Anne Elise Herold Li
New York, New York, United States
2K followers
500+ connections
About
Anne Elise Herold Li is a patent litigator in the New York office of Crowell & Moring. As…
Articles by Anne Elise Herold
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Personal Jurisdiction Over Patent Holder in Licensee’s Forum Proper When They Shared Counsel, Communications, and A History of Joint Enforcement
Personal Jurisdiction Over Patent Holder in Licensee’s Forum Proper When They Shared Counsel, Communications, and A History of Joint Enforcement
By Anne Elise Herold Li
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No Water Fight For You! - Federal Circuit Upholds Preliminary Injunction on Water Balloons Despite PTAB's Decision Invalidating Patent
No Water Fight For You! - Federal Circuit Upholds Preliminary Injunction on Water Balloons Despite PTAB's Decision Invalidating Patent
By Anne Elise Herold Li
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Federal Circuit Clarifies Level of Threat for DJ jurisdiction
Federal Circuit Clarifies Level of Threat for DJ jurisdiction
By Anne Elise Herold Li
Activity
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Looking forward to presenting on the NYS CLEP Program tomorrow with Linda A. Malek. https://lnkd.in/eACsJayA
Looking forward to presenting on the NYS CLEP Program tomorrow with Linda A. Malek. https://lnkd.in/eACsJayA
Liked by Anne Elise Herold Li
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Excited to share the project that Tim Hoeppner and I have been working on at Price Industries !
Excited to share the project that Tim Hoeppner and I have been working on at Price Industries !
Liked by Anne Elise Herold Li
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Ducky Liberty missed the flight to Chicago. I’m hanging with her Chicago sister.
Ducky Liberty missed the flight to Chicago. I’m hanging with her Chicago sister.
Shared by Anne Elise Herold Li
Experience
Education
Licenses & Certifications
Volunteer Experience
Publications
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Third Circuit Rules That FTC v. Actavis Covers More Than Cash
Antitrust Law Alert
On June, 26, 2015, the U.S. Court of Appeals for the Third Circuit held that non-cash "payments" made by a patentee drug manufacturer to a prospective generic drug manufacturer in exchange for delayed entry of a generic drug is an actionable "reverse payment" and may be subject to antitrust scrutiny under the Supreme Court's decision in FTC v. Actavis, 133 S. Ct. 2223 (2013). King Drug Company of Florence, Inc. v. Smithkline Beecham Corp., et al., Case No. 14-1243 (Smithkline).
Other authorsSee publication -
Third Circuit Rules That FTC v. Actavis Covers More Than Cash
Antitrust Law Alert
On June, 26, 2015, the U.S. Court of Appeals for the Third Circuit held that non-cash "payments" made by a patentee drug manufacturer to a prospective generic drug manufacturer in exchange for delayed entry of a generic drug is an actionable "reverse payment" and may be subject to antitrust scrutiny under the Supreme Court's decision in FTC v. Actavis, 133 S. Ct. 2223 (2013). King Drug Company of Florence, Inc. v. Smithkline Beecham Corp., et al., Case No. 14-1243 (Smithkline).
Other authorsSee publication -
Federal Circuit: 'Molecular Weight' Is Still Indefinite
IP Insights
In a decision applying two recent Supreme Court decisions, the Federal Circuit on Thursday held that the claims to Teva's patents covering the multiple sclerosis drug Copaxone® were invalid for the second time. Teva Pharm.USA, Inc. v. Sandoz, Inc., 2012-1567, slip op. at 18 (Fed. Cir. June 18, 2015). Judge Moore, writing for the court again, found that the claim term "molecular weight" was indefinite because a person of ordinary skill in the art would not understand with reasonable certainty to…
In a decision applying two recent Supreme Court decisions, the Federal Circuit on Thursday held that the claims to Teva's patents covering the multiple sclerosis drug Copaxone® were invalid for the second time. Teva Pharm.USA, Inc. v. Sandoz, Inc., 2012-1567, slip op. at 18 (Fed. Cir. June 18, 2015). Judge Moore, writing for the court again, found that the claim term "molecular weight" was indefinite because a person of ordinary skill in the art would not understand with reasonable certainty to which type of molecular weight the claim language referred.
