Area Of Focus

MOVING FORWARD
WITH TECHNOLOGY

Biotechnology & Pharmaceutical

With superb credentials and experience in IP law, along with outstanding educational and professional credentials in the life sciences, we provide world-class IP services and solutions - including litigation counsel, risk management, and patent portfolio development, growth, and management - to clients ranging from start-ups and entrepreneurs to multinational corporations, from academic institutions to investors in technology.

Brinks’ Biotechnology and Pharmaceutical practice group has more than 45 experienced attorneys and patent agents who are deeply versed in the complex and ever-evolving areas of the law specific to these industries, including specialized areas such as the Hatch-Waxman Act.  Not only do we have in-depth industry knowledge and experience gained through extensive service to our clients, but we also possess significant in-house counsel experience.

Being able to see and appreciate both sides to our client’s IP issues sets us apart from our competitors in the marketplace.

The pace of innovation in biotechnology and pharmaceuticals is unprecedented. Investments are costly, the stakes are high, and strong intellectual property rights are essential.

Developing the key relationships and understanding important objectives enables us to effectively anticipate our client’s needs in real-time scenarios. 

Employing a comprehensive, multi-dimensional approach to delivering top-notch legal services allows us to remain both effective and cost-efficient for clients, remaining sensitive to their business goals and their bottom line.

This is how we help our clients.  This is our way forward.

Forward Thinking
Press Releases

CHICAGO—Fifteen attorneys at Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, have been selected by their peers for inclusion in The Best Lawyers in America 2018...

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In late June 2017, Sen. Chris Coons (D-DE), Sen. Tom Cotton (R-AR), Sen. Dick Durbin (D-IL) and Sen. Mazie Hirono (D-HI) co-sponsored and introduced in the U.S. Senate the Support Technology and Research for Our Nation’s Growth and Economic Resilience  Patents Act of 2017...

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On June 23, 2017, the Federal Circuit held that a party appealing a decision from the Patent Trial and Appeal Board (“PTAB”)...

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The June 15 decision by the Federal Circuit, EmeraChem Holdings, LLC v. Volkswagen Group of Am., Inc., highlights the power of a procedural challenge to a final written decision by the PTAB...

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On June 5, 2017, the Federal Circuit arrived at two different conclusions concerning whether a case is exceptional under 35 U.S.C. § 285, reversing the district court in both cases...

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On May 22, 2017, the Supreme Court of the United States issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (Case No. 16-341) altering the landscape of venue for patent infringement litigation...

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In Helsinn Healthcare S.A., v. Teva Pharm. USA, Inc., the Federal Circuit recently held that, despite changes to the statutory language of § 102 under the Leahy-Smith America Invents Act (“AIA”), the Court’s pre-AIA interpretation of the on-sale bar remains the same with respect to public sales...

in the media
On April 28, 2017, Salt Lake City associate, Andrew Hufford, spoke at a podcast for The Federalist Society for Law & Public Policy Studies entitled, "Courthouse Steps: Amgen, Inc. v. Sandoz, Inc."  Please click here to listen.
Press Releases

CHICAGO—Ralph J. Gabric and Laura A. Lydigsen, shareholders and patent litigators at intellectual property law firm Brinks Gilson & Lione, will be featured presenters at the 11th Annual ACI Paragraph IV Disputes Conference on April 25, 2017, at the Conrad New York...

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On April 7, the U.S. Patent and Trademark Office (“USPTO”) announced its PTAB Procedural Reform Initiative...

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On April 4, 2017, the United States Court of Appeals for the Federal Circuit (“CAFC”) denied Google’s petition for rehearing en banc.  Unwired Planet, LLC v. Google Inc., ___ F.3d. ___, Case No. 2015-1812 (Fed. Cir. Apr. 4, 2017).  In the petition, Google asked the CAFC to overturn Versata Development Group, inc. v. SAP America, Inc., 793 F.3d 1306 (Fed. Cir. 2015) in light of the Supreme Court’s decision in Cuozzo Speed Technologies, LLC v. Lee, 136 S. Ct. 2131 (2016)...

