Biotech Buzz, October 2013

BIOTECH BUZZ

October, 2013

 Time to Renew Your Biotech Membership and Select Your Voting Status……………………………………… 2

Sign up for Biotech’s “Lyris List” to Receive Committee Communications and to Send Emails to Other Members           3

Join Biotech’s LinkedIn Group……………………………………………………………………………………………………….. 3

Biotech Wins First AIPLA Committee of the Year Award!………………………………………………………………. 3

Changing of the Guard…………………………………………………………………………………………………………………… 3

Biotech Work Plan for 2013-14 Submitted to AIPLA Leadership…………………………………………………… 4

Case Law Review……………………………………………………………………………………………………………………………. 4

Bayer CropScience AG v. Dow AgroSciences LLC., Case No. 2013-1002 (Fed. Cir. Sept. 3, 2013).. 4

Aria Diagnostics, Inc. v. Sequenom, Inc., Case No. 2012-1531 (Fed. Cir. 2013)………………………….. 4

 

Time to Renew Your Biotech Membership and Select Your Voting Status

Your present voting status is NON-VOTING.  If you want to vote on Biotech Committee resolutions, you must go into your AIPLA Profile and elect “VOTING” for the Biotech Committee by about December 18, 2013

Instructions for renewing your membership on Biotech and selecting a voting status.

 

Background

In order to be able to vote on things like resolutions, recommendations, amicus positions, and communications from AIPLA about Biotech IP issues to Congress or to the USPTO, you must be a Voting Member of the Biotech Committee.  Over the last few years, we have conducted 1-2 votes annually.  You can only vote if you are a “Voting Member.”

About half of the Biotech Committee’s ~900 members had “Voting” status at some time in the past.  The other half had the status of “Information Only.”  Despite having so many members “with the vote,” when it came to actual voting, our committee, like most others, never received enough votes on any matter to meet quorum requirements.  A quorum is 50% of members with votes.  A vote that does not meet these standards can still be submitted to the Board, but the Board would be justified in giving little weight to it.

Over the last few years, we have conducted 1-2 votes annually.  You can only vote if you are a “Voting Member.”

AIPLA recently implemented new rules relating to voting status:

  1. You must to re-establish committee membership and Voting vs. Non-Voting status each year.
  2. You may be a “Non-Voting” member of as many committees as you like.
  3. You may elect to be a Voting member of up to 3 substantive committees.  Biotech is a substantive committee.
  4. You may be a Voting member of up to 2 other committees.
  5. Each year, during the Annual Meeting, your voting status on all committees will be reset to “Non-Voting.”
  6. Each year, you will have 60 days from the Annual Meeting to go onto your AIPLA profile and select your membership and voting status on the Biotech Committee. 
  7. If you do not select Voting status on the Biotech Committee by the deadline, you will not be able to vote until October 2014. 

So, if you want to be able to vote on anything that the Biotech Committee puts up for a vote between now and next October, please select “Voting” in your profile before about December 18, 2013.

 

Sign up for Biotech’s “Lyris List” to Receive Committee Communications and to Send Emails to Other Members

The Lyris List is the Biotech Committee’s list of the email addresses of those members who have opted to be included on the committee’s email communications.  Each Biotech member who has joins the Lyris List may use the list to send communications to all other list members.

If you join the Lyris List, you will get all of the committee’s email communications.  Over the last year, we had ~18 Lyris List communications.  The Biotech Buzz, for example, is sent via the Lyris List.  Notices about votes are sent via the Lyris List.  Surveys are sent via the Lyris List.  We expect that the Lyris List will be used more in the future, but not to the point of being annoying.

If you do not join the Lyris List, you will not get any of the committee’s email communications. 

Instructions for joining Biotech’s Lyris List.

 

Join Biotech’s LinkedIn Group

The Biotech Committee has a LinkedIn group that also helps members communicate with each other. 

Instructions for joining Biotech’s LinkedIn group.

 

Biotech Wins First AIPLA Committee of the Year Award!

AIPLA instituted a new award this year – Committee of the Year – and the Biotech Committee won the award at the Annual Meeting last week!  A picture of the award and acknowledgements of contributions this last year are in a slide show presented during Biotech’s business meeting last week in Washington.  Many thanks to the many committee members who worked on projects during the last year and delivered on commitments to get things done. 

