Patent Law

USPTO News: Patent Office Closed on January 19th & 20th

Posted on January 13, 2009
By Christopher P. Singer -- The U.S. Patent and Trademark Office announced in a Notice posted on its website today that January 19th (Martin Luther King Day) and January 20th (Inauguration Day) are considered Federal holidays within the District of Columbia, under 35 U...

Conference & CLE Calendar

Posted on January 11, 2009
January 12-13, 2009 - Pharmaceutical and Biotech Patent Opinion Writing*** (American Conference Institute) - San Diego, CAJanuary 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...

Court Report

Posted on January 11, 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.Eurand Inc. et al. v. Impax Laboratories Inc.1:09-cv-00018; filed January 7, 2009 in the District Court of DelawareInfringement of U...

U.S. Chamber of Commerce Provides Detailed Recommendations to New Administration Regarding USPTO

Posted on January 09, 2009
By Christopher P. Singer -- Given the recent news of Governor Bill Richardson's withdrawal from consideration as Commerce Secretary, and the impending resignation of U.S. Patent and Trademark Office Director Jon Dudas, the incoming administration may be giving renewed attention and interest to the Department of Commerce and the USPTO in particular...

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Kubin Panel Questions Motivation behind Reversal in New Written Description Training Materials

Posted on January 09, 2009
By Donald Zuhn -- As we reported yesterday, the Federal Circuit heard oral argument today in In re Kubin (see "In re Kubin to Be Argued before the Federal Circuit on Thursday"). Kevin Noonan will be providing a complete analysis of the oral argument in this case in a subsequent post...

Biotech/Pharma Business Briefs

Posted on January 09, 2009
By Jason Derry --Endo to Acquire Indevus On January 5, 2009, Endo Pharmaceuticals Holdings Inc. announced that it will buy Indevus Pharmaceuticals Inc. for an initial payment of about $370 million and an additional $267 million, based on certain milestones...

In re Kubin to Be Argued before the Federal Circuit on Thursday

Posted on January 08, 2009
By Kevin E. Noonan -- The Federal Circuit will hear oral argument on Thursday for In re Kubin, a case having great significance for biotechnology patenting. At issue is the question of whether the existence in the prior art of a purified protein, combined with "routine" cloning methods, renders obvious a claim to a nucleic acid encoding the protein...

BIO Gives President-elect Obama Its Ideas on Patent Reform

Posted on January 07, 2009
By Kevin E. Noonan --A change of administration always gives stakeholders a chance to make their policy views known, in an effort to influence the new people and policies taking power in Washington. This is particularly true in this season of (welcome) change, and even more important for U...

Top Stories of 2008: #5 to #1

Posted on January 05, 2009
By Donald Zuhn -- Yesterday, we counted down stories #9 to #6 of the top stories covered at Patent Docs in 2008 (see "Top Stories of 2008: #9 to #6"), and on New Year's Day, we listed stories #13 to #10 (see "Top Stories of 2008: #13 to #10"). Today, we conclude our second annual list of top stories by counting down the top five stories of 2008...

Top Stories of 2008: #9 to #6

Posted on January 04, 2009
By Donald Zuhn -- On New Year's Day, we counted down the first four of the top thirteen stories covered on Patent Docs in 2008 (see "Top Stories of 2008: #13 to #10"). Today, we count down stories #9 to #6, and tomorrow, we will count down last year's top five stories...

Court Report

Posted on January 04, 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. Pilman4:08-cv-02020; filed December 30, 2008 in the Eastern District of MissouriInfringement of U...

Conference & CLE Calendar

Posted on January 04, 2009
January 12-13, 2009 - Pharmaceutical and Biotech Patent Opinion Writing*** (American Conference Institute) - San Diego, CAJanuary 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...

Teva CEO Predicts Passage of Follow-on Biologics Bill in 2009

Posted on January 02, 2009
By Donald Zuhn --In November, we noted that the nation's largest mail order pharmacy, Franklin Lakes, NJ-based Medco Health Solutions, Inc., had announced that consumers could expect to see the establishment of a follow-on biologics regulatory pathway in the United States by 2011 (see "Medco Predicts Follow-on Biologics Regulatory Pathway by 2011")...

Top Stories of 2008: #13 to #10

Posted on January 01, 2009
By Donald Zuhn --Reflecting upon the events of the past twelve months, Patent Docs presents its second annual list of top biotech/pharma stories. For 2008, we identified a baker's dozen of top stories covered on Patent Docs. Today we will count down stories #13 to #10...

Biotech/Pharma Lobbying Scoreboard - Third Quarter Update - Part II

Posted on December 31, 2008
By Donald Zuhn --Earlier this month, we reported on the lobbying efforts of nine biotech/pharma companies and organizations in the third quarter of 2008 (see "Biotech/Pharma Lobbying Scoreboard - Third Quarter Update; BIO Lobbies for Biotech 'Bailout'")...

Acumed LLC v. Stryker Corp. (Fed. Cir. 2008)

Posted on December 31, 2008
By Kevin E. Noonan --There are the inklings of a stratagem taking shape in certain of the Federal Circuit's decisions since the spate of Supreme Court rejections of large portions of its jurisprudence. That stratagem involves refusing to overturn district court decisions based on applying an abuse of discretion standard, as evidenced in the Federal Circuit's decision to affirm grant of a permanent injunction in Acumed LLC v...

