In IBSA Institut Biochimique v. Teva Pharmaceuticals USA, Inc. a valuable lesson was learned about relying on a translation of a non-English patent application. The IBSA Institut Biochimique (IBSAIB) hired an Italian patent agent to file a patent application in Italian for a thyroid drug formulation. The application was filed in Italy. Within 12

Nicholas J. Landau, Ph.D.
Nick Landau advises clients in the procurement, protection and litigation of all forms of intellectual property, including patents, trademarks and trade secrets. He is particularly experienced in patent prosecution, having drafted over 150 patent applications in numerous areas of technology. His patent prosecution experience includes multiple successful ex parte appeals. He has worked with patents in a broad array of technological disciplines and has extensive knowledge in the areas of biotechnology, pharmaceuticals, nutraceuticals, medical devices and environmental technology. His clients include individuals, universities, startups, growing businesses and publicly traded companies. View articles by Nicholas
B.S. Environmental Science
Ph.D. Environmental Science with a Concentration in Environmental Microbiology
Patent Registration Number: 57,120
Patenting COVID-19 Tests: Avoiding the Common Pitfalls
The impact on human health of the global pandemic of the SARS-CoV-2 virus and the resulting disease termed COVID-19 cannot be overstated. Not since the influenza pandemic of 1918 have so many regions of the world been so acutely impacted by a single pathogen. Society in 2020 has the advantage of a more sophisticated biotechnology…
A Method of Diagnostic Sample Preparation Is Held Valid Under Mayo/Myriad, but the Diagnostic Test Was Held Invalid
Nearly five years ago the U.S. Court of Appeals for the Federal Circuit (CAFC) decided the controversial case of Ariosa v. Sequenom. In Sequenom the invention was a radically new method of fetal genetic testing by amplifying free paternal DNA from the mother’s blood. This test has today largely replaced the previous method of…