Patent Law

USPTO News: Online Priority Document Exchange Service Between USPTO and KIPO

Posted on October 10, 2008
By Christopher P. Singer -- We have learned from one of our foreign associates that the Korean Intellectual Property Office (KIPO) announced that it will launch an online priority document exchange (PDX) service with the U.S. Patent and Trademark Office (USPTO) beginning on October 14, 2008...

USPTO News: USPTO Performance Review Board Members Announced

Posted on October 10, 2008
By Christopher P. Singer -- In a Notice published in the Federal Register on October 9, 2008, the U.S. Patent and Trademark Office announced the names of persons that have been appointed to the Performance Review Board. Among the twelve familiar names constituting the Board, Margaret J...

Victory for Amgen in District Court Decision - Part III

Posted on October 10, 2008
By Kevin E. Noonan -- As Patent Docs has reported (see Part I and Part II), last week District Court Judge William G. Young (D. Mass) issued a 150-page decision on post-trial motions and a permanent injunction, and provided his rationale for a number of pretrial summary judgment motion decisions, in Amgen Inc...

Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc. (Fed. Cir. 2008)

Posted on October 08, 2008
By Donald Zuhn -- Last Friday, the Federal Circuit affirmed the determination by the District Court for the District of Delaware that U.S. Patent No. 5,236,940 does not qualify as an enabling prior art reference, and therefore, does not anticipate claims 1-5 of U...

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Unhappy with the Ex parte Appeal Rule? Read This Now -- Updated

Posted on October 08, 2008
By Richard Belzer -- The U.S. Patent and Trademark Office (PTO) today published a notice in the Federal Register inviting public comments on paperwork burdens associated with the changes in the procedural requirements for ex parte appeals (73 Fed. Reg...

Victory for Amgen in District Court Decision - Part II

Posted on October 08, 2008
By Kevin E. Noonan -- On October 2nd, District Court Judge William G. Young (D. Mass) issued a decision on post-trial motions and a permanent injunction in Amgen Inc. v. Hoffmann-LaRoche, Amgen's patent infringement suit over Roche's Mircera® drug product...

Complete Victory for Amgen in District Court Decision

Posted on October 07, 2008
By Kevin E. Noonan -- On October 2nd, District Court Judge William G. Young (D. Mass) entered final judgment in Amgen Inc. v. Hoffmann-LaRoche, Amgen's patent infringement suit over Roche's Mircera® drug product. In a 150-page opinion, Judge Williams handed Amgen nothing less than a complete victory...

Victory for Amgen in District Court Decision - Part I

Posted on October 07, 2008
By Kevin E. Noonan -- On October 2nd, District Court Judge William G. Young (D. Mass) issued a decision on post-trial motions and a permanent injunction in Amgen Inc. v. Hoffmann-LaRoche, Amgen's patent infringement suit over Roche's Mircera® drug product...

Court Report

Posted on October 05, 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. Proctor & Gamble Co. et al. v. Teva Pharmaceuticals USA Inc.1:08-cv-00627; filed September 26, 2009 in the District Court of Delaware Infringement of U...

Conference & CLE Calendar

Posted on October 05, 2008
October 6-7, 2008 - Patent Litigation 2008 (Practising Law Institute) - McLean, VA October 7-8, 2008 - Global Patent Litigation*** (American Conference Institute) - New York, NY October 15, 2008 - Developments in Pharmaceutical and Biotech Patent Law (Practising Law Institute) - San Francisco, CA October 15-16, 2008 - Pharmaceutical Congress on Paragraph IV Disputes*** (Center for Business Intelligence) - Philadelphia, PA October 15-16, 2008 - Advanced Courses (Patent Resources Group) - Santa Ana Pueblo, NM October 15-17, 2008 - Maximizing Pharmaceutical Patent Lifecycles*** (American Conference Institute) - New York, NY October 23-24, 2008 - Patent Litigation 2008 (Practising Law...

