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Patent Law

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

Monsanto and Syngenta Settle All Litigation Between the Companies

Posted on May 31, 2008
By Donald Zuhn -- Monsanto and Syngenta announced last week that the two companies had reached a settlement with respect to all patent, antitrust, and commercial litigation between the companies and their subsidiaries, including Monsanto's patent infringement suit on herbicide-tolerant corn technologies, Syngenta's antitrust suit, and a dispute between the...

General Atomics Diazyme Lab. Division v. Axis-Shield ASA (Fed. Cir. 2008)

Posted on May 30, 2008
By Kevin E. Noonan -- In the non-precedential General Atomics case decided earlier this month, the Federal Circuit applied its Markman claim construction practice to a Jepson claim, a venerable claim format seen more frequently in the mechanical and electrical arts than in the chemical or biotechnology arts (1)...

PWC Releases Patent Damages Report

Posted on May 30, 2008
By Donald Zuhn -- PricewaterhouseCoopers recently announced the release of its annual report on patent damages. The report, entitled "A closer look: 2008 Patent Litigation Study: Damages, awards, success rates and time-to-trial," begins by asserting that the current threat of an economic recession has led to an increase in patent...

USPTO News: Proposed Agenda for Next BCP Meeting

Posted on May 30, 2008
By Christopher P. Singer -- The biotechnology and chemical pharmaceuticals technology groups at the U.S. Patent Office will hold their next quarterly customer partnership meeting on June 4, 2008. The schedule of topics for discussion include: Morning Session ? Greetings and Overview (9:00 - 9:15 AM) John LeGuyader, George Elliot,...

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Maybe It's Finally Time They Went Home

Posted on May 29, 2008
By Kevin E. Noonan -- The past few years have seen a whirlwind of proposed new regulations from the U.S. Patent and Trademark Office. Although the most dramatic denouement came when Judge William Cacheris' decided on April 1st to permanently enjoin the new continuation and claims rules, there are several...

Evolution of Inequitable Conduct

Posted on May 28, 2008
By Kevin E. Noonan -- Among the many things "wrong" with U.S. patent law, few outside the profession (meaning few among the cadre of gadflies, pundits, careerists, and those grinding their different shades of political and rhetorical axes against current patent law) focus on one of the real problems: the...

Aventis Pharma S.A. v. Amphastar Pharmaceuticals (Fed. Cir. 2008)

Posted on May 27, 2008
By Donald Zuhn -- Earlier this month, the Federal Circuit in a 2-1 decision affirmed the determination by the District Court for the Central District of California that U.S. Patent Nos. RE 38,743 and 5,389,618, which are owned by Plaintiffs-Appellees Aventis Pharma S...

Court Report

Posted on May 27, 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...

Conference & CLE Calendar

Posted on May 27, 2008
May 28, 2008 - Advanced Patent Licensing 2008: What You Need to Know Before Licensing Your Patent (Practising Law Institute) - New York, NY May 28-30, 2008 - PharmaBiotech IP Summit (Worldwide Business Research) - Philadelphia, PA June 11, 2008 - Advanced Patent Licensing 2008: What You Need to Know...

PLI Developments in Pharmaceutical and Biotech Patent Law Seminar

Posted on May 26, 2008
Practising Law Institute (PLI) will be holding a seminar on Developments in Pharmaceutical and Biotech Patent Law on September 11, 2008 in New York, NY and on October 15, 2008 in San Francisco, CA. The seminar will offer presentations on the following topics: I...

PRG Advanced Courses

Posted on May 26, 2008
Patent Resource Group (PRG) will be holding its next program of Advanced Courses on August 11-15, 2008 in Washington, DC. Among the courses that PRG will be offering are: ? Art and Science of Patent Searching - Patentability, Validity & Infringement and Patent Searching Workshop - August 10-12 ? Chemical...

ACI USPTO Boot Camp: Patent Edition Conference

Posted on May 24, 2008
American Conference Institute (ACI) will be holding its USPTO Boot Camp: Patent Edition conference on September 22-23 in Alexandria, VA. The conference will allow attendees to: ? Identify the subject matter of an applicant's proposed patent; ? Define "prior art" for the practical purpose of conducting a search and anticipating...

Patent Hypocrisy

Posted on May 23, 2008
By Kevin E. Noonan -- The so-called Coalition for Patent Fairness has been one of the principal voices lobbying Congress for the now-becalmed Senate "patent reform bill (S. 1145) and the House version of the bill (H.R. 1938), passed last September. The Coalition is comprised of "high technology" companies like...

IPO Releases List of Top 300 Patent Holders

Posted on May 23, 2008
"Biotech/Pharma" Top 47 By Donald Zuhn -- The Intellectual Property Owners Association (IPO) released its 25th annual list of the top 300 organizations receiving U.S. patents. Readers may recall that the U.S. Patent & Trademark Office stopped releasing its annual list of top patent recipients in 2006 in order to...

Maybe It Isn't Going to Get Much Better

Posted on May 22, 2008
By Kevin E. Noonan -- One of the hopes of the members of the patent community who have been paying attention is that the passing of the current administration may result in better times for the U.S. patent system. Political appointees like Secretary of Commerce Guttierrez, USPTO Director Jon Dudas,...

