Showing posts with label bio. Show all posts
Showing posts with label bio. Show all posts
Saturday, August 19, 2017
BIO Files Amicus Brief Supporting Eli Lilly Petition for En Banc Rehearing of Sun Lilly
BIO Files Amicus Brief Supporting Eli Lilly Petition for En Banc Rehearing of Sun Lilly
Yesterday the Biotechnology Industry Organization filed an amicus brief supporting Eli Lilly in its petition for en banc rehearing of Sun v. Lilly, a recent Federal Circuit decision pertaining to the doctrine of obviousness-type double patenting, and discussed in a previous post. I participated in the drafting of the BIO amicus brief, a copy of which can be found here.
Available link for download
Monday, August 14, 2017
BIO and PhRMA File Amici Brief Urging En Banc Reconsideration of Ariosa v Sequenom
BIO and PhRMA File Amici Brief Urging En Banc Reconsideration of Ariosa v Sequenom
The Biotechnology Industry Organization (BIO) and the Pharmaceutical Research and Manufacturers of America (PhRMA) have jointly filed an amici brief curiae brief urging the Federal Circuit to grant en banc rehearing of Ariosa v. Sequenom. The brief is available here. I am the counsel of record.
BIO and PhRMA are concerned that the development and commercialization of a range of biotechnology and pharmaceutical innovations will be impeded if the Federal Circuit does not address the mounting uncertainty currently afflicting patentable subject matter jurisprudence. The brief points out the critical importance of effective patent protection for biotechnology and pharmaceutical innovators, and the current unprecedented level of uncertainty with respect to the scope of patent eligible subject matter. This uncertainty is affecting both the patent user community and the PTO, which has responded with an ongoing stream of revised and re-revised non-final and interim guidance documents. With each new PTO Guidance, BIO members have observed an increasing rate of claim rejections, affecting a diverse range of biotechnology, including novel antibiotic molecules, industrial enzymes, diagnostic processes, and crop production products.
The unsettled state of the law has also created doubt as to whether issued patents will be able to withstand challenge. The brief points out that the vast majority of judicial decisions addressing patent eligibility under the recently articulated standards have resulted in a determination of ineligibility. For example, Appendix 3 of the recent PTO “July 2015 Update: Subject Matter Eligibility,” identifies 24 post-Mayo subject matter eligibility cases decided by the Federal Circuit, of which 22 held allof the challenged claims to be patent ineligible.
The brief urges the court to clarify the contours of both Step I and Step II of theMayo two-step test for patent eligibility. It posits that the Supreme Court would not have articulated a two-step test if it did not intend the first step to serve some meaningful gatekeeping function, but that under the standard applied by the panel it is difficult to see how any analytical or detection method would ever not satisfy Step I, so long as that method is designed to detect something that occurs naturally. With regard to Step II, the brief asks for clarification with regard to the proper application of the “inventive concept” and “preemption” standards of patent eligibility. As an example, the brief discusses the practical challenges facing the inventor of a new diagnostic test under the new patent eligibility jurisprudence.
In its recent decisions the Supreme Court apparently assumed the existence of limiting principles that would maintain patent eligibility for truly meritorious inventions (this was Judge Linn’s characterization of Sequenom’s claimed invention in his concurring opinion), even if that invention can be deconstructed into a combination of natural phenomena and conventional technology. The brief argues that en bancreconsideration would allow the Federal Circuit to address the nature of these limiting principles suggested in Mayo. Alternatively, if the court finds that Supreme Court precedent does not provide for limiting principles that provide a meaningful opportunity for patenting important biotechnology innovations, that would suggest a need for the Supreme Court to readdress the contours of patent eligibility in the context of biotechnology. Ariosa v. Sequenom would be an appropriate vehicle for alerting the Supreme Court to the urgent need for this clarification.
Available link for download
Sunday, June 18, 2017
BIO Podcast The Role of Patents in a Pathway for the Approval of Biosimilars
BIO Podcast The Role of Patents in a Pathway for the Approval of Biosimilars
I was recently interviewed by Hans Sauer, Associate General Counsel for Intellectual Property at the Biotechnology Industry Organization (BIO), on the role of patents in proposed follow-on biologic legislation currently being considered by Congress. The interview is posted as a podcast here.
