Biotechnology & Pharmaceuticals

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MBHB provides representation in our biotechnology and pharmaceuticals practice for patent procurement, litigation, due diligence, licensing, technology transfer, patent validity and infringement opinions, oppositions and post-grant proceedings, interference practice, and other areas of client counseling concerning a widely diverse array of biopharma subject matter.  Spearheaded by attorneys, patent agents, and technical advisors with advanced degrees in such areas as molecular biology, genetics, immunology, neurobiology, cellular biology, biophysics, molecular medicine, biomedical science, cancer biology, human nutrition, plant sciences, biochemistry, bio-organic chemistry, synthetic organic chemistry, and chemical engineering, our biotechnology and pharmaceuticals 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 with our clients on cutting-edge subject matter, such as antibiotics, monoclonal and engineered antibodies, oligonucleotides and recombinant genes, miRNA and siRNA, ribozymes, proteins and peptides, target discovery, stem cells, vaccines, combinatorial chemistry, therapeutic small molecules, pharmaceutical products, screening assays, diagnostic methods and assays, methods of treatment and use, and nanotechnology.

Our substantial experience extends worldwide and includes strategic development and protection of intellectual property for Fortune 500 multinational corporations, mid-sized and start-up biopharma companies, universities, and small and micro entities. We also have significant experience working with counsel in numerous countries and regions to help our clients secure global protection of their intellectual property.

Several of our team members contribute to the patent law blog, Patent Docs (www.patentdocs.org), recognized as one of the foremost patent law blogs.

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Senior Patent Agent
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Publications

October 5, 2017
MBHB snippets Alert - October 5, 2017

In Aqua Products Inc. v. Matal, a highly fractured en banc Federal Circuit determined that the PTAB, in ruling whether to allow claim amendments in an IPR proceeding, can no longer place the burden to establish the patentability of the amended claims on the patent owner. This should result in more claim amendments being allowed in such proceedings, and it also opens the possibility that more motions to amend will be filed. However, this decision is unlikely to be the panacea hoped for by patent owners.
September 22,2017 (snippets Alert)
In In re: Cray, Inc, No. 2017-129, the CAFC issued a writ of mandamus vacating Judge Gilstrap’s decision involving venue under 28 U.S.C. §1400(b) in Raytheon Co. v. Cray Inc., Case No. 15-cv-1554 (E.D. Texas). That earlier decision raised concerns over whether the Supreme Court’s venue holding in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017), would be given full effect. Judge Gilstrap had applied a broad 4-factor test for finding whether a defendant such as Cray had a “regular and established place of business” in the Eastern District of Texas under §1400(b). Judge Gilstrap’s test had attracted significant attention, and posited the Eastern District of Texas against most other district courts in applying § 1400(b).
Summer 2017 (snippets)
In Water Splash v. Menon, the Supreme Court presents guidance for multinational plaintiffs and defendants charting the rarely tested waters of international service. Specifically, in determining that service by direct mailing is not expressly prohibited under the Hague Service Convention, the Court opened the flood gates for parties to attempt Convention-compliant service by direct mailing.
Summer 2017 (snippets)
On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed decades of expansive patent venue interpretation by the Federal Circuit. The ruling in TC Heartland immediately overturns long-standing “forum-shopping” practices and introduces a longer-term issue of defining “a regular and established place of business.”
Summer 2017 (snippets)
With cannabis policy reform and legalization continuing to gain momentum nationwide and internationally, the “Green Rush” is well underway. For companies and entrepreneurs entering this industry, comprehensive intellectual property (“IP”) protection is vital for their developing cannabis brands and inventions.
Summer 2017 (snippets)
On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation – celebrated its first birthday. From the first year of enforcement, it appears that the DTSA got the balance right with some provisions, may need to be tweaked with others, and has yet to render clear results in some.
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