Is Surfing the Web a Crime? Supreme Court to Address the Breadth of the Computer Fraud and Abuse Act
Brandon Chen
This year, the Supreme Court of the United States will interpret a controversial provision of the Computer Fraud and Abuse Act (“CFAA”), referred to colloquially as the “anti-hacking” law, in Van Buren v. United States. The federal statute imposes civil and criminal liability for unauthorized access of computers. Yet the open question that the Supreme Court will determine is whether an individual who is authorized to access information on a computer for certain purposes violates the CFAA if she accesses the same information for an improper use.

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COVID-19: USPTO Resources for IP Protection and Licensing
Rachel Chaves
The COVID-19 pandemic has significantly impacted the licensing and procurement of life science-related intellectual property. The immediate and crucial need for vaccines and other therapeutics for the treatment and prevention of COVID-19 has driven innovation leading to new IP protection and licensing strategies with respect to COVID-19 related technologies. For example, as vaccines have been developed and are being produced for distribution, a number of companies have implemented entirely new and much more flexible licensing strategies for the duration of the pandemic. For companies navigating this complex period, it is imperative to assess IP portfolios to identify subject matter for potential pursuit of protection or licensing, especially in view of recent tools and programs implemented by the United States Patent and Trademark Office (USPTO) for COVID-19 related technologies.

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The Top IP Topics to Watch in 2021
As we look ahead to 2021, Baker Botts Intellectual Property partners have identified several trends to watch in the Intellectual Property arena in the year ahead.
Christa Sanford, Deputy Chair of the Intellectual Property Department
“In 2021, we anticipate that the Biden administration will likely replace the current United States Patent and Trademark Office Director, Andrei Iancu. A potential new director may be less pro-patent and more accommodating to patent challenges before the Patent and Trial Appeal Board. After Iancu’s confirmation in 2018, we saw a significant decline in PTAB filings in 2019 from previous levels. A new director may bring a different perspective as it relates to discretionary denials and patent eligibility.”

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Animal-Based Medical Diagnostics: A Regulatory Problem
Matthew Avery, Makenzi Galvan
Fears of global pandemics due to outbreaks of highly virulent diseases like the novel Coronavirus disease of 2019 (COVID-19) have boosted interest in rapid and non- invasive diagnostics. One solution is to use animal-based diagnostics, which have the potential to be more accurate and efficient than conventional diagnostics. For example, researchers have shown that trained detection dogs have been able to identify C. difficile infections in patients with 97% accuracy—higher than the 92.7% reported accuracy for real-time PCR diagnostic methods. While these animal-based diagnostics clearly fall within the scope of FDA’s regulatory authority, innovations in diagnostic technologies, specifically animal-based diagnostics, have outpaced the Agency’s ability to update its requirements for receiving marketing approval. Consequently, researchers in this area face a regulatory regime that does not address the challenges or risks inherent in using animals to detect diseases.

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* This article was published in the Food and Drug Law Journal in December 2020 with the permission of the Food and Drug Law Institute (FDLI).

Brexit Webinars: Charting a New Course for 2021
As the Brexit transition period in the UK–EU Withdrawal Agreement ends, a team of Baker Botts lawyers will host the two webinars examining the post-Brexit landscape and the impacts and most pressing legal and regulatory issues for business, offering their perspectives on how organizations across the globe can manage their Brexit risk and opportunities.

To learn more about or to register for these webinars, click here.

December 2020 Intellectual Property Report Recap
In case you missed it, here is a recap video of our December 2020 Intellectual Property Report that looked at:

• Several WTO Members Advocate for the Waiver Of Global IP Protections To Increase Access to COVID-19 Technologies
• Enigmatic Immunity for Internet Service Providers
• ‘Arthrex’: Do PTAB Judges Require Presidential Appointment?
• The CCPA Gets an Upgrade With the Passage of the CPRA
• Q&A Session with Judge Alan Albright
• Considerations for a Biden Administration – Intellectual Property

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