Mintz On Air

Health Law Diagnosed: Digital Health During the PHE & Beyond: Leveraging Telehealth to Address Access to Care Disparities

The acceleration in the development and use of, and comfort with, telehealth over the past several years has the potential to counteract historical disparities in access to health care. Listen to hear how Andy Ward, Director of the South Boston Collaborative Center, and Kate Steinle, Chief Clinical Officer of Folx Health, are leveraging telehealth to serve their communities.

Exclusive Rights: Intellectual Property - Will the Unified Patent Court Change Everything?

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, founding host Dan Weinger speaks with Dr. Thomas Gniadek, a seasoned EU patent and trade secrets litigator with Simmons & Simmons in Munich, Germany, about the Unified Patent Court (UPC). Coming soon to the European Union, the UPC and the Unitary Patent promise to create a radical sea change in how patents will function in the European Union.

Dan and Thomas dive into some of the changes that are coming, covering these topics and more:

• Expected shift in the balance of power in the patent space, with the UPC covering a market of more than 400 million people
• Types of matters to be handled at the local and regional divisions versus the central division courts
• Limits of the European Court of Justice, which sets up the Court of Appeals as the final arbiter of patent law
• How the UPC will decide what language to use for litigation
• How the Court of Appeals will synthesize decisions from the local and central divisions to make patent law consistent across the EU over the coming years, including the likely development of sophisticated damages jurisprudence

Health Law Diagnosed: Key Takeaways from the 6th Annual Pharmacy & Pharmaceutical Industry Summit

Our 6th Annual Pharmacy & Pharmaceutical Industry Summit covered how the confluence of the rapid growth of consumer-centered health care, the lingering effects of the COVID-19 pandemic, a focus on equitable access to care, and the new presidential administration are driving change across the industry. Listen to our team discuss key takeaways from the weeklong summit and how industry trends are impacting business practices.

Health Law Diagnosed: Transactions Part 2: Health Regulatory Diligence and How to Prepare for a Sell-Side Transaction

Health regulatory diligence has the ability to make or break a deal. Listen to hear about our team’s firsthand experience in the importance of conducting health regulatory diligence and best practices in preparing for a sell-side transaction.

Health Law Diagnosed: Transactions Part 1: Regulatory Trends in Recent Health Care Transactions

2021 was a busy year for Mintz’s Health Law team, as they helped clients navigate complex health care transactions. Listen to hear the macro trends our team is seeing in the market, as well as their takeaways from the deals they closed.

Exclusive Rights: Intellectual Property - Domestic Industry at the ITC – The Commission Has Set a Positive Trend

While there have been some adverse decisions from individual administrative law judges at the US International Trade Commission in recent years, final decisions coming from the commission since January 2019 have largely affirmed that complainants have satisfied the domestic industry (DI) requirement. Daniel Weinger, founding host of the Mintz EXCLUSIVE RIGHTS: Intellectual Property podcast, talks about this trend with Jonathan Engler, a seasoned ITC litigator, former attorney in the ITC’s General Counsel’s office, and newest Mintz IP litigator. Jonathan conducted a case-by-case analysis of relevant ITC decisions over the past 3+ years — and he discusses the results and shares his insights on the data.

Among other things, Daniel and Jonathan will talk about:

• Final decisions on DI issues by the commission have been almost entirely positive since 2019
• The history of the DI requirement at the ITC — from mostly stipulated to regularly challenged
• Recent decisions, including the decision in the 1206 investigation related to complainant Hyperice, and the lessons we can learn from them
• Reasons other than the DI requirement which are likely to trip up complainants at the ITC

Health Law Diagnosed: Mintz’s 2022 Health Law New Year’s Resolutions

The Mintz Health Law team celebrates 2022 by sharing their health law–focused resolutions. Listen to how the team is resolving to apply the lessons learned from the pandemic, their industry insight, and their knowledge of state and federal government priorities and actions to help clients and colleagues thrive in 2022 and beyond.

Exclusive Rights: Intellectual Property - Don’t Get Caught Double Patenting!

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz patent attorneys Lily Zhang and Alex Trimble, PhD, discuss double patenting, a complicated and sometimes confounding area of patent law. They break it down in layman’s terms even a non-patent attorney can understand. They highlight the risks of, and ways to avoid being hit by, double patenting rejections – and how to overcome them if they arise.

Among other topics, Lily and Alex discuss:

• The two kinds of double patenting – same invention and obviousness-type double patenting (ODP)
• Common scenarios in which ODP arises
• Using terminal disclaimers for overcoming ODP rejections
• The legal ramifications of using terminal disclaimers
• When terminal disclaimers are the right option