Rough Times Ahead for Biotech Industry?

Posted on May 21, 2008
By Donald Zuhn -- With the BIO International Convention less than a month away, a report in the San Francisco Chronicle is predicting that the U.S. biotech industry may be looking at some rough times ahead. The Chronicle's prediction is interesting given its citation of a recent Ernst & Young...

Lobbying Spending Spree Continues

Posted on May 21, 2008
By Donald Zuhn -- The Senate patent reform bill may or may not be dead (see "Bush Administration Continues Attempt to Destroy U.S. Patent System"). However, if the bill's time has indeed come and gone (at least as far as the 110th Congress is concerned), its passing will be due...

Save the Date -- Initial Scheduling of the Tafas/GSK v. Dudas Appeal

Posted on May 21, 2008
Earlier this month, we reported that the U.S. Patent and Trademark Office had filed a Notice of Appeal with the Court of Appeals for the Federal Circuit, challenging the decision of Judge William Cacheris of the U.S. District Court for the Eastern District of Virginia to permanently enjoin the Patent...

ETC Group Opposes "Climate Ready" Gene Patent "Grab"

Posted on May 20, 2008
By Donald Zuhn -- Last week, both The Washington Post and Nature News reported on the efforts of biotech companies to secure patents directed to gene-altered crops that are designed to withstand the effects of global warming. The impetus behind both articles was a 30-page report entitled "Patenting the 'Climate...

Bush Administration Continues Attempt to Destroy U.S. Patent System

Posted on May 19, 2008
By Kevin E. Noonan -- Just when you thought it was safe to stop worrying about the stalled "patent reform" bill in the Senate (S. 1145), along comes Secretary of Commerce Carlos Gutierrez (at right), trying to reenergize the IT community in Silicon Valley to push for passage of this...

Court Report

Posted on May 18, 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. Salix Pharmaceuticals, Inc. et al. v. Novel Laboratories, Inc. 3:08-cv-02311; filed May 14, 2008 in the District Court of...

Possible Limitations to EGFR-targeted Cancer Therapies

Posted on May 18, 2008
By Kevin E. Noonan -- An important consequence of the biotechnology revolution has been an increased understanding of the molecular biology of cancer. Tyrosine kinases, including the eponymous src oncogene, provide important targets, comprising a family of plasma membrane proteins that in certain incarnations act as growth factor receptors...

Conference & CLE Calendar

Posted on May 18, 2008
May 28, 2008 - Advanced Patent Licensing 2008: What You Need to Know Before Licensing Your Patent (Practising Law Institute) - New York, NY May 28-30, 2008 - PharmaBiotech IP Summit (Worldwide Business Research) - Philadelphia, PA June 11, 2008 - Advanced Patent Licensing 2008: What You Need to Know...

ACI Biotech Patents Conference

Posted on May 17, 2008
American Conference Institute (ACI) will be holding its 10th Annual Forum on Biotech Patents on September 15-16 in Boston, MA. The conference will allow attendees to: ? Establish essential strategies to prepare their companies or clients in light of frenzied upheaval in the patent world; ? Analyze the profound and...

ACI FDA Boot Camp Conference

Posted on May 17, 2008
American Conference Institute (ACI) will be holding the next session of its FDA Boot Camp conference on September 22-23 in Boston, MA. The conference will allow attendees to: ? Master the basics of the application and approval processes for drugs, biologics, and devices; ? Comprehend the structure of the FDA...

Another Modest Proposal on Reducing the Backlog of Pending Patent Applications

Posted on May 16, 2008
By Kevin E. Noonan -- On Tuesday, U.S. Patent Commissioner John Doll (at right) touted several initiatives being pursued in the U.S. Patent and Trademark Office to reduce the backlog of pending cases (see "Lunch with Commissioner Doll"). He also said he (and the rest of PTO management) welcomed whatever...

MM&M Names Pharma Top 20

Posted on May 16, 2008
By Donald Zuhn -- Earlier this month, the monthly healthcare marketing publication Medical Marketing & Media (MM&M) announced the release of The Pharma Report 2008, MM&M's list of the top twenty pharmaceutical companies (as determined by U.S drug sales in 2007)...

Congressman Berman Is on the Case

Posted on May 15, 2008
By Kevin E. Noonan -- One of the frustrations of those opposed to actions taken by the Administration over the past eight years has been the lack of Congressional oversight, in view of the congruency of the party in power of the legislative and executive branches...

Neuralstem Accusation Touches Nerve with StemCells

Posted on May 15, 2008
By Donald Zuhn -- Earlier this week, we reported on two recently filed patent cases: the first by StemCells, Inc. against Neuralstem, Inc., asserting infringement of U.S. Patent Nos. 7,115,418 and 7,361,505, and the second being filed by Neuralstem, seeking a declaratory judgment of noninfringement, unenforceability, and invalidity of the...

Lunch with Commissioner Doll

Posted on May 14, 2008
By Kevin E. Noonan -- John Doll, Commissioner for Patents of the U.S. Patent and Trademark Office, gave a luncheon seminar today, hosted by the Boston office of Kirkpatrick & Lockhart Preston Gates Ellis LLP, concerning the state of the USPTO. As we've said before, Commissioner Doll (at right) is...

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