Booth Udall Fuller, PLC - Patents, Trademarks & Copyrights

04/26/2024

World Intellectual Property Day celebrates the role of intellectual property rights like patents, trademarks, and copyrights in fostering global arts and technological innovation that drives human progress.

04/03/2024

Our attorneys Kenneth Booth, Pacer Udall, and Bryce Burnham will be at Venture Madness from April 3-4 in Scottsdale.

The Venture Madness Conference is Arizona’s longest-running capital conference and early-stage pitch event!

04/06/2023

Help us congratulate Phoenix Robotics Team. See their story here. https://youtu.be/B17WhM-0l78

The Phoenix Coding Academy is used to the science and technology of robotics, but they don't have a lot of confidence going into a robotics competition in Lo...

02/01/2023

To those of you who have biopharmaceutical patents: Imagine a world where you have to specify species of antibodies on your patent application instead of being able to claim an entire genus of antibodies to include in your intellectual property protections. That might be the future; it all depends on how the U.S. Supreme Court decides Amgen v. Sanofi.

The Federal Circuit opinion being considered by the Court seems to take the position that the mere number of potential species within the genus warrants concluding that the genus claims do not have adequate support in the application. We hope the Court will depend on the quality of effort required by the practitioner rather than the quantity based purely on the size of the genus.

Of course, the genus claim provides much broader protection. Hopefully, the Court will recognize that even a very large number of species within a genus can be easily or routinely considered by a skilled practitioner without undue experimentation. Otherwise, broad claims in this area may be all but impossible to obtain without a wide range of exemplary species as diverse as possible within the genus.

01/05/2023

Amgen v. Sanofi may or may not be a court case you recognize, but especially if you are in the biopharmaceutical industry, it may be one you need to be aware of. The U.S. Supreme Court has agreed to review this case and ultimately determine whether patents can cover a genus of antibodies or whether patents must limit their claim scope to a small number of species of antibodies.

The Court will focus in large part on the extent to which the disclosure teaches enough to enable one of skill in the art to practice the full scope of the claimed genus, without requiring undue experimentation to determine which species within the genus are effective and useful as claimed, and which species are not. The Federal Circuit opinion being considered by the Court seems to take the position that the mere number of potential species within the genus warrants concluding that the genus claims do not have adequate support in the application. We hope the Court will depend on the quality of effort required by the practitioner rather than the quantity, based purely on the size of the genus.

Of course, the genus claim provides much broader protection, but the general rule is there needs to be sufficient disclosure in the application to support claims covering the entire genus, from the perspective of one of skill in the relevant art. Hopefully, the Court will recognize that even a very large number of species within a genus can be easily or routinely considered by a skilled practitioner without undue experimentation.

Like you, we are interested in this case and will be watching progress and updating you along the way!

https://www.procopio.com/scotus-pharma-patent-enablement/?utm_medium=email&_hsmi=233830341&_hsenc=p2ANqtz-_7IkXKPTxy45tUAANG5b3hI9EkNOL16e212vjalKFMKh7b3tuwp3_J5_F2Dse4DvgBbp6cu7DmPcMv17G7z0sQ6XWJ0A&utm_content=233830341&utm_source=hs_email

12/28/2022

Whatever you celebrate, However you celebrate… We hope you have a very Happy Holiday Season!

12/23/2022

We are so excited to welcome John Harrelson to our team!

11/11/2022

Thank you to our veterans for their sacrifices and service.

11/08/2022

Today is the day! Don't forget to vote.

11/08/2022

Today is the day! Don't forget to vote.

09/30/2022

We are growing and looking to add new members to our team of dedicated professionals. BUF is currently seeking a full-time Front Office Administrator. Are you ready to make a difference? Consider joining our team. Please share this opportunity with others.

CAREERS Booth Udall Fuller handles complex legal matters and strives to advance the expected level of legal representation in the intellectual property community in unique ways that bring additional value…

06/09/2022

We are thrilled to have Scott joining our team! Scott is a very experienced patent law attorney on the east coast who previously worked with Rod.