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Shoshana Marvin

is an associate in Sterne Kessler’s Biotechnology & Chemical Practice Group. Shoshana’s practice focuses on the preparation and prosecution of U.S. and foreign patent applications, as well as the preparation of opinions of counsel. She has drafted numerous invalidity, noninfringement, freedom-to-operate, and patentability opinions for pharmaceutical patents, including patents that claim active pharmaceutical ingredients, polymorphs, chemical synthesis, pharmaceutical formulations, and methods of treatment. Shoshana has also prepared and prosecuted patents relating to a wide variety of technologies including molecular biology, cancer biology, therapeutic antibodies, virology, and vaccines.

Recent Articles by Shoshana Marvin

Has Ex Parte Sauerberg Gutted the Patent Act’s Safe Harbor Provision?

This article concerns the impact of Ex Parte Sauerberg, a 2017 Patent Trial and Appeal Board (PTAB) decision, on the safe harbor provision of 35 U.S.C. § 121.  We address whether Sauerberg is consistent with Federal Circuit law and decades of U.S. Patent and Trademark Office (USPTO) practice, and discuss implications for practitioners. Section 121 is designed to address potential unfairness that may arise from the interplay of two common aspects of patent prosecution practice.