Intellectual Property
Apr. 19, 2012
Michael J. Wise
See more on Michael J. WisePerkins Coie LLP Los Angeles
Wise figures part of his varied practice - patent interferences - eventually will be rendered obsolete after the new patent reforms take effect March 2013.
Patent interference proceedings are a by-product of the United States' "first to invent" system, when two individuals filing for the same invention butt heads and it's up the patent office to sort it all out.
"This is very common in the biotech area," Wise said, "because people are looking at the same drugs and biologics."
He added, "Most of the major biologic drugs have had some kind of interference proceeding, with different companies working to be the first."
But the switch in the U.S. to a "first to file" system, common in other countries, should generate plenty of other work, he said.
"My practice will migrate toward post-grant and inter partes reviews," Wise added.
This, he said, will likely be more lucrative for attorneys, because there will be more of these procedures, which "I believe will make up for the loss of revenue from the phase-out of interferences."
Not that it will be any less stressful than fielding interferences.
"Everybody has to be on their toes, monitoring competitors' patents and what is being prosecuted in the patent office in order to timely contest a grant of patents," Wise said.
If the window for having post-grant reviews is missed, Wise added, "it will diminish your ability to attack a patent in the patent office."
Serving as managing partner for the firm's China region, Wise heads up its China IP practice.
Among his significant matters, Wise represents Ruyan Investments (Holdings) Ltd, an innovator in the field of electronic cigarette technology, in two lawsuits pending against a number of U.S. e-cigarette sellers for alleged infringement of a U.S. patent that's based on a Chinese invention. Ruyan v. Smoking Everywhere Inc., CV 11-0367 GAF (FFMx) (C.D. Cal.); Ruyan v. Vapor Corp., CV 11-6268 GAF (FFMx) (C.D. Cal.).
- PAT BRODERICK
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390
Send a letter to the editor:
Email: letters@dailyjournal.com