Work Area: Litigation

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The implications of MedImmune v Genentech

“You can’t have it both ways.” Not so (atleast if you are a patent licensee), declaredthe United States Supreme Court in its 9thJanuary 2007 decision in MedImmune Inc vGenentech Inc. In its eagerly anticipatedopinion, an eight-to-one majority of the Courtdecided that a patent licensee can sue tochallenge the validity of the underlying patenteven while continuing to comply fully with theterms of the licence.

16 February 2007

Intellectual property – a strategic asset and a strategic threat

Intellectual property – and its effective generation, exploitation and management throughout the world – is often the lifeblood of an enterprise, especially in thepharmaceutical and biotechnology sectors. One person’s right is nonetheless another’s restriction and the threat of competitive IP may present a looming spectre ready toerode business value.

16 February 2007

Biotechnology case law developments in Europe

This article analyses European case law onthree specific biotechnological issues:• The exclusion from patentability ofessential biological processes appliedto plants.• The exclusion from patentability ofdiagnostic methods.• The industrial applicability of a nucleicacid sequence.

16 February 2007

Key IP issues in collaborative research in France

The transformation of scientific knowledge into exclusive property rights stimulates and promotes further research. For this reason, anyone wishing to enter into a collaborative research project should take a number of practical steps in order to protect the ensuing intellectual property rights and anticipate the ownership and exploitation of those rights.

16 February 2007

China: developing and commercialising life sciences innovations

The life sciences industry incorporates a number of sub-sectors. This article focuses on the pharmaceuticals and medical devices sub-sectors of the life sciences industry.Investment in the life sciences (both domestic and foreign) is growing exponentially in China.

16 February 2007

Research exemptions: do patents inhibit biomedical innovation?

The case of Integra LifeSciences v MerckKGaA has revitalised debate over whetherbasic research should be subject to claimsof patent infringement. While it is oftenbelieved that patents do not apply to thoseperforming basic research – particularly inan academic setting – this assumption iscontrary to the explicit wording of the patentstatutes.

16 February 2007

Integrated IP management technologies: the means to more ends

One of the primary characteristics of well-run organisations is that they continually strive to do better. Universities and research organisations increasingly understand the potential commercial value they are creatingin the labs. At the same time, they are coming to realise that they must emulate competitively successful enterprises in order to capitalise on that value.

16 February 2007

The keys to building a strong patent portfolio

Patents are important in that they createvalue. The value may be reflected byproviding a source for strategic collaborationor alliance – for example, pharmaceuticalgiant and biotechnology companycollaborative efforts.

16 February 2007

Intellectual property and the fight against counterfeit drugs

Counterfeit drugs, and the criminalbusinesses of making, distributing andselling them, are a global scourge. RecentWorld Health Organisation (WHO) estimatessuggest that while in some developingcountries more than 30% of medicines arecounterfeit, in developed countries witheffective regulatory mechanisms and marketcontrols counterfeits account for less than1% of the market value.

16 February 2007

Due diligence for a successful acquisition

Today’s pharmaceutical and life sciencescompanies are more focused on investmentand collaboration than ever before. Theirenvironment and peers are now truly globalrather than national; this has created asituation where acquisitions and mergers aretaking place under shortened time constraints.

16 February 2007

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