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Patent Law

Patent Docs Patent Docs

Focuses on recent developments in biotechnology and pharmaceutical patent law, offering updates regarding changes in Patent Office rules and procedures that affect biotech/pharma patent prosecution, providing summaries of recent court decisions that impact biotech/pharma patent litigation and prosecution, and monitoring newly filed biotech/pharma patent litigation. In addition, Patent Docs highlights recently issued biotech/pharma patents, and reports on biotech/pharma news.
By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

Post Frequency: 20.5/day

Last Entry: April 01, 2011 at 01:59:00

Recent Entries: 1661

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Court Report

Posted on March 02, 2009


Conference & CLE Calendar

Posted on March 01, 2009


WRG Corporate IP Counsel Summit

Posted on February 28, 2009


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Northwestern JTIP Fourth Annual Symposium

Posted on February 28, 2009


BIO Meets the Press

Posted on February 27, 2009


Bio-irony: Biotech Turns a Profit in 2008

Posted on February 27, 2009


Congressman Waxman Tells GPhA Meeting that Hatch-Waxman Model Will Work for Follow-on Biologics

Posted on February 26, 2009
By Donald Zuhn -- Congressman Henry Waxman (D-CA), the Chairman of the House Committee on Energy and Commerce, addressed the Generic Pharmaceutical Association (GPhA) yesterday, telling attendees of the trade group's annual meeting in Naples, FL that "a workable scientific regulatory and legal pathway for biogenerics and biosimilar pharmaceuticals will ensure more affordable medications for Americans and we believe it will spur innovation in the bio tech markets" (see GPhA press release)...


Patent Reform Bill to Be Introduced on Monday . . . Maybe

Posted on February 26, 2009
By Donald Zuhn -- Earlier today, the Manufacturing Alliance on Patent Policy (MAPP) let us know, through its media relations firm, that "well sourced rumors" have pegged Monday, March 2nd as the day on which the first of perhaps three patent reform bills will be introduced in the 111th Congress...


Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2009)

Posted on February 25, 2009
By Donald Zuhn -- The Federal Circuit today affirmed a decision by the District Court for the Southern District of Indiana to extend the statutory 30-month stay under 21 U.S.C. § 355(j)(5)(B)(iii), thereby preventing the U.S. Food and Drug Administration from approving the Abbreviated New Drug Application (ANDA) filed by Defendant-Appellant Teva Pharmaceuticals USA, Inc...


Biotech/Pharma Docket

Posted on February 24, 2009
By Suresh Pillai --King Pharmaceuticals' Patents on SKELAXIN® Invalidated By District Court In the case of King Pharmaceuticals, Inc. v. Eon Labs, Inc., the U.S. District Court for the Eastern District of New York invalidated two of the King patents at issue in the case, U...


Comments on Deferred Examination Due by February 26th

Posted on February 24, 2009
By Donald Zuhn -- It's been more than a week since the U.S. Patent and Trademark Office hosted a roundtable discussion on deferred examination. The roundtable brought together two dozen participants, representing a variety of industries and organizations, to discuss whether a deferred examination system should be implemented in the U...


The New York Times Gets One Right

Posted on February 23, 2009
By Kevin E. Noonan -- Like a broken clock that nonetheless tells the right time twice a day, it was inevitable that The New York Times would eventually run a story where they got it right on patenting (see "Crop Scientists Say Biotechnology Seed Companies Are Thwarting Research")...


Court Report

Posted on February 22, 2009
By Sherri Oslick --About Court Report: Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring.Millennium Pharmaceuticals Inc. et al. v. Teva Parenteral Medicines Inc...


Conference & CLE Calendar

Posted on February 22, 2009
February 23-24, 2009 - Pharmaceutical and Biotech Patent Claim Drafting*** (American Conference Institute) - Palo Alto, CAFebruary 25-26, 2009 - Optimizing Patent Strategies at Patent Forum 2009 (World Research Group) - San Francisco, CAMarch 2-3, 2009 - 3rd Annual Patent Law Institute (Practising Law Institute) - New York, NYMarch 3, 2009 - Biotechnology, Chemical, and Pharmaceuticals (BCP) Technology Groups Customer Partnership Meeting (U...


Biotech/Pharma Business Briefs

Posted on February 21, 2009
By Jason Derry* and Donald Zuhn --GPC Biotech and Agennix to Merge GPC Biotech AG and Agennix Inc. have announced a plan to merge. Both companies are focused on discovering and developing treatments for cancer. A new company will be formed with the help of cash from the investment company dievini Hopp Biotech...


Paragraph IV Disputes Conference

Posted on February 21, 2009
American Conference Institute (ACI) will be holding its 3rd Annual Paragraph IV Disputes conference on April 27-28, 2009 in New York, NY. The conference will allow attendees to:? Strategically evaluate patent strength, Orange Book listing, and assertion strategies;? Interpret and apply the MMA statutory scheme as it applies to declaratory judgments;? Litigate with multiple ANDA filers in various jurisdictions;? Implement effective and cost-saving e-discovery and document management processes during Paragraph IV litigation;? Master the interplay between 180-day exclusivity, forfeiture provisions, and citizens petitions;? Minimize downstream risk and calculating damages associated with preliminary injunctions and at risk launches; and? Factor recent...


