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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