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MoFo Life Sciences:  Federal Circuit Wades Into Article III Standing in Patent Cases Once Again

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On June 28, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice requesting public comments on the current...

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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On June 28, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice requesting public comments on the current state of the common law experimental use exception to patent infringement and whether Congress should consider codifying the experimental use exception through legislative action. This follows from a string of other recent Notices where the USPTO is seeking public input on other areas of patent law, including a recent Notice of Proposed Rulemaking on Terminal Disclaimer practice.Read the <a href="https://lifesciences.mofo.com/topics/240708-federal-circuit-article-iii-standing-patent-cases" target="_self">full blog post</a>.

MoFo Life Sciences: Federal Circuit Wades Into Article III Standing in Patent Cases Once Again

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Ashley Sperbeck focuses her practice on domestic and international patent prosecution, as well as IP due diligence, counseling, and portfolio management. She has extensive experience in several tech areas, including small molecule pharmaceuticals, medical devices, and life sciences.Prior to joining the firm, Ashley worked as an associate at an IP boutique law firm, where she prepared and prosecuted U.S. and international patents and counseled clients regarding freedom-to-operate and due diligence concerns.While attending law school, Ashley was a member of the Law Review and served as the Intellectual Property Law Society president. Ashley also served as a patent agent for the Innovations Department at the State University of New York Research Foundation and other IP boutique firms, a summer associate, and a legal intern in the Civil Division of the U.S. Attorney’s Office for the Northern District of New York.At the University of Notre Dame, Ashley received an M.S. in organic chemistry and an M.S. in patent laws. While at the University of Notre Dame, Ashley served as a computational organic chemistry and drug design graduate researcher studying the molecular basis for specificity in protein-protein interactions through observing the molecular logic of cell-surface receptors, focusing on proteins implicated in human disease, in collaboration with the Dana Farber Cancer Institute of Harvard University Medical School. She also worked with the Technology Transfer Office at the University of Notre Dame to secure patent protection for technologies in the aerospace engineering field.Ashley also worked as a Future Talent Program intern in the Process Chemistry Department of Merck Research Laboratories and received her B.S. in organic chemistry with a minor in physics in the honors program from Arcadia University.Ashley received national recognition from the American Intellectual Property Law Association via the Robert C. Watson Award (2018-2019) and from the American Chemical Society via the Philadelphia Section Scholastic Achievement Award (2010). She is also an accomplished publisher, served as a judge for several legal competitions, and moderated an interactive continuing legal education course at the New Jersey State Bar Association Annual Meeting in 2022. Ashley also served as the American Bar Association (ABA) Young Lawyers Division (YLD) Intellectual Property Law Committee co-chair.

Ashley Sperbeck

Associate

Mark D. McBriar focuses his practice on patent drafting and prosecution, IP due diligence, freedom to operate, patentability evaluations, re-examinations, and litigation support. Dr. McBriar works with pharmaceutical and life sciences companies on small molecule pharmaceutical compounds, synthetic methods, drug discovery, and methods of treatment.Dr. McBriar drafts and prosecutes U.S. patent applications and directs foreign patent prosecution relating to various pharmaceutical and biotechnology matters. He conducts freedom-to-operate, invalidity, non-infringement, and patentability studies for clients, as well as due diligence portfolio evaluations.Dr. McBriar works with technologies that include small molecule anti tumor, cardiovascular, and central nervous system pharmaceuticals; radiolabeled imaging agents; and veterinary and agricultural pesticides. He also works on innovations in the fields of organic chemistry, including small molecule discovery scale and process scale synthesis, and medical devices, including cardiovascular valve repair devices and stents.Prior to joining the firm, Dr. McBriar was Special Counsel at another major international law firm, where he directed prosecution of chemistry and pharmaceutical patent prosecution, provided support in ANDA and biosimilar litigation, and performed due diligence and patent strategy counseling for clients in the life sciences industry.Dr. McBriar was previously an Associate Principal Scientist and, before that, a Senior Research Scientist with the Cardiovascular/Central Nervous System Discovery Chemical Research at the Schering-Plough Research Institute (now known as Merck). There, he designed, synthesized, and optimized central nervous system preclinical drug candidates for Alzheimer’s and anti-obesity therapeutics.Dr. McBriar also worked as an assistant scientist with the Cardiovascular Discovery Research at Rhone-Poulenc Rorer (now known as Sanofi-Aventis), where he synthesized peptidomimetics and non-peptide enzyme platelet aggregation inhibitors for cardiovascular therapies.During his doctoral studies at the University of Pennsylvania, Dr. McBriar's focused on asymmetric total synthesis of Spongistatin 1, a potent anti-tumor marine marcolide natural product.Dr. McBriar earned his B.S. in chemistry, cum laude, from Dickinson College, where he conducted independent research in which he initiated an organometallic-based approach to the synthesis of the analgesic cyclomethicaine, as well as participated in the design of a software application using the Kalman filter technique to improve signal to-noise ratios in analysis of atomic absorption spectra.