Blog

Dr. Anthony Sabatelli, head of Dilworth IP’s Pharmaceutical and Biotech Patent Practice, will be hosting the second of this year’s Dilworth IP Webinar Seminars. This session, entitled At the Intersection of Patent and Regulatory Law – Navigating the Challenges for Pharmaceuticals, will address the special challenges pharmaceutical products present for companies and their multidisciplinary teams. These challenges exist because pharmaceuticals, unlike most other chemical products, sit at the intersection of patent and regulatory law. In this webinar, Dr. Sabatelli will provide a basic introduction to the applicable patent and regulatory laws, focusing on their interplay over the product life cycle of a pharmaceutical product, from its inception in the lab, through R&D, human clinical testing, marketing, and eventual generic competition. Concepts such as patent term extension (35 USC 156), and the regulatory and market exclusivity periods granted upon approval of a NDA (21 USC 355) will be discussed. An example of a timeline for a pharmaceutical product will be presented to illustrate the fascinating interplay of these concepts and their importance for those multidisciplinary teams needing to make high stakes business decisions.

Dilworth IP’s Dr. Jonathan Schuchardt has recently had an article published in the bi-monthly publication IP Litigator. His article, entitled “The Federal Circuit Sees Nova’s Light,” considers the effects of the Supreme Court’s decision in Nautilus Inc. v. Biosig Instruments, Inc. on the issue of “indefiniteness,” especially with regard to previous cases involving patents filed by Dow Chemical.

Dr. Anthony Sabatelli, chair of Dilworth IP’s Pharmaceutical and Biotechnology group, and Mr. Frederick Spaeth, who leads the Firm’s trademark practice, will together be presenting two upcoming talks on the basics of Intellectual Property law geared toward entrepreneurs and inventors. The first of these will be on Thursday, January 21st [time?]at the University of Connecticut’s Technology Incubation Program (TIP) in Farmington, CT; the second will be the following day, Friday, January 22nd, [time?] at Yale University’s Entrepreneurial Institute (YEI), for which Dilworth IP is a corporate partner, in New Haven, CT. Anthony and Fred will be discussing key events over the life of a patent, common concerns of the patent process, and patentability in biotechnology and IT/software. Admission to both events will be free, but early registration is required.

Dr. Jonathan Schuchardt of Dilworth IP will be presenting an upcoming Strafford webinar focusing on the evolving obviousness standard of the USPTO. Obviousness Standard After the AIA: Leveraging Latest PTO and Court Guidance – Overcoming Challenges of Obviousness and Attacks on Patent Validity will be presented on January 21, 2016 from 1:00 to 2:30 PM (EST)

Dilworth IP’s Senior Patent and Trademark Paralegal, Theresa Doonan, will be participating in a panel discussion on Connecticut’s opiate addiction crisis this Monday, January 11th at Sacred Heart University in Fairfield, CT. Theresa is the co-founder of the Connecticut Heroin Task Force and HeroinKillsCT which were each founded to address and actively respond to the growing epidemic of heroin addiction in Connecticut

Early last month, the Jackson Laboratory for Genomic Medicine in Farmington, CT held its second annual symposium “Microbiome Meets Cancer and Immunology.” This year’s event came on the heels of the formation of the Unified Microbiome Initiative (UMI), a consortium of microbiome researchers from across the country that includes JAX Professor and Director for Microbial Genomics George Weinstock.

Recognizing the potential of microbiome research to improve human health and generate novel technologies, a consortium of microbiome researchers from across the country announced the formation of the Unified Microbiome Initiative (UMI). The group, which includes George Weinstock, Professor and Director for Microbial Genomics at The Jackson Laboratory, made their announcement in the October 30 issue of Science. To advance microbiome research, the UMI calls for the development of new technologies and tools, including improved DNA sequencing, computational, and imaging methods. The UMI also advocates for additional and sustained collaboration among scientists in the field.

The Supreme Court’s decision altering the standard for claim indefiniteness in Nautilus Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014), arrived too late to rescue Nova Chemicals from the jaws of Dow Chemical’s patent infringement suit related to linear low density ethylene copolymers. However, Nova enjoyed a measure of revenge when the Federal Circuit reversed the award to Dow of supplemental damages for Nova’s activities during January 2010 through October 2011. The court decided the case correctly, but its rationale tilts too far in Dow’s favor. The decision reminded me of another odd figure in an earlier Dow polyethylene patent.

Research into the microbiome focuses heavily on bacteria living in the gut, which houses more bacteria than any other organ. These bacteria are being studied not only because they play a role in gastrointestinal disorders like Inflammatory Bowel Disease (IBD), Crohn’s Disease, and colorectal cancer, but also because they can influence diverse and distal organs. The gut-brain-axis – the term for the neurochemical pathway between the intestine and the brain – is a prominent example of such a relationship. As the research is starting to progress in this area, we are also beginning to see patents relating to this area.

Chemical methods of EOR recovery generally include polymer flooding, chemical flooding, liquid carbon dioxide flooding, and hydrocarbon displacement. Additives used in this area employ a variety of mechanisms, e.g., a reduction in the oil-water interfacial tension, alteration of surface wettability, and the use of high viscosity agents for mobility control. The objective is generally to increase the mobility of the oil phase relative to the water used in flooding the well to maximize oil recovery. To improve operability and performance, EOR applications sometimes use a combination of surfactant and polymer, known as “SP” formulations and alkaline, surfactant and polymer systems, known as “ASP” formulations.