ACI Pharma/Biotech IP Due Diligence Conference

Posted on October 04, 2008
American Conference Institute (ACI) will be holding its 6th National Conference on Pharma/Biotech IP Due Diligence from January 28-29, 2009 in New York. The conference will allow attendees to: ? Define the company's business goals before you begin a due diligence review;? Navigate the dynamic labyrinth of cases that can impact the company's IP rights;? Ensure a data trail that tracks the disclosure of appropriate information;? Gauge the effect of the patents in question on the company's freedom to operate;? Cultivate a sufficient search strategy to enhance your knowledge base of the IP's strengths, weaknesses, and potential;? Evaluate the benefits,...

Inequitable Conduct Standard Remains Fluid in Praxair v. ATMI

Posted on October 03, 2008
By Kevin E. Noonan -- The Federal Circuit's inequitable conduct jurisprudence has appeared for some time to be unduly fact- and panel-dependent, straying in the opinion of at least Judge Rader from the principle enunciated in the Court's en banc decision in Kingsdown Medical Consultants, Ltd...

Nature Biotechnology Study Finds Declining Litigation Rates for DNA-based Patents

Posted on October 02, 2008
By Donald Zuhn -- A study in last month's issue of Nature Biotechnology calls into question the perception that litigation rates -- at least for one particular industry -- are rising. The study, entitled "DNA-based patents: an empirical analysis" (the full text of the article can be obtained here for $32), was conducted by Ann Mills, Associate Professor of Medical Education and Director of Outreach Programs at the University of Virginia Center for Biomedical Ethics, and Dr...

Posted on October 01, 2008

Dr. Tafas Files Brief in New Rules Appeal

Posted on October 01, 2008
By Donald Zuhn -- Last Wednesday, Plaintiffs-Appellees SmithKline Beecham Corp., SmithKline Beecham plc, and Glaxo Group Ltd. (GSK) filed their brief in the Tafas v. Dudas appeal (see "GSK Files Brief in Tafas v. Dudas Appeal"). As we previously reported, the Plaintiffs-Appellees had until September 24th to serve and file their brief...

Court Report

Posted on September 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. Sepracor Inc. and University of Massachusetts v. Pharmaceutical Associates, Inc...

Conference & CLE Calendar

Posted on September 28, 2008
October 6-7, 2008 - Patent Litigation 2008 (Practising Law Institute) - McLean, VA October 7-8, 2008 - Global Patent Litigation*** (American Conference Institute) - New York, NY October 15, 2008 - Developments in Pharmaceutical and Biotech Patent Law (Practising Law Institute) - San Francisco, CA October 15-16, 2008 - Pharmaceutical Congress on Paragraph IV Disputes*** (Center for Business Intelligence) - Philadelphia, PA October 15-16, 2008 - Advanced Courses (Patent Resources Group) - Santa Ana Pueblo, NM October 15-17, 2008 - Maximizing Pharmaceutical Patent Lifecycles*** (American Conference Institute) - New York, NY October 23-24, 2008 - Patent Litigation 2008 (Practising Law...

BIO Praises Senator Kyl's Patent Reform Bill

Posted on September 26, 2008
By Kevin E. Noonan -- Yesterday, we reported on the introduction of a new patent reform bill (S. 3600) in the Senate (see "Senator Kyl's Patent Reform Bill Introduced Today"). Soon after Senator Jon Kyl's (R-AZ) patent reform bill was introduced, the Biotechnology Industry Organization (BIO) released a statement in which BIO President and CEO Jim Greenwood (below) called the legislation "a vast improvement" over S...

USPTO News: USPTO and KIPO Sign Memoradum on Cooperative Patent Examination

Posted on September 25, 2008
By Christopher P. Singer -- The U.S. Patent and Trademark Office (USPTO) issued a press release on September 24, 2008 announcing that the Office had signed a memorandum of understanding with the Korean Intellectual Property Office (KIPO) regarding a comprehensive plan on cooperative patent examination...

Teva Receives EU Marketing Authorization for G-CSF Biosimilar

Posted on September 25, 2008
By Donald Zuhn -- Last week, Teva Pharmaceutical Industries Ltd. announced that the European Commission's Directorate General for Enterprise and Industry has granted the company a marketing authorization for its human granulocyte colony stimulating factor (G-CSF) product...

Has the Federal Circuit Gotten Gunshy?

