Intellectual Property
Aug. 28, 2014
It's not always obvious what's 'obvious'
Patent protection is important to innovators in biotechnology and pharmaceuticals because it protects their substantial investments in developing new technology. By Craig E. Countryman and Juanita R. Brooks
Juanita R. Brooks
Principal
Fish & Richardson PC
Intellectual Property, patent litigation
Email: brooks@fr.com
Yale Law School; New Haven CT
Patent protection is important to innovators in biotechnology and pharmaceuticals because it protects their substantial investments in developing new technology. But two recent U.S. Court of Appeals for the Federal Circuit decisions - Galderma Labs. LP v. Tolmar Inc., 737 F.3d 731 (2013), and Bristol-Myers Squibb Co. v. Teva Pharms. USA Inc., 752 F.3d 967 (2014) - serve as reminders that not everything in these unpredictable fields is patentable. Both decisions inv...
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