Other BIO podcasts can be found at BIOtech NOW.
Available link for download
Tuesday, May 23, 2017
Bio Inc Biomedical Plague v1 54 Ads Free Unlocked Apk
Bio Inc Biomedical Plague v1 54 Ads Free Unlocked Apk
As a member of the UC Investment Advisory Group for the last several years, I have tried to push for socially responsible investing and have had little luck, but September 9th marked a new day. Out of nowhere, the Chief Investment Officer mentioned that the university was no longer invested in coal and guns. After I pushed him on what this meant, one of the other members seemed quite bothered, and he wanted to be assured that the university is making investment decisions based on economics and not morality. The CIO assured him that the move away from coal and guns made economic sense, but still the university was now pursuing a sustainable investment strategy.
Some have called Harvard a Hedge Fund with a school attached, because it has over $36 billion in its endowment, but the UC holds over $100 billion in its retirement funds, endowments, and working capital funds. This large amount of money can be used for good, or it can be used for darker purposes, but one thing for sure, it makes the university an important global finance player. Of course, we should all ask what it means when a public university enters global finance.
On my pessimistic days, I remember being lectured by fellow members about the need to focus on returns and not trying to make any social statements by our investment choices. The argument here appears to be that capitalism is essentially amoral, and so we must think and act in an amoral way. When you extend this logic to the university itself, a public institution with a public mission is driven by an anti-public ideology. Moreover, as finance has become globalized and its power and valuations exceed the traditional productive and consumer economies, we must realize that we have entered a new stage of capitalism and social organization. In this era of multinational corporations and central banks circulating trillions of dollars of credit, we have to understand that the old world of democratic institutions and nation-states is being eclipsed.
A glimmer of hope emerged for me at the last investment meeting because the CIO was making the argument that we can earn a high rate of return and do good at the same time. Of course, this combination of profit and moral advancement can be a smokescreen to hide naked greed, but it is possible for people to take advantage of this new rhetoric of socially responsible investing. In other words, as our economies become globalized and integrated into a financialized market, we can steer the circulation of capital in a positive direction.
In perhaps one of the most surprising conversations I have ever heard at a UC investment meeting, Regent Makarechian started to drill the CIO about the relation between investing and human rights. I believe the regent even asked if we are investing in companies with good labor conditions. It was clear that the group was pretty uncomfortable with the discussion, but I see this moment as an opportunity.
Clearly, individual nations cannot deal with global climate change, tax evasion, international labor standards, migration, or terrorism on their own. Moreover, our democratic institutions are being transcended by multinational corporations, global elites, undemocratic central banks, and the World Trade Organization. Is it possible that our only hope is a shareholders revolution where huge pension and sovereign wealth funds transform amoral capitalism into socially responsible investing?
Available link for download
Saturday, April 22, 2017
Bio Inc Biomedical Plague Full v2 067 Apk Mod Mejoras Gratis Datos Android
Bio Inc Biomedical Plague Full v2 067 Apk Mod Mejoras Gratis Datos Android
Bio Inc es un simulador de estrategia biomédica en el que tú determinas el último destino de una víctima mediante el desarrollo de la enfermedad más letal posible. Actualiza tus enfermedades, factores de riesgo de sobrealimentación y ralentiza la recuperación de tu víctima antes de que un equipo de médicos altamente motivados encuentre una cura y lo salve.
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Available link for download
Saturday, April 8, 2017
Bio Inc Biomedical Plague v1 04 1 Ads Free Unlocked
Bio Inc Biomedical Plague v1 04 1 Ads Free Unlocked
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Bio Inc. - Biomedical Plague v1.04.1 (Ads-Free/Unlocked) by AndroidHack
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Available link for download
Tuesday, March 21, 2017
Bio Inc Biomedical Plague Full Apk Mod Free improving Data v2 067 for Android
Bio Inc Biomedical Plague Full Apk Mod Free improving Data v2 067 for Android
Bio Inc Biomedical Plague Full apk is a Simulation Game far Android.
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Bio Inc Biomedical Plague Full Apk + Mod (Free improving) + Data v2.067 for Android was last modified: November 23rd, 2015 by
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