Media Mentions

2008

Astrid R. Spain was quoted in the April 29 issue of The Daily Transcript in an article regarding patent reform bills currently before Congress.  Ms. Spain commented on the bills' controversial provision which requires reasonable royalties or lost profits in infringement lawsuits to only be applied to the economic value of the specific contribution the patent makes to the product.  The change, "bogs down the judges and juries with massive data and expert testimony on figuring out what exactly is the apportionment, which would make lawsuits more expensive and increase damages," Ms. Spain said.  Regarding hopes that the bills will pass, Ms. Spain noted, "Clearly we have a lot of different industries with divergent interests, and our Congress represents all of these businesses and needs to strike a balance to encourage American innovation."

Astrid R. Spain, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech


2007

Astrid Spain was quoted in the East Bay Business Times on February 21 in an article about the rejection by the USPTO of Genentech's claims to a lucrative patent covering methods for making monoclonal antibodies.  "If the decision holds up, it would mean there was clearly some art that was missed in the initial examination that would create a substantial new question of patentability," said Ms. Spain. "In general, Genentech is known to have a very sound patent strategy and high-level patent prosecution.  That something was missed - a piece of prior art - is surprising, particularly for a patent that is of such importance."

Astrid R. Spain, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech


Astrid R. Spain was quoted in the January 21 edition of The Star-Ledger in an article discussing the case regarding Sanofi-Aventis' patent for clopidogrel bisulfate, the chemical name for Plavix, which the drugmaker co-markets with Bristol-Myers.  The companies are expected to prevail in their patent-infringement suit against Apotex.  Ms. Spain commented, "There isn't anything remarkable about the merits that are being argued.  The arguments are pretty ordinary.  The science behind it is not that complicated and Apotex is going to have an uphill fight on the merits."

Astrid R. Spain, Intellectual Property, Media & Technology, Life Sciences & Medical Devices, Life Sciences - IP


2006

Astrid Spain was quoted in The Deal on December 4 in an article on the pharmaceutical industry in China.  "I think the only strategy to deal with China is to take into account that they are moving through industrialization into a capital market society and to keep in mind that not long ago they made a shift from socialism into a capitalist society.  Those things still significantly shape their business environment," commented Ms. Spain.

Astrid R. Spain, Intellectual Property, Media & Technology, International, Life Sciences & Medical Devices


Astrid Spain was quoted in the October 5 edition of The Baltimore Sun in an article discussing the arguments presented before the U.S. Supreme Court in the MedImmune Inc. v. Genentech Inc.  Ms. Spain commented, "Licensing relationships are such an integral part of everyday business, that I think there's a lot of interest from the corporate world in this case."  She was also quoted in an interview with Bloomberg News.  A ruling in MedImmune's favor would put companies seeking a license "in a totally different position in that power balance" in negotiations.

Astrid R. Spain, Intellectual Property, Media & Technology, Life Sciences & Medical Devices, Life Sciences - IP, Litigation - IP, Media & Tech

McDermott Will & Emery

McDermott Will and Emery