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On Monday, March 27, 2017, the U.S. Supreme Court heard oral arguments in TC Heartland LLC v. Kraft Food Brands Group LLC, (Case No. 16-341)...

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On March 21, 2017, the Supreme Court of the United States held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be used as a defense against damages for patent infringement where the infringement occurred within the six year period prescribed by 35 U.S.C. § 286...

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The State Intellectual Property Office of China (“SIPO”) on March 1, 2017 finalized the amendment to its Guidelines for Examination; the amendments included patentability of business method patents, enhanced claiming options for software-related inventions, post-filing submission of experimental data for chemical inventions, liberalized amendment practice in post-grant invalidation proceedings, and availability of prosecution documents of Chinese patents and applications...

in the media
On March 14, 2014, the Chicago Daily Law Bulletin mentioned Mark Remus for presenting “The Strategic Use of IPRs to Challenge Pharmaceutical Patents” at CPhI’s sixth annual Pharma IPR Conference in Mumbai, India, on March ...
Press Releases

CHICAGO—Mark Remus, a shareholder and patent litigator at intellectual property law firm Brinks Gilson & Lione, presented “The Strategic Use of IPRs to Challenge Pharmaceutical Patents” at CPhI’s 6th Annual Pharma IPR Conference in Mumbai, India, on March 1, 2017...

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On March 1, 2017, Mark Remus will be presenting on Inter Partes Review at the CPhI's 6th Annual Pharma IPR ...

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On February 28, 2017, Jeff Nichols will be presenting, "Tackling the Offensive and Defensive Sides of Inter Partes ...

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Since implementation of the Leahy-Smith America Invents Act, inter partes review (“IPR”) and other post-grant proceedings have been used successfully...

Press Releases

CHICAGO—Jeff Nichols, a shareholder and patent litigator at intellectual property law firm Brinks Gilson & Lione, will be a ...

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Discovery of the revolutionary gene editing technology called CRISPR touched off a battle between the University of California ...

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As part of its annual “Special 301” identification and review of countries that deny adequate and...

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On December 1, 2016, the U.S. Copyright Office launched its new electronic registration system ...

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On December 6, 2016, the Supreme Court in Samsung Electronics Co. v. Apple Inc. upset the framework for determining damages for infringement of a design patent in the context of a multicomponent product.  Under § 289 of the Patent Act, the infringer of a design patent is liable for all of its profit from the manufacture or sale of the infringing “article of manufacture.” 

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The Supreme Court recently granted a petition for writ of certiorari to review the Federal Circuit’s en banc ...

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On November 14, in our continuing series, “Peeking Behind the Curtain – Explaining the Inner Workings of the US ...

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On November 15, Jennifer Fox will be lead a discussion with Ed Miseta, Chief Editor & ...

Press Releases

RESEARCH TRIANGLE PARK—Rashad L. Morgan, a shareholder at intellectual property law firm Brinks Gilson & Lione...

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On October 6th, 2016, the Federal Trade Commission (FTC) released a greatly anticipated study, the subject ..

 

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On October 25 at 12:00PM (CST), in our continuing series, “Peeking Behind the Curtain – Explaining the Inner Workings of ...

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In recent months, the Ninth Circuit and Fourth Circuit have issued important rulings about how the Lanham Act, ...

Press Releases

CHICAGO—Fifteen attorneys at Brinks Gilson & Lione, one of the largest intellectual property law firms in the United  ...

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On July 25, 2016, the Federal Circuit, in In re Magnum Oil Tools Int’l, reversed the final decision of an inter partes ...

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On July 11, 2016, the United States Patent and Trademark Office (Office) announced a new Post-Prosecution ...  

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On June 23, the United Kingdom (UK) voted to exit the European Union (EU) – a decisive move whimsically known ...

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The U.S. Court of Appeals for the Federal Circuit recently ruled in Amgen Inc. v. Apotex Inc. that a biosimilar-product ...

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The Federal Circuit, in an en banc decision, held that to be “on sale” under pre-AIA § 102(b), a product must be the ...

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In vacating a District Court grant of summary judgment that a patent directed to a cryopreservation process was ...

