Choate Sponsors BIO IPCC Fall Conference 2013

Choate Event Announcement

 | November 6, 2013

Fall Conference and Meeting

Organization:  BIO IP Counsels Committee
Location:  Washington, DC 


Choate sponsored a half-day program at the BIO IP Counsels Committee Fall Conference and Meeting, which included the following expert panels moderated by Choate attorneys:

Brenda Jarrell, PhD, chair of Intellectual Property, moderated the panel "Does Myriad Matter?"  which addressed the impact that the Myriad decision has had on patent examination and strategies.  Topics of discussion included:  has the world changed now that "isolated" DNA is officially not patentable?  Are companies changing their IP strategies?  Is the USPTO changing its examination approach?  Has the logic of Myriad been extended to other products of nature (proteins, natural products)? Do the Myriad and Prometheus decisions together create a different value proposition for life sciences IP as contrasted with other industries? Are these decisions even meaningful, given their (necessarily?) simplistic appreciation of the technology?  What should our community do, if anything, to improve the understanding that courts, administrative agencies, and/or Congress have about life sciences technologies?

Eric Marandett, co-chair of IP Litigation, moderated the panel "Is There a New Paradigm for Indirect Infringement?" in which panelists discussed the implications of the changing legal landscape for indirect infringement.  In particular, the Federal Circuit's recent decisions in cases like Akamai v. Limelight and Commil v. Cisco have raised the bar for proving joint infringement and induced infringement.  The panel reviewed the changes in the law articulated by these cases and considered the impact on the value and enforceability of biotech patents.  For example, the panel discussed whether method of use, method of testing and method of manufacture patents still can be followed in developing and enforcing this type of patent in order to minimize the risk.

BIO IPCC serves in-house legal and IP professionals in the biotechnology industry, providing attendees with an opportunity to explore significant current and projected topics in the field.


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