Foley & Lardner LLP will be hosting a web conference entitled "Gene Patenting -- Defining a Potentially Pivotal Moment in Biotech" on Tuesday, January 11, 2011 from 12:00 to 1:00 pm (Eastern). The web conference will be moderated by Harold C. Wegner of Foley & Lardner LLP, and will include the following panelists: Patent Docs author Kevin Noonan, Ph.D. of McDonnell Boehnen Hulbert & Berghoff LLP; Associate Professor Joshua D. Sarnoff of DePaul University College of Law; Hans Sauer, Ph.D., Associate General Counsel for Intellectual Property for the Biotechnology Industry Organization (BIO); and Jacqueline D. Wright Bonilla, Ph.D. of Foley & Lardner LLP.
Issues to be discussed will include:
• Is DNA a 35 U.S.C. § 101 "composition of matter"?
• What exactly is a "gene patent," and what does it mean to assert that such technology is patent-ineligible?
• Are other statutory requirements (such as non-obviousness) more appropriate gatekeepers for obtaining patents directed to this subject matter?
• Does the Justice Department's distinction supporting patent-eligibility of some DNA compositions, but not isolated "product-of-nature" DNA, make legal and scientific sense?
• What practical implications would a decision based on the DOJ distinction have for the biotech industry?
• What alternate claim forms will be open?
• Would an anti-eligibility ruling violate the Trade-Related Aspects of Intellectual Property Rights (TRIPS)?
• Will the Federal Circuit dismiss the case for lack of jurisdiction under Medimmune v. Genentech?
Those interested in attending the conference can do so here. Additional information regarding the web conference can be found here.
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