Protecting and Enforcing the Intellectual Property Behind Medical Diagnostics

CONCLUSION A successful IP assessment policy creates a framework for identifying new inventions, documenting the invention disclosure process, determining the appropriate IP protection, and educating employees. REFERENCES [1] 35 U.S.C. § 101. [2] USPTO Performance and Accountability Report, FY 2017 at p. 15 (The average first USPTO action pendency is between 1.2 and 1.5 years.). [3] 35 U.S. Code § 154. [4] U.S. Const. art. I, § 8, cl. 8; see also 35 U.S.C. § 112. [5] 35 U.S. Code § 154(a)(1). [6] 28 U.S. Code § 1338 (“The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents.”). [7] PwC’s Forensic Services, 2017 Patent Litigation Study, Change on the Horizon?, p. 7; see also DocketNavigator analytics (Since 2008, the Eastern District of Virginia has maintained an average time to trial of approximately 1.3 years). [8] See 35 U.S. Code § 284; see also eBay Inc. v, MercExchange, L.L.C., 126 S. Ct. 1837 (2006). [9] PwC’s Forensic Services, 2017 Patent Litigation Study, Change on the Horizon?, pp. 5, 9 (“The largest patent-infringement verdict in U.S. history was granted in 2016 in Idenix Pharmaceuticals LLC v. Gilead Sciences Inc. Idenix, a subsidiary of Merck, was awarded $2.5 billion by a jury for its patent related to a hepatitis C drug.&...
Source: MDDI - Category: Medical Devices Authors: Tags: Regulatory and Compliance Source Type: news