The MedImmune v. Genentech ruling provides a significant new protection to patent licensees and potential licensees
Sep 1, 2007
By:
Jennifer Carter
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In light of these recent decisions, patent holders must devise new strategies for patent enforcement and licensing.  A new patent application can be rejected over an existing patent that was not publicly available when the new application was filed. Sometimes, this can be resolved by adding a negative disclaimer to the new filing.
Jun 1, 2007
By:
Judy M. Mohr, Gina Freschi
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Addition of a disclaimer to a claim, based on words not present in the application as filed, is referred to as an undisclosed disclaimer. Properly conducted IP due diligence provides a potential acquirer with information that is critical in assessing the value, price, or other key elements of the transaction
Mar 1, 2007
By:
Sergio Garcia
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Although IP due diligence is relevant to virtually any transaction between biotech companies, a detailed investigation into IP assets is particularly critical to M&A transactions. IP stakeholders should focus on both patent procurement and enforcement strategies to maintain harmony between IP assets and company business strategy
Jan 1, 2007
By:
David A. Gay, William Gaede
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The Act will establish third party rights to challenge the validity of a patent through postgrant opposition proceedings.
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