Press Releases

TAMPA—Alejandro J. Fernandez, a partner and litigator at Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, has been named to Florida Legal Elite 2016. The annual listing of legal leaders by Florida Trend magazine names fewer than two percent of active Florida Bar members who practice in the state, and this year includes only 20 attorneys who practice intellectual property law...

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On June 21, 2016, the Federal Circuit, in Immersion Corp. v. HTC Corp., held that a patent application filed as a continuation of an earlier application on the issue date of the earlier application has been “filed before the patenting” of the earlier application, and therefore is entitled to the earlier application’s filing date under 35 U.S.C. § 120...

in the media
On June 17, 2016, IP Frontline published an article entitled, “Never Late is Better: PTAB Denies Petitioners Motion in IPR After Missing Filing Deadline By Minutes” written by Oluwafemi Masha, Kent E. Genin and Jennifer Fox.  Please ...
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On May 23, 2016, the Patent Trial and Appeal Board (PTAB) issued a decision denying motions...

Press Releases
SALT LAKE CITY— Intellectual property law firm Brinks Gilson & Lione announced today that Dr. Jonathan Hartley has joined the firm’s Salt Lake City office as a scientific advisor. Dr. Hartley focuses on nanotechnology, ...
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On April 25, 2016, the Supreme Court heard oral arguments in a case, Cuozzo Speed Technologies, LLC v. Lee, No. 15-446, that seeks to determine whether the Patent Trial and Appeal Board...

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Suggestions to amend or abolish 35 U.S.C. § 101 of the Patent Act are increasing in light of the number of software and biological patents...

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Two recent cases from the Federal Circuit and Patent Trial and Appeal Board (“PTAB”) ...

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Join Brinks Gilson & Lione attorneys, Jim Sobieraj, Mark Remus, Amy Fix, Bill Frankel and Laura Beth Miller as they discuss the issues that will be front and center on the minds of Intellectual Property Departments and Attorneys in 2016, ...
Press Releases

CHICAGO—Intellectual property law firm Brinks Gilson & Lione—one of the nation’s largest IP boutiques ...

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On Friday, January 15, the U.S. Supreme Court granted certiorari in In re Cuozzo Speed ...

Press Releases

DURHAM, N.C.—Brinks Gilson & Lione, one of the nation’s largest intellectual property law ...

Press Releases

SALT LAKE CITY—Brinks Gilson & Lione, one of the nation’s largest intellectual property law ...

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On Monday January 4, the Federal Circuit heard oral arguments in a pair of appeals—Acorda ...

Press Releases

ANN ARBOR – Brinks Gilson & Lione, one of the largest intellectual ...

Press Releases

ANN ARBOR, MI—Chicago-based Brinks Gilson & Lione, one of the largest intellectual property law firms ...

Press Releases

CHICAGO—Intellectual property law firm Brinks Gilson & Lione announced today that Eric...

