Emer Simic, a partner in the Intellectual Property practice group, was quoted in the article “Pharma Patents Threatened by Federal Circuit, Petitions Say,” which was recently posted on Bloomberg Law. The article explores the fact that drug makers have been facing tougher Federal Circuit standards. Three separate petitions are pending asking the U.S. Court of Appeals for the Federal Circuit to re-examine the stringent benchmark tests it has set for patent owners, which have created a burden for the life sciences industry.
“If the written description standard is now going to require proof of efficacy in a patent application, that also creates a problem for pharmaceutical companies in deciding when to file for patent protection,” said Emer, a patent attorney. “This does create a significant worry for pharmaceutical companies pursuing drugs for treatment of various conditions.” The article also refers to a statement of Simic’s regarding Biogen’s chances of a Supreme Court grant.
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