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The Legal Intelligencer

Pharmaceutical Patent Term Extensions and Patent Term Adjustments: Choose Wisely

For pharmaceutical inventions, which usually undergo a lengthy FDA approval process before any drug can be sold, the most valuable portion of patent term is at the end of the patent's life, after FDA approval.
9 minute read

The Legal Intelligencer

Testing the Limits of Inherent Obviousness in Patentability

In this article, we briefly review the doctrine of inherency, in the context of an obviousness rejection, as a bar to patentability.
9 minute read

Daily Report Online

Hank Johnson Chairs 'Lost Einsteins' Hearing for House Panel

A Georgia Tech professor spoke during the hearing exploring how the lack of racial and gender diversity among inventors has a cost to the U.S. economy.
6 minute read

National Law Journal

Six Takeaways From House Judiciary's 'Lost Einsteins' Hearing

The subcommittee on courts, IP and the internet explored how the lack of racial and gender diversity among inventors has a cost to the U.S. economy.
6 minute read

The Legal Intelligencer

Guidance Regarding a Standing Requirement for IPR Appeals in 2 Recent Pharma Cases

Thanks to recent decisions by the U.S. Court of Appeals for the Federal Circuit (CAFC), we have clarity that both requirements must be met to appeal an adverse final written decision issued during that IPR, and we also have some guidance as to how these requirements will be determined in such cases.
8 minute read

The Legal Intelligencer

Government Delays, Shutdowns and Slowdowns—How They Affect IP Rights

Damage assessments of the partial government shutdown, the longest in U.S. history, place the cost of the government shutdown to the U.S. economy between $6 billion and $11 billion. Although the threat of another shutdown seems to have passed for now, speculation continues to abound as to what catastrophes await in the event of another government shutdown.
8 minute read

The Legal Intelligencer

Negative Trade Secrets—What Doesn't Work Actually Has Value

You go to a restaurant and order apple pie. It's the best apple pie you've ever eaten. You want the recipe. You can either ask for it or reverse engineer it. So far so good. But what if you wanted to make an apple pie that was even better? Knowing the recipe will only take you so far. What would really help is knowing what didn't work.
4 minute read

New York Law Journal

The Rise of the Big Data Trolls: Will Opportunism Lead to a Sharp Increase in Big Data and IoT Litigation?

In his Patent and Trademark Law column, Rob Maier writes: As patent troll filings continue to fall, companies should expect plaintiffs' lawyers and funders to continue to seek out other opportunities. One such opportunity may be found in claims arising from the mass storage of data in Big Data and IoT systems. Much to the chagrin of concerned corporate counsel and compliance officers, we may be witnessing the rise of the Big Data trolls.
8 minute read

Corporate Counsel

DOJ's Antitrust Chief Shares Insight on DOJ, FTC Divide and More in Latest Clause 8 Podcast

Clause 8's Eli Mazour sat down with Makan Delrahim, assistant attorney general for the Antitrust Division of the U.S. Department of Justice.
3 minute read

The Legal Intelligencer

Patent Litigation in the Cannabis Industry—2 Cases to Review

Law students are taught that one purpose served by the civil legal system is to provide predictability in business. For the cannabis industry, predictability remains a work in progress in view of conflicting federal and state laws and regulations.
8 minute read

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