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As a follow up on our client alert sent on September 11, 2015, available here, the Patent Trial and Appeal Board (“PTAB”) on September 25, 2015 declined to sanction Coalition for Affordable Drugs (“CAD”), the petitioner of ...
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Since the launch of Inter Partes Review (“IPR”) in 2012 pursuant to the American Invents Act (“AIA”), the general issues before the Patent Trial and Appeal Board (“PTAB”) have been straight forward. First, the ...
Press Releases
RESEARCH TRIANGLE PARK, N.C.— Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, today announced that four attorneys and one patent agent are joining its life sciences group in Research Triangle Park, ...
Press Releases
CHICAGO—Intellectual property law firm Brinks Gilson & Lione announced today that Mark H. Remus has rejoined the firm as a partner in its Chicago office. Remus is a seasoned trial lawyer who has served as lead counsel on numerous patent ...
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The Biologic Price Competition and Innovation Act (“BPCIA”) was enacted in 2010 to provide an abbreviated pathway for FDA approval of biologic products (“biosimilars”) deemed sufficiently similar to products already on the ...
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ANN ARBOR/DETROIT – Brinks Gilson & Lione, one of the largest intellectual property law firms in the U.S., has been recognized by The Legal 500 as one of the top U.S. firms for prosecution of utility and design patents for the seventh year ...
Press Releases
SALT LAKE CITY—Ryan L. Marshall and Craig Buschmann, attorneys in the Salt Lake City office of Brinks Gilson & Lione, have again been included in the 2015 Super Lawyers Mountain States list, the rating service's annual regional listing ...
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The choice of priority claiming designation can enhance or impair the longevity of patent life. Last week, the Federal Circuit invalidated a reissue patent after finding that a patentee’s choice of priority claim status left it outside the ...
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On June 12, 2015, the Federal Circuit held certain prenatal diagnostic testing claims invalid under Section 101, concluding that the claims were directed to a natural phenomenon. Ariosa Diagnostics, Inc. v. Sequenom, Inc. (2014-1139). The decision ...
Press Releases
CHICAGO—Nine attorneys at intellectual property law firm Brinks Gilson & Lione have been named IP Stars for 2015 by Managing Intellectual Property magazine. For the second year in a row, the publication also designated Brinks' offices ...
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On appeal from the District of Maryland, the Federal Circuit held in Classen Immunotherapies, Inc. v. Elan Pharmaceuticals, Inc., that the § 271(e)(1) safe harbor applied to Elan’s post-approval development of clinical data on its ...
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In upholding the denial of a preliminary injunction, the Federal Circuit held that a drug manufacturer’s label instructing the use of a generic drug for prophylactic use coupled with an instruction to consult a physician in the event of an ...
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On February 10, 2015, the Court of Appeals for Federal Circuit in Helferich Patent Licensing v. NY Times and JCPenney reversed a district court decision holding that the doctrine of patent exhaustion barred a patentee’s claim of patent ...
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Friday marked the FDA’s first-ever approval of a biosimilar application under the Biologics Price Competition and Innovation Act (BPCIA), 42 U.S.C. § 262. The BPCIA was enacted back in 2010 as part of the Patient Protection and ...
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In the United States, patent term extension is available under the 1984 Drug Price Competition and Patent Restoration Act, also known as the Hatch-Waxman Act (“The Act”). The Act allows the extension of the term of a patent claiming a ...
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The Patent Trial and Appeal Board (“PTAB”) recently sided with petitioner BioMarin Pharmaceutical in three inter partes review proceedings involving Genzyme’s enzyme therapy product Myozyme®. The decisions mark one of the first ...
Press Releases
SALT LAKE CITY—Attorney Eric D. Babych of Brinks Gilson & Lione, one of the nation's largest intellectual property law firms, has moved to the firm's Salt Lake City office from Chicago. 'We're pleased to welcome Eric to ...
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In Teva Pharm. USA, Inc. v. Sandoz, Inc., 574 U.S. __, No. 13-854 (2015), the Supreme Court overturned the Federal Circuit’s long-standing precedent that claim construction is subject to strict de novo review. In a 7-2 decision authored by ...
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In early 2014, the Supreme Court limited a plaintiff’s ability to sue a defendant under general jurisdiction.  In order to subject a defendant to personal jurisdiction in a forum where the defendant is not present, the defendant must have ...
