Opinions of Counsel & Freedom to Operate: Are They Relevant Again?

An Opinion of Counsel or Freedom To Operate (FTO) opinion though not legally required often, is a good business practice. First, a company may seek the FTO opinion for due diligence, merger & acquisition, and for other deal-making needs. For many companies, a question exists: “If we launch this product into the marketplace, will we […]

2021 Post-COVID Trends in Patent Litigation

Though we don’t know when, someday life will return to normal. And we may redefine what the new normal is. But we do know that patent litigation will persist. Therefore, we can examine some post-COVID trends.  In-Person Court Hearings and Trials Over the last year, we got used to conducting all hearings and even trials […]

Patent and FDA Strategies for Psychedelics, Psilocybin, and Cannabinoids

Magic mushrooms and pot. Yes, currently people use them for illicit reasons. But the compounds in them are now being investigated for typical pharmaceutical therapeutic properties. And how can investigators protect that R&D investment? We look at some strategies relating to psilocybin (the prime compound in magic mushrooms) and cannabidiol (CBD) found in pot to […]

Patent Appeals to the Federal Circuit Court of Appeals

The U.S. Court of Appeals for the Federal Circuit (CAFC) has exclusive jurisdiction over patent law appeals. That means that it is the sole appeals court for appeals out of the Patent Office and out of the federal trial courts. An appeals court is exactly that; a court of appeals, not another court of first […]

Litigating in the COVID Environment – Lessons Learned

Obviously the coronavirus pandemic has affected and continues to affect all aspects of the economy. The legal industry is no different. We are IP and FDA litigators. To this end, we can share some our insights on effective litigation during this pandemic. Lawsuits Have Not Decreased Our work is primarily in the fields of IP, […]

Microbiome and IP Issues in the Microbiome

Not All Types of IP Are Created Equal When It Comes to Patent Protection Protecting intellectual property (IP) is a priority for companies in the life sciences industry due to the significant revenue potential. But not all types of IP are created equal when it comes to patent protection. To be patentable, a product must […]

Coronavirus Cured? FDA/FTC Warning Letters

FDA/FTC Warning Letters Although discovering a cure for COVID-19 would certainly be welcome news, any current mention of a cure or vaccine is more likely to be fake news. Furthermore, with economic ramifications and health concerns affecting the entire global population, anyone making false claims about their product’s ability to treat or cure this deadly disease may […]

Patent Acquisition and Patent Litigation in Economic Downturn Times

How Companies Respond To An Economic Downturn During an economic downturn, companies typically respond in one of two ways. They either conserve limited cash resources, or they use the downturn as an opportunity to invest those limited resources in tomorrow. In this article, we discuss patent applications and patent enforcement and the issues involved in […]

Force Majeure Clause & Other Defenses in Contract Law Because of Covid-19

The Global Impact of Covid-19 Cannot Be Understated The global impact of Covid-19 cannot be understated. Businesses are shut, employees are at home, and the supply chain is breaking. What rights do parties in a contract have because of the Covid-19 impact? Force majeure clauses and other principles of contract law are discussed here. Covid-19 […]