International Judges Conference on Intellectual Property Law

Posted on February 21, 2009
The Intellectual Property Owners Association (IPO) will be holding its 5th International Judges Conference on Intellectual Property Law on April 20-21, 2009 in Washington, DC. The conference will provide discussions on the following topics: ? Litigation Issues: A panel discussion regarding current and possible future judicial collaboration in addressing discovery and settlement issues in cross-border IP disputes;? Developing Judicial Issues: A panel discussion regarding the use of precedents and principles from other countries, the enforcement of trade secret protection, and specialization and training for judges handling IP matters;? Transnational Enforcement: A panel discussion regarding a hypothetical fact pattern, in which...


Patent Profile: Vermillion Announces Allowance of Ovarian Cancer Biomarker Application

Posted on February 20, 2009
By Donald Zuhn -- Last week, Vermillion, Inc. announced that the U.S. Patent and Trademark Office had issued a Notice of Allowance for its application directed to diagnostic methods using hepcidin as a biomarker for ovarian cancer. The patent that eventually issues from the allowed application will be the Fremont, CA-based molecular diagnostics company's third U...


Will GSK Break the Doha Impasse in the Global Drug Pricing Crisis?

Posted on February 20, 2009
By Kevin E. Noonan --As we have noted in the past, the World Trade Organization (WTO) and Trade-related Aspects of Intellectual Property Rights (TRIPS) portion of the General Agreements on Tariffs and Trade (GATT) have not resulted in the general reverence for intellectual property protection intended by Western countries in the developing world, particularly with regard to pharmaceuticals (see "Not Getting It about Patented Drug Prices at The Wall Street Journal")...


New EPO Fee Schedule Effective April 1, 2009

Posted on February 19, 2009
By Christopher P. Singer -- Recently, the European Patent Office (EPO) published a notice on its website announcing a new fee schedule that will become effective on April 1, 2009. A complete description of the revised fees can be found here. This schedule will be applicable for all EP applications, including divisional and new applications, that are filed on or after April 1, 2009...


Follow-on Biologics in the News

Posted on February 19, 2009
By Donald Zuhn --Innovators Looking for Help from Follow-on Biologics Last week, Merck announced that it had acquired Insmed's portfolio of follow-on biologic therapeutic candidates as well as its biologics manufacturing facilities in Boulder, CO (see "Biotech/Pharma Business Briefs")...


The Future of Biotechnology

Posted on February 18, 2009
By Kevin E. Noonan -- Congress has the power, under Article I of the U.S. Constitution, to grant patents "to promote the progress of Science and the Useful Arts." The value of patenting to the public is disclosure ?- the raw material that drives progress is full disclosure of an invention in a patent specification that satisfies 35 U...


NVCA Study Shows Decline in 2008 Investment; BIO Study Predicts Biotech Rebound in 2009

Posted on February 17, 2009
By Donald Zuhn -- In December, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, issued its forecast for venture investment in the coming year, predicting that most sectors would see a continued slowdown in investment in 2009 (see "NVCA Predicts Another Slow Year for Venture-backed Businesses in 2009")...


Court Report

Posted on February 16, 2009
By Sherri Oslick --About Court Report: Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring.Monsanto Co. et al. v. Schroeder et al.2:09-cv-10460; filed February 6, 2009 in the Eastern District of MichiganInfringement of U...


Conference & CLE Calendar

Posted on February 16, 2009
February 17-18, 2009 - Pharma/Biotech Patent Litigation (C5) - Amsterdam, NetherlandsFebruary 23-24, 2009 - Pharmaceutical and Biotech Patent Claim Drafting*** (American Conference Institute) - Palo Alto, CAFebruary 25-26, 2009 - Optimizing Patent Strategies at Patent Forum 2009 (World Research Group) - San Francisco, CAMarch 2-3, 2009 - 3rd Annual Patent Law Institute (Practising Law Institute) - New York, NYMarch 3, 2009 - Biotechnology, Chemical, and Pharmaceuticals (BCP) Technology Groups Customer Partnership Meeting (U...


Patent Office Hosts Roundtable on Deferred Examination: The Proponents

Posted on February 16, 2009
By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office hosted a roundtable discussion on deferred examination. The roundtable, which lasted about four hours, brought together two dozen participants, representing a variety of industries and organizations (as well as positions on the issue), to discuss the advantages and disadvantages of implementing a deferred examination system in the U...


Biotech/Pharma Business Briefs

Posted on February 14, 2009
By Jason Derry --Merck to Buy Biologics Division from Insmed Insmed Inc. and Merck have announced a deal in which Merck will purchase Insmed's research and production division and facility for developing follow-on biologics for $130 million (see Insmed press release)...


24th Annual Intellectual Property Law Conference

Posted on February 14, 2009
The American Bar Association (ABA) Section of Intellectual Property Law will be holding the 24th Annual Intellectual Property Law Conference on April 1-4, 2009 in Arlington, VA. Among the topics that will be covered at the conference are:? The Patent Reform Movement ? Where Is It Going and Will It Get There?? From Drafting to Appeal ? The Changing U...


PLI Patent Law Institute

Posted on February 14, 2009
Practising Law Institute (PLI) will be holding its 3rd Annual Patent Law Institute on March 2-3, 2009 in New York, NY and on March 23-24, 2009 in San Francisco, CA. A live webcast of the New York session will also be available. The two-day conference consists of six one-hour plenary sessions of broad interest to patent lawyers and a separate breakout track consisting of six one-hour sessions focusing on one of three patent practice sub-groups: patent prosecution; patent litigation; and patent transactions...


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