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On December 15, 2014, the United States Patent and Trademark Office (“USPTO”) published revised guidelines for USPTO personnel to use in evaluating subject matter eligibility of inventions under 35 U.S.C. § 101. The revised ...
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A Massachusetts jury has sided with drug makers AstraZeneca and Ranbaxy in the first trial challenging alleged “pay-for-delay” agreements since the U.S. Supreme Court’s FTC v. Actavis, Inc. ruling last year. Following a six-week ...
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On October 20, 2014, the Federal Circuit, by a 7-4 vote, denied a petition for rehearing (en banc) a decision invalidating a Bristol-Myers Squibb (“BMS”) hepatitis B drug patent as obvious, which raised issues regarding the relevance of ...
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Recently, the Federal Court of Australia found that isolated DNA is patent eligible, contrary to the holding in Ass’n for Molecular Pathology v. Myriad Genetics, Inc.  Persuaded by the Federal Circuit’s reasoning, the Federal Court ...
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(September 15, 2014) In a recent decision following a bench trial, Judge Joel A. Pisano (D.N.J.) found an accused defendant would contributorily infringe plaintiff’s patents for gabapentin despite defendant’s argument that off-label use ...
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William Carroll and Jeffry Nichols wrote the article, 'Fed. Circ. And USPTO Diverge On Lead Compound Analysis,' for Law360 on July 30, 2014. Click here to read more.
Press Releases
ANN ARBOR – Josh Ney, Ph. D., an associate attorney in the Ann Arbor office of Brinks Gilson & Lione, one of the largest intellectual property law firms in the U.S., has been named a Top Young Lawyer by DBusiness magazine. For the second ...
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In a unanimous panel decision, the Federal Circuit affirmed the finding of the USPTO Patent Trial and Appeal Board (PTAB) that claims directed to cloned cattle, sheep, pigs, and goats are directed to non-patent eligible subject matter under 35 USC ...
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On March 4, 2014, the U.S. Patent and Trademark Office issued a long-awaited guidance memo for evaluating subject matter eligibility under 35 U.S.C § 101 in the wake of two recent Supreme Court decisions: Association for Molecular Pathology, ...
Press Releases
CHICAGO – Eighteen attorneys at Chicago-based Brinks Gilson & Lione, one of the largest intellectual property law firms in the U.S., have been selected by their peers for inclusion in The Best Lawyers in America for 2014. In addition, ...
Press Releases
SALT LAKE CITY—Ryan L. Marshall and Craig Buschmann, attorneys in the Salt Lake office of Brinks Gilson & Lione, one of the largest intellectual property firms in the country, have again been recognized by Super Lawyers in 2013. Mr. ...
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On June 17, 2013, the Supreme Court issued its long-awaited ruling in Federal Trade Commission v. Actavis, Inc. et. al., No. 12-416.  This case centered on the question of whether “reverse payment” settlement agreements unreasonably ...
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In a unanimous decision in Association for Molecular Pathology, et. al. v. Myriad Genetics, Inc. et. al., the U.S. Supreme Court found “a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been ...
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On May 13, 2013, the U.S. Supreme Court issued a unanimous decision in Bowman v. Monsanto Co. regarding the doctrine of patent exhaustion. This case centered on whether a farmer infringed Monsanto’s patent for genetically modified soybean ...
Press Releases
CHICAGO – Eleven attorneys at intellectual property law firm Brinks Gilson & Lione have been recognized as IP Stars for 2013 by Managing Intellectual Property magazine, for their insights into the intricacies of practicing IP law and their ...
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Ryan L. Marshall wrote “Patent Law 103: When is an Invention Obvious and When is it Patentable?” for the First Quarter 2013 issue of Intermountain West Society of Cosmetic Chemists Newsletter.
Press Releases
CHICAGO – Brinks Gilson & Lione has added four new attorneys as chairs of its firm-wide practice groups and formed two new task forces to focus on intellectual property legal services to clients in Germany and Brazil. Appointees include ...
Press Releases
CHICAGO – Thirty-eight attorneys from Brinks Gilson & Lione have been named in the 2013 Super Lawyers Illinois Edition, in the categories of Intellectual Property, Intellectual Property Litigation, and Alternate Dispute Resolution ...
Press Releases
CHICAGO – Chicago-based Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, today announced that Bashir M.S. Ali, David P. Lindner, John A. Lingl, Stephen C. Smith, Scott A. Timmerman and Mircea A. ...
Press Releases
CHICAGO – Brinks Gilson & Lione has again been ranked a top-tier law firm in the 2013 U.S. News & World Report-Best Lawyers® ranking of the 'Best Law Firms.” Brinks is ranked in Tier 1, the highest level, in the national ...
Press Releases
