Patent Law

Biotech/Pharma Business Briefs

Posted on January 31, 2009
By Jason Derry --ZymoGenetics Licenses Ex-North American Rights to IL-21 ZymoGenetics, Inc. has announced that it has licensed worldwide development and commercialization rights to interleukin 21 (IL-21) from Novo Nordisk A/S. Novo Nordisk will retain such rights in North America...

Patent Profile: Neuralstem Announces Allowance of Neural Stem Cell Application

Posted on January 30, 2009
By Donald Zuhn -- On Monday, Neuralstem, Inc. announced that the U.S. Patent and Trademark Office allowed U.S. Application No. 10/047,352 (U.S. Patent Publication No. 2002/0064873), entitled "Stable neural stem cell lines." The '352 application, which was allowed on January 13th, is directed to a method for establishing stable neural stem cell lines and neuronal progenitor lines...

Bilski and Aventis Petition for Certiorari from the Supreme Court

Posted on January 30, 2009
By Kevin E. Noonan -- The Supreme Court was petitioned today to grant certiorari in two cases important to biotechnology patenting: In re Bilski, involving the standard for determining that method claims are patentable subject matter; and Aventis Pharma S...

Science Progress Article Addresses Global Patent Protection

Posted on January 29, 2009
By Donald Zuhn -- Earlier this month, Science Progress, a semi-annual journal published by the Center for American Progress, issued a series of reports on the U.S. patent system. The series, outlined in an article entitled: "Patent Reform 101," consists of four reports:? "Tackling the Challenge of Patent Reform: Recommendations for the Obama administration and Congress," by Rick Weiss;? "Improving the Effectiveness of the U...

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USPTO News: Full Time Patent Prosecution Highway Between Korea and US

Posted on January 29, 2009
By Christopher P. Singer -- In a January 28, 2008 press release, the U.S. Patent and Trademark Office announced that the existing pilot Patent Prosecution Highway (PPH) program with the Korean Intellectual Property Office (KIPO) will expire in favor of a permanent PPH which begins on January 29, 2009...

WTO Panel Rules for U.S. in Chinese Copyright and Trademark Infringement Complaint

Posted on January 28, 2009
By Kevin E. Noonan -- Intellectual property rights (particularly Western intellectual property rights) were intended to receive improved protection under the Trade-related Aspects of Intellectual Property Rights (TRIPS) provisions of the General Agreement on Tariffs and Trade (GATT)...

Sequence Listing e-Filing Options Using EFS-Web

Posted on January 27, 2009
By Christopher P. Singer -- Since the launch of EFS-Web in the fall of 2006, applicants have had the option of e-filing sequence listings as text (.txt) files only, rather than filing sequence listings in both paper and computer readable copies. Several biotech prosecutors in our office have had recent discussion and debate about what files and statements can or must be filed with an EFS-Web filed sequence listing in order to be compliant with the requirements under the Legal Framework and in order for it to be considered as part of the original application...

Newsweek Joins the Anti-patent Bandwagon

Posted on January 27, 2009
By Kevin E. Noonan --Ah, the popular press! Purported protectors of our fundamental freedoms, their behavior (at least in the mainstream press) has recently been less than noble. Eschewing the role of crusader (or even muckraker), the press seems to look for the common popular denominator of received wisdom, and then to trumpet it...

USPTO News: USPTO Schedules Roundtable Discussion on Deferred Examination

Posted on January 27, 2009
By Christopher P. Singer -- In a Federal Register pre-publication Notice scheduled to be published officially in tomorrow's Federal Register, the U.S. Patent and Trademark Office announced that it plans to hold a roundtable discussion regarding deferred examination options...

Court Report

Posted on January 26, 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.Elan Pharma International Ltd. v. Alcon Laboratories, Inc. et al.4:09-cv-00032; filed January 22, 2009 in the Eastern District of TexasInfringement of U...

