Powell Gilbert’s Post

Judge Brinkman at the Unified Patents Court has recently issued a significant decision on the patentability of a mushroom strain, offering key insights into the court's interpretation of "genetic identity" and its approach to provisional measures, such as interim injunctions. This decision provides important guidance on how the UPC handles patent disputes. Dave Holt and Marianna Foerg provide an in-depth look at Amycel LLC’s patent case and the court’s rulings 👉 https://lnkd.in/eigvxsAH #UnifiedPatentCourt #UPC #PatentLaw #IntellectualProperty

The Paris Central Division has rejected a request for a stay of revocation proceedings before the UPC, pending the outcome of European Patent Office Opposition proceedings concerning the same patent. Learn more from Charlotte Wallace 👉 https://lnkd.in/exCcCSbq #IntellectualProperty #Patents #UnifiedPatentCourt #UnitaryPatent

We're thrilled to announce the publication of our latest article in IAM's "The Guide to Life Sciences: Key Issues for Senior Life Sciences Executives 2024." Dive into "How to Take Advantage of Both EPO Prosecution and German Enforcement", expertly written by Markus Grammel, Sebastian Ochs, and Elena Biselli, Dr. rer. nat. Discover valuable insights and strategies to navigate the complexities of patent law in the life sciences sector. Don't miss out—read the full article here: https://lnkd.in/geWAmp9U #lifesciences #patentlaw #EPO #germanenforcement #innovation

Sterne Kessler’s David Holman and Louis Panzica Jr discuss the intricacies of prior art under the AIA in their Law360 article “A Look at the PTAB’s Assessment of Prior Art Exceptions.” https://lnkd.in/eG3ZSc25 The authors explore how the Patent Trial and Appeal Board evaluates prior art exceptions under Section 102(b) and the implications for patent owners. #Patent #PTABLitigation #PriorArt

13 months ago, the launch of the Unified Patent Court was a significant moment in the European Patent Landscape. Recently, I collaborated with my colleague Andreas Keymer to provide an in-depth analysis of the first year of the UPC. If you're interested, you can read more about it here: https://lnkd.in/eAwhYqfw #UnifiedPatentCourt #EuropeanPatentLandscape #UPC #Patents #IntellectualProperty

Reyda IP Attends the Unified Patent Court (UPC) First Year Review Conference: Key Discussions and Future Prospects https://wix.to/kU2nbTw #patent #europeanpatent #unitarypatent #unitarypatentcourt #upc #intellectualproperty #patents #europeanpatents #unitarypatents #patentlitigation

Rothwell Figg partner Aydin H. Harston is recommended for Patent Prosecution in the D.C. Metro Area by the IAM Patent 1000, a ranking shining a spotlight on firms and individuals deemed outstanding in the area of patent law. Aydin, who holds a Ph.D. in biochemistry, integrates scientific expertise with legal experience to help his clients grow, protect, and defend the intellectual property that powers their businesses. Learn more about Aydin: https://lnkd.in/e49rQAf7 #patentprosecution #patentlaw #IAMPatent10002024 #patentattorney

Why do Daubert decisions matter so much in Mass Torts? In all litigations the Plaintiff has the burden to prove their case. In complex Mass Torts with scientific information, this involves a number of experts. In order to have expert admitted in federal court to be allowed to present their opinions to the jury, the expert's opinion must meet certain requirements. The Daubert Standard, established in 1993 in Daubert v. Merrell Dow Pharmaceuticals, provides the framework where a trial court judge evaluates the reliability and relevance of expert testimony before it is allowed to be presented to the jury. In essence, the judge serves as a "gatekeeper" of the scientific evidence to see what can and what can't be shown to the jury. The idea is to prevent "junk science" from being presented to the juror that could improperly sway their decision. Sometimes a Mass Tort judge rules quickly on Daubert motions like we saw in the Zantac MDL and sometimes the judge take longer like we see in Paraquat. In a Mass Tort, if Plaintiffs are able to satisfy their burden and get experts admitted under Daubert, this is a monumental decision and strongly swings the litigation in favor of Plaintiffs. It is much less risky to get involved post-Daubert as you know the cases will be able to proceed to the jury. The Mass Tort world is awaiting decisions Daubert decisions in Tylenol and Paraquat that will determine the faith of those litigations. #joedoeslaw #masstorts #daubert

In this Law360 article, Sanjay Murthy and Chris Tuinenga look at the EU’s Unified Patent Court a year after its highly anticipated launch. The pair explore why there has been a high opt-out rate, especially from large U.S.-based life sciences companies. Sanjay and Chris explain why they think many life sciences companies have opted out and what they anticipate the path will be moving forward. Read their article here: https://bit.ly/4cO7FKu #IntellectualProperty #IPLaw #IP

In T1762/21 the European Patent Office Board of Appeal considered how intermediate generalizations should be assessed for added matter and when features are or are not inextricably linked. Read everything you need to know about this case here: https://lnkd.in/eBb-mX6V Every month NLO provides its clients and contacts with a selection of case law from the Boards of Appeal of the European Patent Office. Would you like to receive this newsletter? Hit the subscribe button below via the link above.           #caselaw #epo #patents