by Kilpatrick Townsend in San Francisco, firm attorneys led two days of interactive discussions on the latest developments in the field. It was an opportunity for legal professionals to gain insight into the current state of intellectual property law, potential future changes, and corresponding challenges…

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Unified Patent Court Central Division Sets Precedent in Revocation and Infringement Action Filings

In a significant recent move, the Unified Patent Court’s Central Division has dismissed a preliminary objection during its first oral hearing. The hearing took place following the filing of a revocation action in the Central Division, while a parallel infringement action was filed in a local division. The case in question pertains directly to stipulations…

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AI-Generated Content Deemed Non-Copyrightable: A Legal Setback for Inventor Stephen Thaler

For years, Stephen Thaler has been battling legal systems in his quest to acquire patents and copyrights for works created by his Artificial Intelligence (AI) systems. Despite a series of failures, Thaler remains undeterred, continuing to pursue this unconventional litigation journey. Recently, Thaler attempted to sue the Copyright Office and the Register of Copyrights, Shira…

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Federal Circuit Clarifies Inclusion of New Evidence in IPR Proceedings: Rembrandt Diagnostics v. Alere Case Analysis

In a recent legal development clarified by the US Court of Appeals for the Federal Circuit, a ruling was passed addressing the inclusion of new evidence in petitioner replies during inter partes review (IPR) proceedings. The case in question involved Rembrandt Diagnostics, LP v. Alere, Inc., a dispute with far-reaching implications for how evidence is…

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5G Automotive Licensing Accelerates as Automakers Join Avanci Patent Pool

In 2021, General Motors struck a deal with AT&T with the ambitious goal of using the network’s 5G capabilities to revolutionise the in-car experience. This included significant steps towards the development of fully autonomous vehicles, albeit currently feeling like a distant goal. Notwithstanding, there are numerous advantages to be reaped from enhanced 5G communication technology…

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