October 25-26, 2022
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Event Session

Patent Eligibility and the Life Sciences Industry– What Next?

October 25, 2022 @ 11:00 AM EST

11:00 AM ET
October 25, 2022

Patent Eligibility and the Life Sciences Industry– What Next?

View Session Speakers

With the Supreme Court recently refusing certiorari in American Axle, hope has been lost for a near-term patent eligibility fix that would help the life sciences industry.

Was it foolish to be hopeful the Supreme Court would fix a Federal Circuit ruling that found a drive shaft to be patent ineligible because the operation of the drive shaft fundamentally relies on Hooke’s law? In retrospect, yes—but American Axle was supposed to be different. Even the Supreme Court explained in Alice that “[a]t some level, all inventions embody, use, reflect, rest upon or apply laws of nature, natural phenomena, or abstract ideas.”

With the evolution of the law of patent eligibility are we really at a place where every invention that embodies, uses, reflects, rests upon or applies scientific laws is patent ineligible? Given the Federal Circuit’s interpretation of Myriad and Mayo, medical diagnostics are no longer patent eligible. And despite the fact that the word “discoveries” appears in both the U.S. Constitution and in the Patent Act itself as the type of thing that can be and should be protected, discoveries are not patent eligible today in the United States.

Where do we go from here? What does the future of the life sciences industry look like in the United States? Will there be a patent eligibility fix that can pass in Congress?  These and other issues will be addressed by this panel.

Materials

Coons Announces He Will Co-Sponsor Tillis’ Patent Eligibility Restoration Act

Tillis’ Promised Patent Eligibility Bill Would Overrule Myriad, Mayo

Tillis Addresses Criticism of His Eligibility Reform Bill

It’s Time to Give Up on the Charade of U.S. Patent Protection: Most Patents are Now Officially Invalid under American Axle

 

* A Note on Materials: For live, in person programs we apply for MCLE in Virginia, as well as other jurisdictions (see the MCLE tab in the navigation bar above). MCLE regulations require substantive writing on the topic covered during the presentation. The materials provided, often published by IPWatchdog.com authors and contributors, relate to the topic but are not intended to pigeon-hole guest speakers in any way. They are intended to be informative and elucidate the issues that will be discussed, although not necessarily represent the point of view that will be taken by any particular panelist. To date the articles we have selected have always been sufficient to satisfy MCLE authorities. 



Add to Calendar 05/19/2024 6:30 AM America/New_York Patent Eligibility and the Life Sciences Industry– What Next?

With the Supreme Court recently refusing certiorari in American Axle, hope has been lost for a near-term patent eligibility fix that would help the life sciences industry. Was it foolish to be hopeful the Supreme Court would fix a Federal Circuit ruling that found a drive shaft to be patent ineligible because the operation of the drive shaft fundamentally relies on Hooke’s law?…

Session Speakers

Laura Smalley

Partner

Harris Beach PLLC

Thomas Stoll

Thomas Stoll

Senior Director, Federal Government Affairs

Genentech

Michael Cottler

Mike Cottler

Partner

Gemini Law LLP

Chief Judge Paul Michel

Hon. Paul R. Michel

Chief Judge (ret.)

US Court of Appeals for the Federal Circuit

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