Blog

Mark A. Thomas, partner at Dilworth IP, will be hosting a FREE webinar on Wednesday, June 8th at 1:00 PM (EDT). This session, entitled Two Years After Alice – A Challenging Adventure for Software Patents, will discuss the aftermath of the 2014 Supreme Court decision in Alice Corp v. CLS Bank International. Alice has grown beyond a less than satisfying Supreme Court decision to become the most significant threat to billions of dollars in software patents. This webinar will be of particular benefit to in-house counsel as it will explore recent Patent Office guidance and federal court decisions with a practical focus on protecting software and getting more patents allowed under evolving Alice standards. The webinar will also touch on the impact of Alice and how it has changed the legal landscape.

Dilworth IP is sponsoring the 2016 Biotech Bootcamp which will be hosted by the Yale Office of Cooperative Research and will be held at Evans Hall in New Haven, CT on Thursday May 12th. This one-day workshop seeks to educate Yale faculty and researchers on how to commercialize their ideas for drug discovery and biological therapeutics, with an emphasis on engaging pharmaceutical and venture capital firms by creating “fundable ideas.” The keynote speakers this year are Crystal McKellar, Managing Director & General Council at Mithril Capital and George Yancopoulos, President of Regeneron Research Laboratories.

On Wednesday, April 27, the House of Representatives voted 410-2 to approve the Defend Trade Secret Act (S. 1890). The bipartisan measure, which is supported by the White House, is expected to be signed into law in the coming days.

On May 5th, the US Patent and Trademark Office published an update to the Interim Guidance titled “May 2016 Subject Matter Eligibility Update” to provide its examining corps with additional guidelines for determining subject matter eligibility under 35 USC §101.

The publication includes a memorandum, “Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant’s Response to a Subject Matter Eligibility Rejection,” which “seeks to improve examiner correspondence with regard to subject matter eligibility rejections.” It was issued in response to public comments.

Jessica Miles of Dilworth IP will be presenting a talk for the 5th Annual Connecticut Symbiosis Meeting on Monday, May 9th at Yale’s West Campus. This annual symposium brings together researchers from Yale University, The University of Connecticut, and Jackson Laboratory who study microbes that live in close association with animals, plants, and other species. The event will highlight work in a number of research areas, including the human microbiome, microbial communities, microbiomes of insects that spread infection, and host-microbe interactions. Julia Oh, of Jackson Laboratory, will deliver this year’s keynote address. In her talk, Jessica will share her recent discovery of genes that are required for Pseudomonas aeruginosa, a common bacteria in the environment and cause of life-threatening infection in hospital settings, to grow in a fly model of infection.

Frederick Spaeth, Partner at Dilworth IP, will be speaking at the 32nd Annual Joint Patent Practice Seminar which will take place at the New York Marriot Marquis on Thursday, April 21st. The annual event is hosted by the Joint Patent Practice Continuing Legal Education, Inc. (JPPCLE, Inc.), as a one-day seminar of featured speakers who offer comprehensive and concise presentations on various recent developments in patent law; including cases, legislation and regulations. Fred’s talk will focus on the 2015 IPR case American Megatrends et al. v Kinglite Holdings, and will consider the use of a U.S. patent as prior art against an earlier filed patent in the context of an Inter Partes Review.

Frederick A. Spaeth, Partner at Dilworth IP, will be presenting a talk on how to protect intellectual property assets in an ever-evolving world of cloud-based technology. His talk will be part of a business law seminar hosted by the Greater Bridgeport Bar Association, and entitled “Intellectual Property Due Diligence for Start-Up Entities.” The event will take place on Thursday, April 14th at 1057 Broad Street in Bridgeport, CT.

With an 87-0 vote, the Senate approved the Defend Trade Secret Act (DTSA, S. 1890) on Monday. The bill, which was backed by the White House, amends the Economic Espionage Act of 1996 (EEA) to provide recourse for companies that experience trade secret theft.

Currently, the EEA criminalizes trade secret theft, but, according to Senate Finance Committee chair and bill co-sponsor Orrin Hatch (R-UT), relies on an overburdened Department of Justice for enforcement. Moreover, companies seeking redress must contend with a patchwork of variable state laws.

Dr. Anthony Sabatelli of Dilworth IP will join Dr. Susan Froshauer CEO of CURE (Connecticut United for Research Experience) for the 2016 BIO Legislative Day Fly-In on April 12th and 13th in Washington D.C. This annual event gives biotechnology executives from across the country the opportunity to discuss the most important legislative issues currently facing their industry with Members of Congress. All who attend the Fly-in will be provided with an intense legislative briefing before visiting Capitol Hill for their scheduled congressional meetings. The agenda for this year’s event will include topics involving National Institutes of Health research funding, the U.S. patent system, and Medicare reimbursement. Dr. Sabatelli, who has been attending this annual event for the past several years, said “the Fly-In is a unique opportunity for those of us advocating for the Biotech Industry to educate our legislators about issues vital to the continued health of this very important industry.”

In the last article, “Nanomedicine: A Vast Horizon from a Molecular Landscape-Part I, Introduction,” I briefly introduced the new and exciting field of “Nanomedicine” and reviewed the current funding support and areas of research and development. In this installment, I will first focus on representative companies and organizations and their researchers, and then close with a review of key interesting patents in this field.

Nanomedicine Companies

The state of Connecticut has committed significant resources in support of new innovation in bioscience and nanomedicine. Through Connecticut Innovations (“CI”), the state’s quasi-government investment fund, the state has two focused support programs: the Connecticut Bioscience Innovation Fund (“CBIF”) and the Regenerative Medicine Research Fund (“RMRF”), to facilitate the transition of bench-top innovation towards commercialization. Through CBIF, for example, the state is committed to investing $200 million over 10 years to support the research and development of local research institutes and entrepreneurs in bioscience. . These state initiatives continue to encourage the growth of nanomedicine companies.