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What Sequenom Means for Biotech Patents: Even New Methods of Using Natural Phenomena May Not Be Patentable, Absent More
Intellectual Property Bullet Analyses
On June 12, 2015, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the U.S. Court of Appeals for the Federal Circuit invalidated Sequenom's patent claiming methods of detecting paternally-inherited fetal DNA in a mother's blood serum or plasma, affirming the district court's decision. The decision highlights that discoveries to new, even "revolutionary," methods of detecting and analyzing naturally occurring phenomena may be ineligible for patent protection under 35 U.S.C. § 101 absent some…
On June 12, 2015, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the U.S. Court of Appeals for the Federal Circuit invalidated Sequenom's patent claiming methods of detecting paternally-inherited fetal DNA in a mother's blood serum or plasma, affirming the district court's decision. The decision highlights that discoveries to new, even "revolutionary," methods of detecting and analyzing naturally occurring phenomena may be ineligible for patent protection under 35 U.S.C. § 101 absent some additional contribution to the state of the art. In so holding, the court considered and rejected arguments by Sequenom that (1) limited preemption of the natural phenomenon by the claims at issue rendered the claims patent eligible; and (2) that a new application of already known steps or processes to a newly discovered natural phenomenon is itself patent eligible.
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Federal Circuit Stops the Launch of the First U.S. Biosimilar Pending Appeal
Life Sciences Alert
On Thursday, March 19, 2015, a district court ruling paved the way for the first biosimilar product approved by the U.S. Food and Drug Administration (FDA) to enter the market. Judge Seeborg in the Northern District of California granted a victory to Sandoz in its fight with Amgen, Inc. over Zarxio, Novartis AG's generic version of Amgen Inc.'s cancer drug Neupogen® (the "reference product") by denying Amgen's request for a preliminary injunction. In the order, the court sided with Sandoz on…
On Thursday, March 19, 2015, a district court ruling paved the way for the first biosimilar product approved by the U.S. Food and Drug Administration (FDA) to enter the market. Judge Seeborg in the Northern District of California granted a victory to Sandoz in its fight with Amgen, Inc. over Zarxio, Novartis AG's generic version of Amgen Inc.'s cancer drug Neupogen® (the "reference product") by denying Amgen's request for a preliminary injunction. In the order, the court sided with Sandoz on its interpretation of the portion of the Biologics Price Competition and Innovation Act (BPCIA) governing the disclosure requirements imposed on biosimilar manufacturers prior to sale of a biosimilar product. The court also rejected Amgen's interpretation of the statute that would have required Sandoz to wait 180 days from approval of the biosimilar product before going to market. Amgen (the "reference product sponsor") has said that it will appeal the ruling.
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Using Numbers to Win Your Case – the Persuasive Presentation of Statistical Evidence
World Trademark Review
Honors & Awards
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Super Lawyers New York Rising Star in Intellectual Property 2014
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Super Lawyers New York Rising Star in Intellectual Property 2013
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Thurgood Marshall Award
Bar of the City of New York
In recognition of work as pro bono counsel to an individual under sentence of death.
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Archibald Murray Public Service Award, summa cum laude
Fordham University School of Law
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Anthrax Outbreak - Certificate of Completion
Centers for Disease Control
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Super Lawyers New York Rising Star in Intellectual Property 2015
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More activity by Anne Elise Herold
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My colleagues Preetha Chakrabarti, Helen Ogunyanwo, Emily Kappers, and I have published a little cautionary tale…
My colleagues Preetha Chakrabarti, Helen Ogunyanwo, Emily Kappers, and I have published a little cautionary tale…
Shared by Anne Elise Herold Li
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The incomparable Lauren Daloisio is hiring for her team! CA employment lawyers rejoice! Reach out to me if you need more information.…
The incomparable Lauren Daloisio is hiring for her team! CA employment lawyers rejoice! Reach out to me if you need more information.…
Shared by Anne Elise Herold Li
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