HB Litigation News

Tag: Patent

  • The New European Unified Patent Court with Marianne Schaffner and Thierry Lautier

    The New European Unified Patent Court with Marianne Schaffner and Thierry Lautier

    What’s the new European patent court mean to global innovators?

    The European Union’s new Unified Patent Court is an international body set up by participating EU Member States to deal with the infringement and validity of both Unitary Patents and European patents. The court’s objective is “putting an end to costly parallel litigation and enhancing legal certainty.”

    Unitary patents are intended to make it possible to get patent protection in up to 25 EU Member States by submitting a single request to the European Patent Office, making the procedure simpler and more cost effective for applicants. The new system goes live on June 1, 2023.

    What must U.S. and multi-national U.S.-based companies understand about the court?

    Why should inventors and their organizations factor it in to any existing or new patent strategy they may be developing?

    For answers to these questions and more listen to my interview with attorneys Marianne Schaffner and Thierry Lautier who practice out of the Paris office of Reed Smith. Marianne heads the intellectual Property team in Paris and the patent practice in Europe. She manages complex national and transnational patent, trade secrets and trademark disputes in the healthcare, chemistry, technology and telecommunications sectors. Thierry is part of the firm’s global Intellectual Property Group. With a dual legal and engineering/scientific background, Thierry uses his understanding, knowledge, and experience to provide clients with creative, technically robust, and business-oriented patent strategies.

    This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.

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    Marianne Schaffner

    Marianne SchaffnerReed Smith

    Marianne Schaffner is a partner in our Paris office. She heads the Intellectual Property team in Paris and the Patent practice in Europe.

    Marianne is a well-known intellectual property litigation lawyer. She is recognized for coordinating and managing complex national and transnational patent, trade secrets and trademark disputes in the healthcare, chemistry, technology and telecommunications sectors.

    Having studied and worked in the UK, Germany, the Netherlands and the United States, she has extensive knowledge of both the European and American judicial systems.

    Marianne Schaffner is repeatedly ranked by Chambers Global and Chambers Europe and is regularly ranked in Legal 500 EMEA, Décideurs, Stratégie Finance Droit among the Top Leaders.

    Thierry Lautier

    Thierry LautierReed Smith

    Thierry Lautier is part of the firm’s global Intellectual Property Group.

    Thanks to his dual legal and engineering/scientific background, Thierry is unique in being one of very few French patent litigators, qualified as both an attorney-at-law and a European patent attorney. As an optics and electronics engineer by background, Thierry uses his understanding, knowledge, and experience to provide clients with creative, technically robust, and business-oriented patent strategies.

    In addition to patents, Thierry counsels his clients on trade secrets. Thierry’s practice includes the building up of corporate trade secrets programs (the so-called “reasonable steps” to protect trade secrets), as well as the protection of trade secrets during court litigation (regarding confidential evidence). Thierry is the author of many articles in France on trade secrets and on their interplay with intellectual property.

  • Biotech Patent Wars: If at First You Don’t Succeed . . . University of California v. The Broad Institute

    Biotech Patent Wars: If at First You Don’t Succeed . . . University of California v. The Broad Institute

    Biotech Patent Wars: If at First You Don’t Succeed . . . University of California v. The Broad Institute

    Abstract

    This case discussed in this article is about two methods of editing DNA: one that has infinitely more lucrative applications because it can edit human DNA (plus all animals and plants), another that works in cell-free environments. Whether inventions are separate or part of the same innovation is an important factor in patent interference disputes; if there are two patentably distinct inventions there cannot be interference. One party in this case lost its argument that there was only one invention at issue, but returned with a second interference claim, arguing that it was the first inventor to constructively reduce to practice the animal and plant DNA editor. In this article, the author examines the nuances and intricacies of the patent process in the world of biology, and how patent lawyers must possess a level of knowledge in disciplines related to the inventions they seek to protect. This is necessary, for example, in understanding whether an invention is a significant improvement over prior innovations. The author also shares the importance of confidentiality especially when potentially groundbreaking (and lucrative) inventions are in development.

    Author

    Adrienne B. Naumann (adriennebnaumann@uchicago.edu) practices intellectual property law at the Law Office of Adrienne B. Naumann in Skokie, Illinois. She has held leadership positions relating to patents, science, and technology law with the Chicago Bar Association and the Converging Technologies Association. She currently serves as Secretary on the Board of the University of Chicago Women’s Alliance. Ms. Naumann has also written numerous articles on intellectual 56 Journal of Emerging Issues in Litigation property law and her book United States Federal Intellectual Property Developments includes discussion of decisions under the Defend Trade Secrets Act as well as those by the Supreme Court and was published by Pincus Professional Education.

    About
    The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.

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