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About

Provided by Hans-Rainer Jaenichen

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Practice Areas

Dr. Jaenichen's activities are primarily in the biotech and pharmaceutical area. He assists clients in the following practice areas: Patent and Utility Model Prosecution, Opposition and Revocation, Patent and Utility Model Litigation, Unitary Patent and UPC, Due Diligence and Freedom-to-Operate Analysis.

Career

Dr. Hans-Rainer Jaenichen is a German patent attorney, a registered European patent attorney and a European Trademark and Design attorney. He has been partner in the IP law firm of Vossius & Partner in Munich, Germany since 1990. He studied biology and holds a Ph.D. in molecular immunology.

Professional Memberships

Dr. Jaenichen is a Supporting member of the Max Planck Society and a Member of the Board of Trustees of the Munich Intellectual Property Law Center (MIPLC).

Publications

He has published articles about human immunoglobulin genes as well as articles in various journals concerning the patenting of biopharmaceutical and plant inventions. He has also been an editor for the journal "The Biotechnology Law Report". The most recent sixth edition of his book "From Clones to Claims" was published in 2016 together with VOSSIUS partner Dr. Jürgen Meier and an international team of authors.

Work Highlights

His cases covered the entire field of biotechnology and biology, including microbiology and molecular biology, genetics, diagnostics, clinical sciences, plant genetics and pharmaceuticals. Some of them related to cloned genes (α-IFN, ß-IFN, ɣ-IFN, erythropoietin, etc.). The α-IFN and erythropoietin cases, T 301/87 and T 412/93, were the most significant of their time. Other cases related to the production of recombinant proteins, including their tailored glycosylation, and also to improved media for cell cultures. There were generally applicable antibody technologies dealing with phage display, the production of xenogeneic, human antibodies in transgenic mice, particular monoclonal, single chain, recombinant and bi-specific antibody formats, including the development of the antibody humanization technology by either tailoring the CDRs or the frameworks of the antibodies, and camelid-based domain antibodies. Some of the specific antibodies concerned were Actemra, Herceptin, Rituximab, Golimumab, Belimumab, anti-PD1-antibodies, Tecentriq, anti-CD27-antibodies, anti-TNF-antibodies and Entyvio. A series of cases dealt with nucleic acid amplification processes, particularly with PCR, which has become indispensable for cloning and diagnostics, e.g., T 78/96 or T 216/96. There were also cases that dealt with the required DNA polymerases, particularly the Taq polymerase; e.g., T 1080/01. Another group of cases dealt with RNAi, aptamers, ribozymes and antisense RNA. Further ones dealt with transgenic plants (including G 1/98) and animals, with vaccines against viral and bacterial infections (particularly conjugated pneumococcal vaccines, such as Prevnar 13®), recombinant viruses, syntheses of non-ribosomal antibiotics, biological implants, gene therapy and enzyme replacement therapy with acid-α-glucosidase recombinantly produced in CHO cells. Other cases were about companion diagnostics and diagnostic targets including several appeal cases on patents for the genes BRCA1 and BRCA2, i.e. the diagnostic targets for breast cancer predisposition that changed the US patent landscape, such as T 80/05, T 666/05 and T 1213/05. A recent large series of opposition cases relates to CRISPR technology; see also https://www.juve-patent.com/news-and-stories/cases/epo-revokes-broad-institute-patent-but-its-just-the-beginning-for-crispr-cas. One of these cases, T 844/18, has confirmed fundamental principles of how to deal with legal aspects of claiming priorities, e.g., the "all applicants"/"same applicants" approach.

Clients

Some of his cases have provided him an opportunity to work with and for Nobel Prize laureates (Kary Mullis (PCR), Thomas R. Cech (ribozymes), Sir Gregory Winter (phage display) and Emmanuelle Charpentier (CRISPR).

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Intellectual Property: Patent Litigation

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Hans-Rainer Jaenichen
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Elard Freiherr Schenck zu Schweinsberg
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