Rothwell Figg

On April 22, 2021, the Supreme Court issued a unanimous decision finding that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade Commission Act (the “FTCA”). The result means that defendant Scott Tucker does not have to pay $1.27 billion in restitution and disgorgement, notwithstanding that his payday loan business was found to constitute an unfair and deceptive practice.  The result also means that onlookers…
In Part I of this series providing a summary of the mRNA IP and competitive landscape through one year of the COVID-19 pandemic, we focused on market players BioNTech, Moderna and CureVac; in Part II, we discussed Translate BIO, Arcturus, and eTheRNA (and other startups) and provided background on activity relating to certain Arbutus lipid nanoparticle (LNP) delivery technology. Here, in our final post, we provide an analysis of the current landscape and offer conclusions.…
Capsida Biotherapeutics Inc.—a  Thousand Oaks, CA-based emerging biotechnology company—recently emerged from stealth mode with $ 140 million in start-up capital. Capsida secured a $50 million Series A commitment from Versant Ventures and Westlake Village BioPartners, and a multi-year strategic collaboration and option agreement with AbbVie that provides $90 million in up front and equity investment capital in addition to potential future option, development, and commercial milestone payments. Capsida is using an adeno-associated virus (AAV)…
Capsida Biotherapeutics Inc.—a  Thousand Oaks, CA-based emerging biotechnology company—recently emerged from stealth mode with $ 140 million in start-up capital. Capsida secured a $50 million Series A commitment from Versant Ventures and Westlake Village BioPartners, and a multi-year strategic collaboration and option agreement with AbbVie that provides $90 million in up front and equity investment capital in addition to potential future option, development, and commercial milestone payments. Capsida is using an adeno-associated virus (AAV)…
In Part I of this three-part series, we focused on three mRNA technology market players: BioNTech, Moderna and CureVac. In this second post, we will focus on Translate BIO, Arcturus Therapeutics, and eTheRNA and discuss certain issues relating to lipid nanoparticle (LNP) delivery technology. More mRNA Market Players Translate Bio Translate Bio, Inc. (NASDAQ: TBIO) is headquartered in Lexington, MA, and as of April 2021, has a market capitalization of over $1.3…
The Supreme Court’s recent landmark ruling in Google v. Oracle ended a decade-long legal battle between the tech giants, finding that Google’s copying of over 11,000 lines of Oracle’s Sun Java application programming interface (“API”) code was permissible fair use under copyright law. This ruling means that Google won’t have to pay billions of dollars in damages to Oracle. It also has huge implications for the broader software and tech industries. While the Supreme Court…
A patent gives the patent holder the right to exclude others from making, using, selling, offering to sell, or importing an invention covered by the patent.  However, the right only lasts for a limited period of time and will disappear upon the expiration of the patent.  After the patent expires, the invention will fall into the public domain. For a patent holder, as well as its partners and competitors, understanding how long a patent’s life…
On April 15, 2021, the United States Patent and Trademark Office (“USPTO”) implemented the COVID-19 Prioritized Examination Pilot Program (“Pilot Program”) to fast-track ex parte appeals of products or processes subject to an applicable FDA approval for COVID-19 use. Generally, appeals to the Patent Trial and Appeal Board (PTAB) are taken up for decision in the order they are docketed, with an average of 13 months from the time the PTAB receives the appeal to…