Posted on September 23, 2008
By Kevin E. Noonan -- After several years of having its decisions reversed by the Supreme Court -- including KSR Int'l Co. v. Teleflex Inc., eBay Inc. v. MercExchange, LLC, Quanta Computer, Inc. v. LG Electronics, Inc., Merck KGAA v. Integra Lifesciences I, Ltd...

USPTO News: PTO Declares Mail Service Interruption and Emergency

Posted on September 23, 2008
By Christopher P. Singer -- In a Notice dated September 18, 2008, the U.S. Patent and Trademark Office announced that the postal interruptions cause by Hurricane Gustav in regions of Louisiana and Texas (beginning on August 30, 2008) and by Hurricane Ike in regions of Florida, Louisiana, and Texas (beginning on September 7, 2008) have been deemed to be a "service interruption and emergency" falling within the provisions of 35 U...

Court Report

Posted on September 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. National Genetics Institute et al. v. Talecris Biotherapeutics, Inc...

Biosimilars Conference

Posted on September 20, 2008
Visiongain will be holding its 4th Biosimilars conference on November 11-13, 2008 in Philadelphia, PA. The conference is intended to help attendees: ? Identify the trends that will shape future market development of follow-on biologics;? Explore the current market and regulatory environment for biosimilars in Europe and the relevance to U...

BU Economics Professor Releases Report on the Impact of Marketing Exclusivity on Biologics Innovation

Posted on September 19, 2008
By Donald Zuhn -- On Wednesday, Dr. Laurence J. Kotlikoff, a professor of economics at Boston University, released the results of his analysis of the impact of varying lengths of market exclusivity on innovation in the biotechnology sector. The 20-page report, entitled "Stimulating Innovation in the Biologics Industry: A Balanced Approach to Marketing Exclusivity," was funded by Teva Pharmaceuticals USA (see Teva press release)...

Biotech Cases to Watch According to Professor Harold Wegner

Posted on September 17, 2008
By Kevin E. Noonan -- Harold Wegner, dean of patent law cognoscenti and a partner at Foley & Lardner LLP in Washington, DC, regaled the audience at ACI's Biotech Patent Law conference on Monday with a talk on "Key Biotech Cases to Watch and How They May Impact Your Practice...

Patent Profile: Allele Biotech Announces Issuance of siRNA Patent

Posted on September 16, 2008
By Donald Zuhn -- Last week, Allele Biotechnology & Pharmaceuticals, Inc. announced that the U.S. Patent and Trademark Office has issued U.S. Patent No. 7,422,896, which is directed to DNA compositions that mediate RNA interference (RNAi) gene silencing, wherein the DNA compositions include an RNA polymerase III promoter that drives the expression of a nucleotide sequence encoding an intermediate small interfering RNA (siRNA) molecule, and RNA polymerase III terminator...

Conference & CLE Calendar

Posted on September 14, 2008
September 15-16, 2008 - Biotech Patents*** (American Conference Institute) September 16, 2008 - The Legacy of Judge Howard T. Markey*** (The Center for Intellectual Property Law, John Marshall Law School) - Chicago, IL September 21-23, 2008 - 2008 Annual Meeting (Intellectual Property Owners Association) - San Diego, CA September 22-23, 2008 - FDA Boot Camp*** (American Conference Institute) September 22-23, 2008 - Patent Litigation 2008 (Practising Law Institute) - San Francisco, CA September 22-23, 2008 - 2008 World Stem Cell Summit (Genetics Policy Institute) - Madison, WI September 23-24, 2008 - Biotech Patenting (C5) - London, England October 6-7, 2008...

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

Posted on September 13, 2008
By Donald Zuhn -- Last month, we reported on the lobbying expenditures for fourteen biotech and pharma companies and organizations in the second quarter of 2008. Recent news reports have allowed us to add four more companies to the list: ? Sanofi-Aventis' U...

USPTO News: Patent Office Posts Comments on New Appeals Rules

Posted on September 12, 2008
By Donald Zuhn -- On June 10, 2008, the U.S. Patent and Trademark Office published a notice in the Federal Register setting forth amended rules of practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte appeals (see "New Appeals Rules Published")...

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