Life Sciences

Expert Analysis

• Justices Seem Skeptical Of USPTO's Attorney Fee Arguments

  

  At Oct. 7 oral arguments before the U.S. Supreme Court in Peter v. NantKwest, the justices seemed unsympathetic to the U.S. Patent and Trademark Office's position that "expenses" in Section 145 of the Patent Act includes the agency's attorney fees, which applicants must pay even if they prevail, says Lina Xing of LexShares Inc.

• How Emotionally Intelligent AI Could Assist With E-Discovery

  

  While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

• The Number Of Cannabis-Centric Patents Is Getting High 

  

  With public support for cannabis legalization at an all-time high, data indicate that U.S. cannabis-centric patents and patent applications are being issued and published in record numbers, and, if the 2019 issuance pace holds, we can expect an increase of over 41% from 2018, says Matthew Kamps of FaegreBD.

• Preventable Risks Your Law Firm May Be Overlooking

  

  Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

• 6 Ethics Tips For Attorneys Making Lateral Transfers

  

  With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

• Opinion

  FTC Warning On Plaintiffs Bar Advertising Is Timely

  

  Given the proliferation of misleading ads from plaintiffs attorneys and associated lead generation firms about drugs and medical devices, the Federal Trade Commission's recent announcement that it has sent out warning letters about such advertising practices is welcome news, says Eric Alexander of Reed Smith.

• Failure To Launch: The Patent Thicket Delay Of US Biosimilars

  

  Almost 10 years after enactment of the Biologics Price Competition and Innovation Act, AbbVie’s assertion of 18 patents against three Humira biosimilars shows that patent thickets remain an obstacle to launching follow-on biologics and help explain why U.S. launches lag behind those in Europe, say attorneys at Axinn.

• Employers Look To NJ High Court For Clarity On Medical Pot

  

  The New Jersey Supreme Court’s upcoming decision in Wild v. Carriage Funeral Holdings will implicate and affect not only the state’s authorizing statute for medical cannabis, but also its anti-discrimination law and a new statute that expanded protections for workers who use medical marijuana, says Ruth Rauls of Saul Ewing.

• Bid To Boot Opioid Judge Raises Questions On Judicial Roles

  

  The attempt to disqualify Ohio federal judge Dan Aaron Polster from the multidistrict opioid litigation illustrates the complicated nature of disqualification decisions, and the conflict between two theories of judging — the disengaged balls-and-strikes umpire and the engaged, problem-solving citizen-judge, says former Illinois judge Raymond McKoski.

• AdvoCare Deal Puts FTC's 13(b) Authority In Spotlight

  

  The Federal Trade Commission's Oct. 2 settlement of pyramid scheme claims with AdvoCare will have far-reaching effects, both for those in the direct selling industry and for those following the ongoing debate over the agency's authority to prosecute FTC violations, say attorneys at Kelley Drye.

• Vaping Crisis Raises New Liability And Insurance Issues

  

  As the number of vaping-related lung illnesses continues to grow, causation and overall exposure remain elusive concepts, but historical precedent arguably provides a framework for understanding the liability and insurance coverage implications, say Jodi Green and Jonathan Viner of Nicolaides.

• Consider The Power Of Tactical Empathy

  

  By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

• FDA's New Medical Device Rules Speed Up Review Process

  

  The U.S. Food and Drug Administration's new guidance concerning its intermediate pathway to approval for new medical devices may take some time and expense for companies to comply with, but will ultimately make the process less cumbersome and more enticing, say Frederick Ball and Carolyn Alenci of Duane Morris.

• The Problem — And Opportunity — Of Implicit Bias In The Bar

  

  Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

• Wisconsin Trailing In Midwest's Race To Legalize Cannabis

  

  If it continues to watch from the sidelines as its neighboring states — especially Illinois — legalize marijuana, Wisconsin risks losing out on economic opportunities and tax revenue, says Paloma Kennedy of Reinhart Boerner.