CHICAGO – Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, has announced the addition of six legal professionals in its Chicago office: Betsy J. Derwinski, Eric D. Babych, James G. DeRouin, ...
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Bryan Leitenberger and Dan Rube penned “How to Protect Inventions Under New Novelty Statute,” for Law360 on Sept. 20, 2012.
Press Releases
CHICAGO – The 2012 Super Lawyers Business Edition has named 24 attorneys from Brinks Gilson & Lione in the categories of Intellectual Property and Intellectual Property – Litigation respectively. The following Brinks attorneys are ...
Press Releases
CHICAGO – Leading Lawyers Network has named 54 attorneys from Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, as 2012 Leading Lawyers in intellectual property in Illinois for 2012. The roster ...
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On August 31, 2012, the Federal Circuit issued its highly anticipated en banc decision regarding Akamai Technologies, Inc. v. Limelight Networks, Inc., No. 2009-1372, -1380, -1416, -1417 and McKesson Technologies, Inc. v. Epic Systems Inc., No. ...
Press Releases
ANN ARBOR – Brinks Gilson & Lione, one of the largest intellectual property law firms in the U.S., announces that Robert D. Shereda, Ph.D. and Nicholas J. Angelocci have joined the Ann Arbor office and Jon H. Beaupré, a shareholder ...
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On August 16, 2012, the Federal Circuit issued, after remand from the Supreme Court, its opinion in The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 2010-1406, slip opinion (Fed. Cir. August 16, 2012) (“Myriad”). The ...
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On July 30, 2012, the Federal Circuit issued a decision in Caraco Pharmaceuticals, Ltd. v. Novo Nordisk on remand from the Supreme Court. As summarized in an earlier client alert (click here for the previous alert), the Supreme Court held in April ...
Press Releases
CHICAGO – Brinks Gilson & Lione, Chicago’s largest intellectual property law firm and one of the largest IP firms in the country, is pleased to announce its sponsorship of a new charter school, Legal Prep, slated to open this fall in ...
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On July 16, 2012, the Third Circuit issued a key ruling in In re K-Dur Antitrust Litigation regarding so-called “reverse payment” settlement agreements, which are not uncommon in the pharmaceutical industry. In these types of agreements, ...
Press Releases
ANN ARBOR–Brinks shareholder and patent attorney William R. Boudreaux has been named a Life Sciences Star in intellectual property law in the inaugural edition of LMG Life Sciences, a supplement to Managing Intellectual Property magazine. Mr. ...
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CHICAGO–Brinks shareholders and patent attorneys Andrew D. Stover and William R. Boudreaux have been named Life Sciences Stars in intellectual property law, in the inaugural edition of LMG Life Sciences, a supplement to Managing Intellectual ...
Press Releases
CHICAGO – Brinks Gilson & Lione has been ranked among the top U.S.-based patent law firms in Intellectual Asset Management’s inaugural IAM Patent 1000: The World’s Leading Patent Practitioners. The rankings are based on ...
Press Releases
SALT LAKE CITY – Super Lawyers magazine has named Ryan L. Marshall and Craig Buschmann in the Salt Lake City office of Brinks Gilson & Lione, as “Rising Stars” in the Mountain States in the area of intellectual property law. ...
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Ryan L. Marshall wrote “The Reward of a Generic Drug Challenge,” for the Spring 2012 issue of the Intermountain West Society of Cosmetic Chemists Newsletter.
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At the beginning of 2012, Brinks Gilson & Lione welcomed James R. Sobieraj as the firm's new president. Please click here for a personal message from Jim, as well as details on the growth of the firm.
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Jeffry M. Nichols and Andrea Lynn Evensen’s article “Patent Validity Challenges in the Medical Device and Diagnostic Industry” was republished on IP Frontline on Nov. 16, 2011. Read the original article here.  
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Jeffry M. Nichols and Andrea Lynn Evensen’s article “Patent Validity Challenges in the Medical Device and Diagnostic Industry” was republished on Mondaq on Oct. 27, 2011.
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Robert K. Fergan and Joshua E. Ney, Ph.D. penned “Lessons from Stanford,” for Law360 on August 23, 2011.
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Reprinted with permission from Genetic Engineering News.
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On June 13, 2005, the United States Supreme Court expanded the safe harbor provision of 35 U.S.C. §271(e)(1) to the “use of patented compounds in preclinical studies … as long as there is a reasonable basis for believing that the ...
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Jeffery M. Duncan, Helen A. Odar, C. Noel Kaman Darwin once said, '[i]n science, the credit goes to the man who convinces the world, not the man to whom the idea first occurs.' But Darwin wasn't talking about the world of patents where credit, ...
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