RALEIGH, N.C.--Myers Bigel Sibley & Sajovec, P.A. (Myers Bigel), the largest independent patent law firm in North Carolina, will lend its expertise to life science professionals at BIO 2013 in Chicago as it partners with NCBIO at the North Carolina Pavilion, booth #2617, at McCormick Place April 22-25. Members of the Myers Bigel biotechnology practice group will be sharing information and best practices in biotechnology patents including updates on recent changes from the U.S. Patent & Trademark Office (USPTO) and the America Invents Act (AIA).
"The conversion from a first-to-invent to a first-to-file patent system has definitely led to changes in patent strategy, especially regarding timing of filing," said Shawna Lemon, Ph.D., a member of the Myers Bigel biotechnology and pharmaceutical practice groups who will be representing the firm at the North Carolina Pavilion.
The showcase international event for the biotechnology industry, BIO 2013 is expected to attract 15,000 life-science professionals from 49 states and 65 countries. Presented by the Biotechnology Industry Organization (BIO), the annual convention serves to educate the public and policymakers about biotechnology, while fostering partnering meetings and other business development activities to keep the biotech industry growing. BIO is a nonprofit association seeking supportive biotechnology policies on behalf of more than 1,100 biotechnology companies, academic institutions, state biotechnology centers, and related organizations across the United States and in more than 30 other nations.
BIO 2013 will feature 125+ Breakout Sessions and six Super Sessions, covering topics including how implementation of the AIA is affecting U.S. and European patent prosecution; what multi-party and cross-border patent issues are affecting biotech businesses; and strategic considerations for regulatory approval and patents of biosimilars.
"Patent enforcement is particularly challenging in the biotech field, given the rapidly advancing technology, as well as the recent changes in the law that have occurred in the last several years," Peter Siddoway, an attorney in the Myers Bigel litigation group, said.
"Last year the U.S. Supreme Court significantly altered the scope of patent-eligible subject matter. This year the Supreme Court has the opportunity to decide whether to affirm or overturn a new standard for indirect infringement of a patent. These changes to patent law have a significant impact on biotech companies seeking to grow their patent portfolios, enforce their existing patents, and defend against infringement claims," he explained.
According to Siddoway, until August 2012, infringement of a patent required that one person or company perform all the elements of the patent claim. When the Federal Circuit altered this requirement, Myers Bigel worked with clients to evaluate their existing patent portfolios in light of this new legal standard and counseled them regarding possible defensive postures in light of the new, broader scope of possible indirect infringement liability.
According to Dr. Lemon, whose practice areas include biotechnology, pharmaceutical, and chemical, a major issue that remains constant year-in, year-out is the danger of a weak patent or patent application that is written too narrowly.
"Especially in biotech, you need quality patents that stand up to scrutiny. Drafting a well-written patent that covers the full scope of an invention will better enable us to enforce the patent successfully on behalf of our clients when challenged in court," she explained, adding, "Because our lawyers have technical backgrounds in the same market spaces as our clients, we can better relate to inventors and more fully comprehend the nuances of the technological aspects of the patent applications we prepare or patents we litigate."
With a B.S. in Biology and Doctorate in Biomedical Sciences (with a concentration in pharmacology), Dr. Lemon is joined in the Biotechnology practice group by attorneys Erin Bobay, B.A. in Chemistry and Biology and Master's in Biochemistry; Alice Bonnen, Ph.D., B.S. and Master's in Plant Physiology, Doctorate in Plant Pathology; Mary Miller, Ph.D., B.A. in Microbiology, Doctorate in Philosophy; Sherry Murphy, B.A. in Neuroscience (with a focus on Molecular Biology, Chemistry and Mathematics); Adam Rucker, B.S. in Agricultural Biotechnology and Biology, Master's in Neuroscience; Robert Schwartzman, Ph.D., B.S. in Chemistry, Doctorate in Pharmacology; and Ken Sibley, B.A. in Biology and Psychology, Master's in Neurobiology.
Dr. Lemon, in addition to Mary Miller, Ph.D., will be available to answer queries about biotech patent issues at the North Carolina Pavilion, booth #2617.
With a full-service IP practice, Myers Bigel provides expertise in all intellectual property areas, including trademarks, copyrights, and patents, with attorneys well-versed in prosecution and litigation to enforce or defend patent, trademark and copyright claims.
Operating out of the Research Triangle Park area of North Carolina, Myers Bigel represents corporate and university clients located in the Carolinas, throughout the Southeast, across the United States, and in Europe and Asia. For more information, visit www.myersbigel.com.
About Myers Bigel
Myers Bigel Sibley & Sajovec, P.A. (Myers Bigel) is an intellectual property law firm combining patent law expertise with a stable continuity of counsel to produce quality patents that stand up to scrutiny. We are the largest independent patent law firm in North Carolina, continually ranked among the top national firms by well-respected legal media and industry organizations. Our knowledgeable, vibrant team of attorneys with degreed technical experience successfully acquires, protects, enforces and defends patent assets and intellectual property in a variety of fields including biotechnology, chemistry, electronics and computing, mechanical, and trademark practice groups, as well as in litigation. Headquartered in Raleigh in the Research Triangle Park region of North Carolina, with clients spanning the globe, we remain active in symposia, seminars, and continuing education efforts to further best practices in intellectual property protection and enforcement. For more information on our high quality work visit www.myersbigel.com.
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