18 Sep, 2024 Post-Patent Expiry Royalties for Research Collaborations and Licenses: The Third Circuit Weighs in on Brulotte By Adam Golden Kristen Riemenschneider Jeff Jay Jake Silvers Dylan O'Connor +2 more... Show less According to settled Supreme Court case law, the holder of a patent may not require a licensee to pay royalties after the patent...
10 Jun, 2024 Will NIH’s Newly-Proposed Policy Improve Patient Access? By Jeff Jay Shannon O'Hara On May 22, 2024, the U.S. National Institutes of Health (NIH) announced it was soliciting feedback on a proposed policy (the Policy)1...
14 Feb, 2024 Life sciences – what to expect in 2024 By Harriet Hanks Emma Franck-Gwinnell Adam Golden 2023 was marked by some real success stories in the life sciences and healthcare space, including ground-breaking new weight loss...
07 Feb, 2024 FTC Comments on NIST’s Draft March-In Guidance By Kristen Riemenschneider Vinita Kailasanath Justin Stewart-Teitelbaum Laura Onken Jake Silvers Sam Fulliton Hattie Van Metre +4 more... Show less On February 6, 2024, the Federal Trade Commission (FTC) issued a comment (the FTC Comment) responding to the National Institute of...
14 Dec, 2023 What is the Actual Impact of the Biden Administration’s New March-In Guidance? By Kristen Riemenschneider Joshua Samuel The Bayh-Dole Act of 1980 provides certain rights in favor of the U.S. government in order to ensure that products arising from federally...
24 May, 2023 Ongoing Initiatives at the USPTO and FDA and Their Potential Impact on the Life Sciences Industry in the United States By Kristen Riemenschneider Jeff Jay Jake Silvers In the past few months, proposals from the United States Patent and Trademark Office (“USPTO”) have drawn the attention of organizations,...
01 Aug, 2022 Non-Fungible Tokens - Who Owns Exactly What Now? By Menachem Kaplan Brock Dahl Jennifer Lei With special thanks to summer associate, Julie Min. You just bought an NFT. But is it actually yours? The answer isn’t as clear as you...
16 Dec, 2021 Board Memo 2022: Sustainability and Beyond By Pamela Marcogliese Elizabeth Bieber Sebastian Fain Freshfields is pleased to announce our annual Board Memo 2022: Sustainability and Beyond. This year’s report focuses on guiding boards...
07 May, 2021 FTC Pitches a Shutout Against Impax in 5th Circuit Pay for Delay Appeal By Justin Stewart-Teitelbaum Laura Onken Kaylynn Noethlich The FTC scored a win on the Fifth Circuit diamond in its first challenge of a reverse payment settlement between branded and generic drug...
19 Nov, 2020 The risks of overbroad confidentiality commitments By Peter Jaffe Maj Vaseghi Menachem Kaplan Jillian Simons +1 more... Show less A recent decision out of California serves as a stark reminder for counsel to draft employee confidentiality contracts thoughtfully....
03 Sep, 2020 Qualcomm scores a win in the Ninth Circuit - will the FTC stay in the ring? By Justin Stewart-Teitelbaum Elizabeth Suarez Kaylynn Noethlich Last month, a Ninth Circuit panel unanimously reversed the US Federal Trade Commission’s (FTC) win in district court, finding that...