Pfizer Expected to Announce Wyeth Acquisition on Monday

Posted on January 26, 2009
By Donald Zuhn -- The New York Times reported this evening that Pfizer has agreed in principle to acquire Wyeth for $68 billion. The Times notes that barring an 11th-hour twist, the deal, which would be the largest in the U.S. since March 2006, will be announced tomorrow morning...

Geron Gets Approval for First Human Clinical Trial Using Embryonic Stem Cells

Posted on January 26, 2009
By Donald Zuhn -- On Friday, Geron Corporation announced that the U.S. Food and Drug Administration has approved the biopharmaceutical company's Investigational New Drug (IND) application for the clinical trial of GRNOPC1 in patients with acute spinal cord injury...

Conference & CLE Calendar

Posted on January 25, 2009
January 26-27, 2009 - Structuring and Negotiating Pharma & Biotech Collaborative Agreements (C5) - London, EnglandJanuary 27-28, 2009 - ITC Litigation (American Conference Institute)*** - Washington, DC January 28-29, 2009 - 6th National Conference on Pharma/Biotech IP Due Diligence (American Conference Institute) - New York, NYJanuary 29, 2009 - Effective Licensing in the Wake of MedImmune v...

USPTO to Hold "Innovation Week"

Posted on January 24, 2009
By Donald Zuhn --The U.S. Patent and Trademark Office announced today that it will be holding Innovation Week 2009 at the Office's headquarters in Arlington, VA from June 22-27. The Patent Office describes Innovation Week 2009 as a weeklong celebration of the vital role patents and the USPTO play in our economy and for the advancement of science and technology...

FX Conferences to Offer Licensing CLE

Posted on January 24, 2009
FX Conferences will be offering an audio conference entitled "Effective Licensing in the Wake of MedImmune v. Genentech" on January 29, 2009 from 11:30 AM to 12:30 PM (EDT). Dr. Michael Samardzija of Bracewell & Giuliani will explore the Supreme Court's decision in MedImmune v...

Biotech/Pharma Business Briefs

Posted on January 24, 2009
By Jason Derry --Peptimmune and Novartis Sign $500 Million Deal Peptimmune Inc. and Novartis AG recently announced a licensing deal for Peptimmune's multiple sclerosis drug candidate, PI-2301. The deal gives Novartis an exclusive license to the drug candidate...

BIO CEO Outlines Challenges for Obama Administration

Posted on January 23, 2009
By Donald Zuhn -- In an interview with TechJournal South, Biotechnology Industry Organization (BIO) President and CEO Jim Greenwood discussed the state of the biotech industry and the biotech issues the new Administration will be facing in the coming year (see "BIO President Sees Biotech Industry Challenges for New Administration")...

Science Progress Tackles Patent Reform

Posted on January 22, 2009
By Donald Zuhn -- Last week, Science Progress, a semi-annual journal published by the Center for American Progress, a liberal think tank headed by John Podesta, former White House Chief of Staff under President Clinton (as well as recent co-chairman of the Obama-Biden transition team), issued a series of reports on the U...

Obama Acts to Limit New Federal Rules

Posted on January 22, 2009
By Kevin E. Noonan -- President Obama, through his chief of staff Rahm Emanuel (at right), has acted swiftly to stall implementation of the spate of rulemaking by the outgoing Bush Administration. In the last days of the last administration, several rules concerning important, sensitive, and controversial issues were promulgated by various branches of the Federal government, despite pledges to not do so after opposing similar (but much less controversial or extensive) actions by the Clinton administration in its last days...

Heritage Foundation Offers Patent Reform Proposals to the New President

Posted on January 21, 2009
By Donald Zuhn --Earlier today, in a historic moment on the steps of the U.S. Capitol, President Barack Hussein Obama was sworn in as the 44th President of the United States. Tomorrow, his Administration will begin to tackle the many serious issues that face our country (the Administration's agenda can be found on the newly revamped White House website)...

