Sophie Wang Quoted in Law360 on Cellect Case

Sophie Wang is quoted in the June 21 Law360 article, “Drug Cos., IP Attys Back Cellect In High Court Efforts.” The article reports that five briefs by various members of the IP community have been filed urging the Supreme Court to grant a petition for a writ of certiorari in Cellect LLC v. Vidal.

The case, focused on obviousness-type double patenting, which prohibits follow-on patents that are not "patentably distinct" from another patent, is poised to have far-reaching implications for many businesses across industry sectors who file an initial patent application, followed later by subsequent applications that cover additional relevant aspects of the invention.

Sophie, who co-wrote the brief on behalf of the American Intellectual Property Law Association (AIPLA), shared that her client, "remains deeply concerned about the legal basis behind the Federal Circuit's decision and the impact on innovation going forward."

"Everyone, even outside of patent law, should be concerned when courts rewrite statutes the way the Federal Circuit did here," she continued.

Throughout her career, Sophie has represented a number of leading industry organizations at the United States Court of Appeals for the Federal Circuit and the United States Supreme Court in submitting amicus briefs on issues critical to the intellectual property community. In particular, she has represented the Biotechnology Innovation Organization (BIO), the Pharmaceutical Research and Manufacturers of America (PhRMA), the Boston Patent Law Association (BPLA), and the Massachusetts Biotechnology Council (MassBio) in voicing concerns regarding a variety of intellectual property issues such as obviousness-type double patenting, the constitutionality of inter partes reviews, and the “on-sale bar” doctrine under the AIA and its implications for pharmaceutical and biotech companies.