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 […]

The Practice of Patent Law in the Age of Artificial Intelligence (AI)

The rise of “artificial intelligence” has changed the world. Patent law and litigation are no exception. This article explores several areas in the practice of law undergoing exciting changes due to the rise of AI, particularly using AI in litigation document review and then on AI in patentability.  Technology (AI) Assisted Document Review We discussed […]

Gig Economy Coming to the Legal Profession

This year-end newsletter will discuss the benefits of technology in the boutique law firm. But first we say Happy Holidays and may you, the reader, have a safe, happy, and prosperous new year. We thank you, as always, for the faith, trust, and confidence you have in us.  The Boutique Law Firm vs. Large Law […]

Beware of Sleeping Dogs – Unasserted Orange Book Patents Can Still Bite

A blockbuster pharmaceutical product is often protected by layers of patents, grouped in different patent families and often having different expiration dates due to the differences in patent filing dates, patent term adjustments, and patent term extension.  For a single product, there might be patents covering the active pharmaceutical ingredient (including different claims to impurities, […]

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, […]

Inherent Anticipation – How Certain Is Certainty?

In pharmaceutical cases, infringement defendants will argue that an asserted patent claim is anticipated or obvious. Often it is difficult to prove a patent claim obvious.Seemingly trivial and mundane modifications of the prior art could turn out to be “unexpected.”Motivations to modify the prior art could be hard to prove in a counterfactual back-in-time analysis.Who […]

Rule 12(c) Motions for Judgment Pleadings

A Fast, Cheap and Good Way to Win a Patent Case, and Pre-Litigation Considerations regarding a Rule 12(c) Motion Patent cases are costly. As a defendant, other than surrendering and take a (bad) deal to settle the case early on, is there a way to really cut down on the cost of the litigation?Better yet, is there […]

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 […]