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Healthcare & Life Sciences Insights

Discover Latham’s latest insights into the commercial, regulatory, and legal developments shaping the global healthcare and life sciences landscape.

Latham’s cross-disciplinary team delivers insightful, practical guidance and sophisticated representation to a full spectrum of healthcare and life sciences companies across the globe, on every type of transaction or dispute a company may face.

Podcasts & Webcasts

Recognition

Business Combination

a transaction that results in the economic and legal combination of businesses and assets of two or more entities, whether by merger, asset purchase, stock sale or otherwise.

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Central Reexamination Unit (CRU)

a dedicated unit within the PTO that administers Ex Parte Reexaminations. The CRU was formed in 2005 and remains largely unchanged by the AIA.

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Claim Chart

typically a two-column chart providing an element-by-element comparison of a Patent’s claims against an allegedly infringing product or the prior art. Invalidity Claim Charts are useful for visualizing which claim elements exist in the prior art (Invalidity Claim Chart).

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Patentable Subject Matter

to be patentable, a claimed Invention must: (1) be directed to a process, machine, manufacture or Composition of Matter and (2) not be directed to laws of nature, physical phenomena, abstract ideas or another judicially recognized exception. 35 U.S.C. § 101. If only part of the Patent claim is directed to such subject matter, the Supreme Court has established a two part "Alice" test to determine whether the claim is patent eligible: (1) determine which part of the claim is directed to the unpatentable subject matter and (2) determine whether the claim’s other elements "transform" the claims into a patent-eligible application.

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Certification

a process by which an individual, an institution, or an educational program is evaluated and recognized as meeting prescribed standards. A nongovernmental agency usually makes the Certification, with the notable exception of Medicare or Medicaid which certify a Provider or facility under public reimbursement programs. The purpose of Certification is to assure that established standards are met in order to promote ethical and safe practice of a service or profession.

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