Vedder Thinking | News Deborah Lu Discusses the Top Intellectual Property Issues for 2016 in Bloomberg BNA’s Life Sciences Law & Industry Report
Deborah L. Lu, Ph.D., Shareholder and member of the firm's Intellectual Property group, was quoted in the recent Bloomberg BNA's Life Sciences Law & Industry Report article "Biosimilars, Digital Health, Patents Called Top 2016 Issues."
This edition of Life Sciences Law & Industry Report addresses projected major issues in the life sciences industry for 2016 according to attorneys contacted by Bloomberg BNA. Eligibility for diagnostic claims and the anticipated implementation of the EU unitary patent system, along with a number of other patent-related topics, prove to be at the forefront of the life sciences industry this year. Other issues that the attorneys gave high importance to include the potential impact of approvals of more biosimilars, the growth of integrated digital health and continuing megadeals and partnering.
Dr. Lu weighs in on the matter concerning inter partes review (IPR) by the Patent Trial and Appeal Board (PTAB) and how it continues to be a hot topic. She states "Three years after it went into effect under the America Invents Act, the IPR process is frequently utilized as an alternative, a prelude, or to delay patent litigation and the process has been meeting the goal of a decision within a year. But there have been complaints from patent owners that if your patent is challenged through an IPR it stands a good chance of being partly or completely invalidated." After noting that some PTAB issues are being appealed by the Federal Circuit and that there are proposed regulations to overhaul the IPR process, Dr. Lu adds that "Many decisions have not been overturned by the Federal Circuit, leading some to believe that the IPR process is effective and more efficient than district court litigation."
To learn more about the top life sciences issues for 2016, and to read more of Dr. Lu's commentary, download the link below.
Reproduced with permission from Life Sciences Law & Industry Report, 10 LSLR 01 (Jan. 8, 2016). Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.