 

Changing of the Guard

By Jim Kelley, Out-Going Chair

As of November 1, I will no longer be Chair of the Biotech Committee, but I intend to remain involved as Biotech’s liaison with the Corporate Practice Committee, as a partner with in-coming Chair Suzannah Sundby in liaising with a number of other IP associations on biotech IP issues, and as a strong supporter of our in-coming leadership team.  The new team is excellent.  They are going to improve our Committee.  I urge you to get involved, stay involved. 

Some have asked me why I approached things the way I did, and of course there are many reasons, but primarily, IT WAS FUN!  I got to work on important, interesting issues with smart, dedicated people.  I really enjoyed the opportunity to serve AIPLA and the Biotech Committee and to get to know and to work with so many people.  As a result, I have many people to thank for their contributions, but I fear if I tried to name everyone I will forget someone.  If you look back at all the Biotech Buzz issues, you will see their names.  Suffice to say that ~100 people on our ~900-member committee have done something “more than simply pay dues” over the last few years.  That is actually incredible.  Thank you, each and all.  Keep it up.  Get involved, stay involved.

 

Biotech Work Plan for 2013-14 Submitted to AIPLA Leadership

In-coming committee leaders, Suzannah Sundby and Tim Meigs, prepared the committee’s 2013-2014 Work Plan, which includes the following items:

  1. Expand Educational Services – for members and the public.
  2. Broaden Breadth of Biotech Issues – including new subcommittees Industrial Biotech, Biotech Litigation, and PTAB Actions, and refreshing the objectives of other subcommittees
  3. Strengthen Relationships with Sister Committees/Organizations and the USPTO – including especially the Chemical Practice, Food and Drug, Education, and Corporate Practice Committees within AIPLA and with ABA, BIO, CIPA, EPI, IPO, IPTA, JPAA, and LES outside of AIPLA.
  4. Increase Community Involvement – including encouraging and organizing informal membership interactions for social purposes, and forming new subcommittees, such as Corporate Biotech Practice, Academia and Research Institutions, and regional subcommittees.

Please volunteer to work on something that interests you by contacting any of the in-coming leaders:

 

Case Law Review

 

Link to Case Law Review

Bayer CropScience AG v. Dow AgroSciences LLC., Case No. 2013-1002 (Fed. Cir. Sept. 3, 2013)

Reviewed by Alice O. Martin, Lynn C. Tyler, and Michael Brunelle of Barnes & Thornburg, Indianapolis, IN.

Aria Diagnostics, Inc. v. Sequenom, Inc., Case No. 2012-1531 (Fed. Cir. 2013)

Reviewed by Alice O. Martin, Lynn C. Tyler, and Michael Brunelle of Barnes & Thornburg, Indianapolis, IN.

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BIOTECH BUZZ September, 2013

BIOTECH BUZZ

September, 2013

 


Committee Meetings……………………………………………………………………………………………………………………… 2

Introduction of New Committee Leaders and Plans, 25 October, Washington DC……………………. 2

Biotech Social, Stone’s Throw Restaurant, Washington DC, Thursday, 24 October, 6:00-7:00…. 2

Programs……………………………………………………………………………………………………………………………………….. 2

CLE: Overcoming Barriers to New Technologies, 25 October, Washington DC…………………………. 2

USPTO Relations Subcommittee…………………………………………………………………………………………………….. 3

Report from BCP Customer Partnership Meeting – 9 September 2013……………………………………. 3

Committee Annual Survey……………………………………………………………………………………………………………… 4

 


Committee Meetings

Introduction of New Committee Leaders and Plans, 25 October, Washington DC

Suzannah K. Sundby of Smith, Gambrell & Russell, LLP will become chair and Tim Meigs of Becton Dickinson will become vice chair at the annual meeting.  Please join them for a short business meeting at 3:30-3:40 just prior to the CLE session described below.  They will present a brief description of their plans for the next year.

Biotech Social, Stone’s Throw Restaurant, Washington DC, Thursday, 24 October, 6:00-7:00.

While you’re at the annual meeting, please join us for drinks and socializing with panelists and committee members at the Stone’s Throw restaurant on the first floor of the Wardman Park Marriott hotel on Thursday, 24 October, 6:00-7:00.  The time was selected to give you many options for managing your business, the meeting, and other social engagements.  As usual, it’s a cash bar.

 

Programs

CLE: Overcoming Barriers to New Technologies, 25 October, Washington DC

The Biotechnology Committee and the Food and Drug Committee will sponsor a joint educational session (120 minutes of CLE) that will consider the history of the public’s love-hate relationships with new technologies and will include discussion of causes of these conflicting attitudes and their effects on progress. The global status of intellectual property protection in patent offices, regulatory agencies, and the courts will be analyzed to elucidate the issues involved. Solutions for meeting these concerns and attitudes and proposals for developing programs of public education and fostering policies for protecting intellectual property that are beneficial to the public will be presented.