BIO Says CBO Estimate of Follow-on Biologics Savings Is Based on "Troubling Assumption"

Posted on December 30, 2008
By Donald Zuhn -- Earlier this month, the Congressional Budget Office (CBO) issued a report, entitled "Budget Options, Volume I, Health Care," that presents 115 options for changing U.S. health care policy. In the Preface to the report, the CBO states that "[t]he inclusion or exclusion of a particular policy change does not represent an endorsement or rejection" by the CBO, and that the report provides arguments for and against each option...

Court Report

Posted on December 28, 2008
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.Bayer HealthCare LLC v. Abbott Laboratories et al.6:08-cv-00507; filed December 24, 2008 in the Eastern District of TexasInfringement of U...

Conference & CLE Calendar

Posted on December 28, 2008
January 3-7, 2009 - 26th Annual National CLE Conference (Law Education Institute) - Vail, CO January 12-13, 2009 - Pharmaceutical and Biotech Patent Opinion Writing*** (American Conference Institute) - San Diego, CAJanuary 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...

USPTO News: Patent Prosecution Highway Pilot with CIPO Is Extended

Posted on December 24, 2008
By Donald Zuhn -- Yesterday, the U.S. Patent and Trademark Office announced that the USPTO and Canadian Intellectual Property Office (CIPO) will be extending the Patent Prosecution Highway (PPH) pilot program between the Offices for an additional two years to January 28, 2011...

USPTO News: Patent Office Closed on December 26th

Posted on December 24, 2008
By Donald Zuhn -- Yesterday, the U.S. Patent and Trademark Office (USPTO) announced that the USPTO will be closed on Friday, December 26, 2008. The USPTO notice states that because December 25th is a federal holiday, the Office will consider December 26th to be a "Federal holiday within the District of Columbia...

Classen Immunotherapies, Inc. v. Biogen Idec (Fed. Cir. 2008)

Posted on December 22, 2008
By Kevin E. Noonan -- The Federal Circuit engaged in judicial parsimony last week, in affirming the decision below that the asserted claims of U.S. Patent No. 5,723,283 are invalid for failure to encompass statutory subject matter. The opinion, written by Judge Moore and joined by Judge Newman and District Court Judge Joseph Farnan of the District of Delaware, sitting by designation, reads in its entirety as follows:In light of our decision in In re Bilski, 545 F...

Court Report

Posted on December 21, 2008
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.Pfizer Inc. et al. v. Apotex Inc. et al.1:08-cv-00948; filed December 17, 2008 in the District Court of DelawarePfizer Inc...

Conference CLE Calendar

Posted on December 21, 2008
January 3-7, 2009 - 26th Annual National CLE Conference (Law Education Institute) - Vail, CO January 12-13, 2009 - Pharmaceutical and Biotech Patent Opinion Writing*** (American Conference Institute) - San Diego, CAJanuary 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...

NVCA Predicts Another Slow Year for Venture-backed Businesses in 2009

Posted on December 19, 2008
By Donald Zuhn -- Earlier this week, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its third annual survey on venture investment. Perhaps not surprisingly, the trade organization forecasts that most sectors will see a continued slowdown in venture investment in 2009...

Stanford Law School Announces Launch of Patent Litigation Database

Posted on December 19, 2008
By Donald Zuhn -- Last week, the Law, Science & Technology Program at Stanford Law School announced the launch of the Stanford IP Litigation Clearinghouse (IPLC) Patent Litigation Module, a database of more than 23,000 cases filed in U.S. district courts since 2000...

Biotech/Pharma Lobbying Scoreboard - Third Quarter Update; BIO Lobbies for Biotech "Bailout"

Posted on December 19, 2008
By Donald Zuhn --Patent Docs periodically reports on the lobbying efforts of various players in the biotech/pharma industry (see links below for reports on first and second quarter lobbying this year). Our interest in the lobbying expenditures of these companies and organizations stems from the push by Congress over the past two years to pass patent reform and follow-on biologics legislation...

Science Article Should Help Allay Gene Patenting Fears

Posted on December 17, 2008
By Donald Zuhn -- An article in the October 10th issue of Science magazine presents the results of an analysis of litigated gene patents, and reaches the conclusion that "for the most part, fears expressed concerning human gene patents have not been manifested overtly in patent litigation...

Sanofi-Synthelabo v. Apotex, Inc. (Fed. Cir. 2008)

Posted on December 16, 2008
By Kevin E. Noonan --Denial of an ANDA validity challenge by generic pharmaceutical company Apotex of the Sanofi-Synthelabo's Orange Book-listed patent for Plavix® was affirmed by the Federal Circuit last week. The decision, by Judge Newman, joined by Judges Lourie and Bryson, was unremarkable and should remain so, unless the Supreme Court were to grant certiorari and work more of its particular brand of mischief on U...

Takeda Chem. Indus., Ltd. v. Mylan Labs., Inc. (Fed. Cir. 2008)

Posted on December 16, 2008
By Donald Zuhn --Last week, the Federal Circuit affirmed a finding of exceptionality and award of $16.8 million in attorneys fees by the District Court for the Southern District of New York in a case involving two Hatch-Waxman challenges to U.S. Patent No...

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