MoFo Life Sciences

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Firm Profile: Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105-2482, United States
Phone: (415) 268-7000
Fax: (415) 268-7522
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  • Health
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Key Developments in MedTech M&A: Momentum Despite Macroeconomic Uncertainty

2024 was a challenging year for M&A activity in the medical technology (“MedTech”) industry. Although some sectors experienced a rebound in deal volume, MedTech dealmakers were disproportionately affected by a difficult… more
 /  Health, Mergers & Acquisitions, Science, Computers, & Technology

Is Your Claim Open or Closed? Claim Construction Takes on a New Meaning in Eye Therapies, LLC v. Slayback Pharma, LLC

On June 30, 2025, the Federal Circuit issued a precedential decision in Eye Therapies, LLC v. Slayback Pharma, LLC, reversing the Patent Trial and Appeal Board’s (PTAB’s) claim construction of the phrase “consisting essentially… more
 /  Intellectual Property

Need to FAST Track Your Patent? The USPTO increases the Annual Limit to 20,000

Effective July 8, 2025, the U.S. Patent and Trademark Office (USPTO) expanded the availability of prioritized examination, increasing the limit on the number of requests from 15,000 to 20,000 in a fiscal year. The 20,000 limit… more
 /  Administrative Law, Intellectual Property

What Makes a Good Cell and Gene Therapy Application?

Cell and gene therapies represent a transformative frontier in modern medicine, offering potential cures for previously untreatable conditions. However, securing intellectual property (IP) protection for these innovations… more
 /  Health, Intellectual Property, Science, Computers, & Technology

A Tip for Improving Your “Improved” Jepson Claim: Include Written Description Support

The Federal Circuit issued a precedential opinion in In re: Xencor, Inc.concerning written support for Jepson claims. The decision affirms the decision of the Appeals Review Panel (ARP) of the USPTO, which held that the pending… more
 /  Intellectual Property

USPTO Discontinues Accelerated Examination Program in Favor of Expanding Track One Program

On June 10, 2025, the United States Patent and Trademark Office (USPTO) announced that, after nearly 20 years, it will be discontinuing its Accelerated Examination Program for utility applications on July 10, 2025. The USPTO’s… more
 /  Administrative Law, Intellectual Property

Subject Matter Eligibility of AI Medical Treatments

Artificial intelligence (AI) has quickly become a springboard for breakthroughs in personalized medicine, enhanced medical imaging, and predictive modeling for drug development. And given the role it played in two recent Nobel… more
 /  Health, Intellectual Property, Science, Computers, & Technology

Data Privacy at the Crossroads of AI and Life Sciences: U.S. and EU Perspectives

AI is transforming the life sciences industry by accelerating drug discovery and personalizing patient care. But as companies increasingly rely on AI to process genetic, biometric, and other types of health data, they must also… more
 /  Consumer Protection, Health, Privacy, Science, Computers, & Technology

Patent-Eligibility Considerations & Prosecution Strategies for AI-Based Life Sciences Patent Applications

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences. Stay… more
 /  Health, Intellectual Property, Science, Computers, & Technology

AI Transparency in Healthcare: Navigating a Changing Regulatory Landscape

Transparency of artificial intelligence (AI) systems in healthcare is quickly becoming a central concern for regulators due to potential impacts on patient safety, healthcare quality, bias mitigation, and public trust. To… more
 /  Health, Privacy, Science, Computers, & Technology

Recentive: Raising the Patent-Eligibility Bar in AI-Related Inventions

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences. Stay… more
 /  Health, Intellectual Property, Science, Computers, & Technology

In Patent Prosecution, You Have the Right to Remain Silent. Anything You Say Can and Will Be Used Against You in the Court of Law

While a Miranda warning isn’t given prior to starting substantive examination, perhaps it should be. In Azurity Pharmaceuticals, Inc. v. Alkem Laboratories, Ltd., a precedential decision issued on April 8, 2025, the Federal… more
 /  Health, Intellectual Property, Science, Computers, & Technology

AI Agent as a Service in Medtech: Key Considerations for Commercial Contracts

Artificial intelligence (AI) is transforming the medical technology (“medtech”) and healthcare industries through the integration of advanced AI agents. Unlike traditional AI systems that perform discrete, predefined tasks, AI… more
 /  Consumer Protection, Health, Intellectual Property, Privacy, Science, Computers, & Technology

HHS Secretary to FDA: Consider Elimination of GRAS Self-affirmation Pathway

On March 10, the U.S. Department of Health and Human Services (HHS) issued a press release emphasizing “radical transparency to make sure all Americans know what is in their food” and announcing that HHS Secretary Robert F… more
 /  Administrative Law, Consumer Protection, Health, Science, Computers, & Technology

Federal Circuit Clarifies Patent Term Extension Calculation for Reissue Patents

On March 13, 2025, the Federal Circuit issued a decision in Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., No. 23-2254 (Fed. Cir. 2025) that clarifies how patent term extension (PTE) is calculated for reissue patents… more
 /  Administrative Law, Health, Intellectual Property
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