Alice Martin and Bruce Vrana, co-chairs of our Plant Biotechnology subcommittee, will moderate the all-star panel that they put together:

History of Genetic Technologies: Acceptance and Hurdles to Protection Dr. Ananda Chakrabarty, Distinguished University Professor, University of Illinois at Chicago

Addressing Public Fears of New Technologies Professor Jay P. Kesan, College of Law, University of Illinois

International IP Protection for Plants Dr. Humphrey Foote, Senior Associate, AJ Park

Regulatory Issues in Protection of Plant Products, GMOS, Diagnostics Dr. Thomas E. Nickson, International Policy Lead, Monsanto

Public Policy and Education Issues Sarah Hull, Head, Syngenta External Affairs

Please join us in Washington in October for this excellent, educational program!  The session will begin at about 3:40 PM in the Wardman Park Marriott Hotel.

 

USPTO Relations Subcommittee

Report from BCP Customer Partnership Meeting – 9 September 2013

Suzannah K. Sundby, Smith, Gambrell & Russell, LLP

Copies of the handouts from this meeting and from prior meeting can be obtained at http://www.cabic.com/bcp/

Wanda Walker and Jerry Lorengo opened the meeting.

AIA: FITF

Kathleen Bragdon (TC1600) and Gerald Leffers (OPQA) , gave a phenomenal presentation on the training being provided to examiners on AIA FITF office actions and art rejections (and exceptions).  The training/workshop materials are available from the USPTO website at http://www.uspto.gov/aia_implementation/fitf_workshop_demo20130913.pdf.  Many who participated in person said that they are going to implement similar worksheets in their case files and use for client counseling.  These are the same materials that were discussed at the Second Anniversary AIA Forum that was held on 16 September 2013.  For more information go to http://www.uspto.gov/aia_implementation/index.jsp.

Enhancing Efficiency Training and 102/103 Rejections

Jean Witz (QAS, TC1600) and Ashwin Mehta (QAS, TC1600) gave a presentation on enhancing efficiency training relating to 102 and 103 rejections focusing on inherency (including inherency as applied to obviousness), range limitations, and routine optimization.  They discussed case law and its application to specific facts.  The slide set provides a great overview of applicable case law.

Jean Witz then covered examiner training materials that are designed to help examiners provide better rejections.  This portion was also a workshop format where attendees, acting as a supervising examiner, reviewed a claim set, specification, prior art materials, and a junior examiner’s rejections, and then commented on the rejections (e.g., correctness, applicability, analysis, etc.).

Track I Analysis

Kate Gaudry of Kilpatrick Townsend gave a presentation which covered a statistical analysis of Track 1 applications including their allowance rates, speed of prosecution, and cost as compared to regular applications.

The meeting concluded and many of us continued our lively discussions at the Trademark Bar.

Next Meeting – 10 December 2013

The next BCP meeting will be held 10 December 2013.  This meeting will be a special BCP meeting as Acting Director Teresa Rea will be attending. 

If there are any issues or topics that you wish to hear, please let the biotechnology committee know about them or send your ideas to Cecilia Tsang (571-272-0562 or cecilia.tsang@uspto.gov) or to the Group Directors.

Happy Hour

For those wanting more mix and mingle opportunities, come join us for Happy Hour after each BCP meeting at the Trademark Bar for   and lively discussions having little to do with patent law.

 

Committee Annual Survey

We would like your input about the committee.  If you care to, please go to http://www.surveymonkey.com/s/LS7PB5R and provide your answers to one or more of the five questions on the survey.  The five questions are:

1. How can the leadership of AIPLA’s Biotechnology Committee better meet your expectations?

2. What issues or subcommittee(s) would you like to be involved in? (Options are: Diagnostic and Gene Patenting, Biosimilars, Tech Transfer and Licensing, Plant Biotech, Litigation, PTAB Proceedings, and Industrial Biotech)

3. Other / comments to clarify your answers.

4. How can the leadership of AIPLA’s Biotechnology Committee better communicate developments of interest to you?

5. Other / comments to clarify your answers, for example, frequency (e.g., monthly /weekly/daily/newsflash); content (detailed analyses/short summaries); and/or format (Biotech Buzz/emailed or posted weekly newsletter/daily blog or linked-i