Western Reaction to Changes in Chinese Patent Law

Posted on January 21, 2009
By Kevin E. Noonan --The recent changes in Chinese patent law have not received universal approval from a number of Western groups. Two of these, the Intellectual Property Owners Association (IPO) and the Biotechnology Industry Organization, have taken different tacks to the same end: disapproval of changes seen as harming their members' interests...

Changes in Chinese Patent Law Adopted

Posted on January 20, 2009
By Kevin E. Noonan -- One of our foreign associates in China, Vivien Chan & Co., informs us of a number of important changes in Chinese patent law adopted by the People's Congress on December 27th. The following new rules for patent practice will come into force in China on October 1, 2009:? China will now accept first foreign filings by Chinese companies or individual inventors who "complete" an invention in China...

Court Report

Posted on January 18, 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.Oscient Pharmaceuticals Corp. et al. v. Lupin Ltd. et al.1:09-cv-00083; filed January 14, 2009 in the District Court of MarylandInfringement of U...

Conference & CLE Calendar

Posted on January 18, 2009
January 20-21, 2009 - Bio/Pharmaceutical Summit on Legal and Regulatory Product Lifecycle Strategies*** (Center for Business Intelligence) - Baltimore, MDJanuary 26-27, 2009 - Structuring and Negotiating Pharma & Biotech Collaborative Agreements (C5) - London, EnglandJanuary 27-28, 2009 - ITC Litigation (American Conference Institute)*** - Washington, DC January 28-29, 2009 - 6th National Conference on Pharma/Biotech IP Due Diligence (American Conference Institute) - New York, NYJanuary 29-30, 2009 - Commercialization of Life Sciences Inventions (Law Seminars International) - Phoenix, AZJanuary 29-30, 2009 - Fourth Annual Conference on Best Practices in Patent Monetization (Law Seminars International) - San Francisco, CAFebruary 13, 2009...

Biotech/Pharma Business Briefs

Posted on January 17, 2009
By Jason Derry --Medicines Co. to Buy Targanta The Medicines Company and Targanta Therapeutics have announced that Medicines Co. will buy Targanta for $42 million. Medicines Co. has agreed to increase the purchase price by an additional $1.20 a share if Targanta's oritavancin, a product for treating skin infections, is approved by the FDA as a single dose infusion product...

Manufacturing Alliance on Patent Policy: Apportionment of Damages Provision Will Have Adverse Effects

Posted on January 16, 2009

In re Kubin: The Obviousness of DNA

Posted on January 15, 2009
By Kevin E. Noonan --The Federal Circuit heard oral argument for In re Kubin last week, and a very hot bench (Judge Rader presiding, joined by Judges Linn and Friedman) sharply challenged the positions of both Kubin and the Patent Office. While it is foolish to attempt to read the tea leaves of judicial intention when listening to oral argument, the questions from the bench point out once again that obviousness remains a legal issue intimately dependent on the underlying facts (and misapprehension of those facts)...

PatentBuddy.com Examines Impact of Economic Recession on Patent Practice

Posted on January 14, 2009
By Donald Zuhn -- Last week, we received a press release from PatentBuddy.com regarding an analysis of employment statistics performed by the patent networking website. PatentBuddy.com is an online database of patent attorneys and agents registered to practice before the U...

Patent Profile: Cytori Therapeutics Announces Issuance of Adipose-Derived Stem Cell Patents

Posted on January 14, 2009
By Donald Zuhn -- Last week, Cytori Therapeutics, Inc. announced that the U.S. Patent and Trademark Office had issued U.S. Patent No. 7,473,420. The '420 patent, which is directed to a method of treating patients with stem cells obtained from adipose tissue, is Cytori's sixth U...

Three More Patentees File § 154(b)(4)(A) Actions against Director Dudas

Posted on January 13, 2009
By Donald Zuhn --Last month, Medarex, Inc., Eurand, Inc., and Alexion Pharmaceuticals, Inc. joined the growing list of patentees that have filed complaints against U.S. Patent and Trademark Office Director Jon Dudas alleging that the Patent Office miscalculated the Patent Term Adjustment (PTA) for their patents...

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