Biotechnology

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Our biotechnology practice includes such services as patent procurement, interference and opposition practice, litigation - both plaintiff and defense positions, licensing, technology transfer, patent validity and infringement opinions, and other areas of client counseling. Spearheaded by attorneys, agents, and law clerks with advanced degrees in such areas as biochemistry, molecular biology, immunology, and plant sciences, our biotechnology practice has the combination of technical expertise and legal experience that enables us to represent our clients in the most sophisticated arenas.

We work extensively in cutting-edge sub-specialties, such as the production and use of antisense oligonucleotides, ribozymes, recombinant genes and proteins, monoclonal antibodies, gene-gun applications, and pharmaceutical products for disease treatment and diagnosis, apparatuses and techniques for isolating, labeling, and detecting molecules of biological importance. Our focus on the burgeoning field of nanotechnology is one of the most comprehensive in the legal profession. We understand the far-reaching implications of nanotechnology and its potential to transform technology as we now know it.

Our substantial experience extends worldwide and includes strategic development and the protection of intellectual property for Fortune 500 multinational corporations as well as start-up biotechnology companies.

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Senior Patent Agent
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News

MBHB Partners Kevin Noonan and Donald Zuhn Set to Attend on Behalf of Firm
MBHB Partners Daniel Boehnen and Grantland Drutchas Are Featured Co-Speakers for Case Study Presentation
MBHB partner Leif R. Sigmond, Jr. is a Featured Speaker for a Breakout Session
MBHB Partner Sydney Kokjohn Is a Featured Moderator for One of the Panels
MBHB Partners Kevin Noonan, Ph.D. and Donald Zuhn, Ph.D. Are Featured Presenters

Upcoming Events

September 10-11, 2015
MBHB Partners Joseph Herndon, Bradley Hulbert, Kevin Noonan, Ph.D., Thomas Wettermann and Donald Zuhn, Jr., Ph.D. are Featured Presenters
September 22, 2015
MBHB Partners Kevin E. Noonan, Ph.D. and Andrew W. Williams, Ph.D. Are the Featured Presenters
October 1, 2015
MBHB Partner Dr. Paul Tully Is a Featured Presenter at this ACI-Sponsored Program
December 9, 2015
December 10-11, 2015
MBHB Partner Bradley Hulbert Is a Featured Presenter

Past Event

August 27, 2015
MBHB Partners Grantland G. Drutchas and Dr. Donald L. Zuhn, Jr.., Ph.D. Are the Featured Presenters
July 30, 2015
MBHB Partner James M. McCarthy Is the Featured Presenter
July 20-21, 2015
MBHB Partners Kevin Noonan, Donald Zuhn and Paul Tully Are Featured Presenters
June 26, 2015
MBHB Partner Bradley Hulbert Is a Featured Co-Speaker for a Panel Presentation
June 25-26, 2015
MBHB Partners James Suggs and Nicole Reifman are Featured Course Leaders for this Management Forum-Sponsored Program

Publications

August 14, 2015 (snippets Alert)
MBHB snippets Alert - August 14, 2015

The Federal Circuit issued a unanimous en banc decision yesterday regarding when joint tortfeasors may be held liable for literal infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. In its opinion, the court held that method claims can be literally infringed when individual steps of a claimed method are performed by more than one actor under certain circumstances.
July 22, 2015 (snippets Alert)
MBHB snippets Alert - July 22, 2015

In a seriously fractured decision, the Federal Circuit construed the provisions of the Biologics Price Control and Innovation Act (BPCIA or Act) in Amgen Inc. et al. v. Sandoz Inc. In doing so, the court limited the information available to biologic drug makers regarding a competitor’s application for a biosimilar product (adopting Sandoz’s argument). On the other hand, the decision extended the statutory exclusivity period enjoyed by innovator biologic drug makers relating to when the biosimilar applicant can enter the marketplace (as Amgen argued).
Spring 2015 (snippets)
The recent interpretation of patent eligible subject matter under 35 U.S.C. § 101 by the Supreme Court in Alice v. CLS Bank in June 2014 has caused confusion in the patent world regarding the validity and practicality of software and business method patents. In Alice, the Supreme Court held that claims directed towards a computer-implemented means of mitigating settlement risk by using a third-party intermediary did not qualify as eligible subject matter.
Spring 2015 (snippets)
The patent statute makes it clear that subject matter that would have been obvious to one of ordinary skill in the art as of the effective filing date of a patent application is not patentable. The considerations relevant to obviousness have been set for some time: (1) the scope and content of the prior art; (2) the level of ordinary skill in the art; (3) the differences between the claimed subject matter and the prior art; and (4) secondary considerations of non-obviousness. There has, however, been much litigation on how courts are to apply these considerations to determine whether an invention would have been obvious and therefore not patentable.
Spring 2015 (snippets)
The America Invents Act (AIA) created several adjudicative proceedings within the Patent Trial and Appeal Board (PTAB) of the U.S. Patent & Trademark Office, including inter partes review, post-grant review, and covered business method review (IPR, PGR, and CBM, respectively). The AIA also provided explicit estoppel provisions with respect to District Court litigation for those proceedings.
Spring 2015 (snippets)
In a 7-2 decision authored by Justice Alito, the Supreme Court held on March 24, 2015, that issue preclusion may apply to Trademark Trial and Appeal Board (TTAB) decisions (B&B Hardware, Inc. v. Hargis Industries, Inc.).
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