Daniel A. Scola, Jr., Managing Partner, Hoffmann & Baron, LLP, was recently quoted in Law360’s “Wyeth’s Patent Loss Has Attorneys Focusing On Dosage”.
In a conversation with reporter Dani Kass, Scola discussed Wyeth LLC’s patent loss and the dilemma behind drug companies such as Wyeth filing for broad patents when their research and development begins to generate results.
The law changed the U.S. patent system from awarding patents to the first person to invent an innovation to the first person to file a patent application. As a result, companies developing new drugs faced increased pressure to file quickly before their competitors. Scola explained how holding onto those broad patents has become far more difficult. “In the old days, it used to be so much easier,” he stated. “You could claim huge swaths of subject matter and not have to show nearly what you have to show now.”
Scola elaborated, “The approach of trying to take a specific finding and “extrapolate to some sort of a genericized version of that” in the patent is increasingly risky, as Wyeth has just shown. Past enablement cases have focused on claiming examples of what the patentee has found, and now we have the parallel issue with dosages.”
To read the article in its entirety, please click here: https://bit.ly/4fRs6uk (behind paywall)
ABOUT DAN SCOLA:
Daniel A. Scola, Jr. is the managing partner of Hoffmann & Baron, LLP, and also manages the chemical, pharmaceutical/biochemical and medical device practice group in the New Jersey office. He has extensive experience in polymers, pharmaceuticals, and medical devices. He specializes in building IP portfolios and designing strategies to protect and enhance company value. Previously, he was Counsel, patents, and trademarks as well as Assistant Corporate Secretary at The Warner-Lambert Co. and Intellectual Property Attorney at Loctite Corporation. Prior to earning his law degree, Scola was an adhesive and composite-materials engineer at the Pratt & Whitney Division of United Technologies.
Moreover, Dan is a contributing author in the recently published, BE THAT LAWYER: 101 Top Rainmakers’ Secrets to Growing a Successful Law Practice. The book features 101 legal pros who share visionary insights into business development, mindset, and success. The book offers actionable tips for attorneys looking to start or grow their practice.
In his chapter, “Beyond The Pitch,’ Scola discussed his extraordinary journey to managing partner. He stated, “Most attorneys start at a firm and move in-house, whereas I was in-house counsel before entering private practice. This unusual trajectory shaped my understanding of a client’s needs and fueled my commitment to truly understand the business side of law.”
ABOUT LAW360:
Law360 is a premier news source dedicated to delivering information around the clock with their award-winning journalism and a vast network of data scientists, editors, and experts. With efficiency and speed, Law360 helps lawyers be up to date with new, professional developments in law so that they can offer their clients the best, contemporary legal advice.
© Hoffmann & Baron, LLP | Attorney Advertising, Disclaimer
By using our website, you agree to the terms of our Cookie Policy.