Tag Archives: European Union

Case of the Day: In re Schlich

Diagram of the CRISPR prokaryotic antiviral defense mechanism

Diagram of the CRISPR prokaryotic antiviral defense mechanism. Credit: James Atmos

The case of the day is In re Schlich (D. Mass. 2016). It arises out of competing claims to invention of CRISPR/Cas9, a new gene editing technology that has gotten a lot of attention in the popular press. Jennifer Doudna of UC Berkeley and her collaborator, Emmanuelle Charpentier, claimed to be the inventors, and Doudna’s company, Intellia Therapeutics, brought an opposition proceeding in Europe seeking to invalidate patents obtained there by the Broad Institute, listing another group of putative inventors, Feng Zhang, Le Cong, Patrick Hsu, and Fei Ran.
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Case of the Day: Miller v. Secretary of State

Keep Calm for He Is An Englishman

In my July 4 post on Brexit, I wrote:

… to put the EU question directly to the voters flies in the face of what I thought I knew about the UK constitution, particularly the idea of Parliamentary sovereignty. Some of the legal reaction to Brexit seems to bear this out. Assuming for the moment that the decision to invoke Article 50 of the EU Treaty isn’t a matter within the prerogative powers (if it were, the decision would be for the government), doesn’t Parliament still need to vote?

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Case of the Day: Akebia Therapeutics v. Fibrogen

The case of the day is Akebia Therapeutics, Inc. v. Fibrogen, Inc. (9th Cir. 2015). Fibrogen, a San Francisco biotech company, owns European and Japanese patents on the use of certain chemical compounds to treat anemia. Akeiba, a competitor, brought opposition proceedings in the European Patent Office and the Japanese Patent Office, asserting that the patents are invalid. Akeiba brought an application under § 1782 seeking leave to serve subpoenas for documents and testimony on Fibrogen. The judge granted the application ex parte, and Fibrogen appealed.
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