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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

An Analysis of the New Written Description Training Materials ? Antibodies to a Single Protein & Antibodies to a Genus of Proteins

Posted on May 13, 2008
By Christopher P. Singer -- Last month, the U.S. Patent and Trademark Office announced that it had updated the training materials to be used by examiners in the examination of patent applications for compliance with the written description requirement of 35 U...

Platypus Genomic DNA Sequence Revealed

Posted on May 13, 2008
By Kevin E. Noonan -- Ever since it was discovered by European explorers at the end of the 18th Century, the duckbill platypus (Ornithorhynchus anatinus) has been a biological anomaly. Fur-bearing and lactating like a mammal (although lactation is through the abdominal wall because the animal lacks nipples), the platypus...

IPO Disagrees with Director Dudas

Posted on May 12, 2008
By Kevin E. Noonan -- As reported by Patent Docs on April 30th, Jon Dudas (at right), Undersecretary of Commerce and Director of the U.S. Patent and Trademark Office, has a message for the public (and Congress, and the courts and particularly the patent community): one of the problems that...

Conference & CLE Calendar

Posted on May 11, 2008
May 15, 2008 - The Federal Circuit: A National Court of Appeals: Addressing New Challenges (U.S. Court of Appeals for the Federal Circuit) - Washington, DC May 28, 2008 - Advanced Patent Licensing 2008: What You Need to Know Before Licensing Your Patent (Practising Law Institute) - New York, NY...

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LSI Current Issues in Complex IP Licensing Conference

Posted on May 10, 2008
Law Seminars International (LSI) will be holding its fourth annual conference on Current Issues in Complex IP Licensing on September 11-12, 2008 in Philadelphia, PA. The workshop will provide information on: ? How to get what you want out of the deal; ? Legal update on major recent and pending...

An Analysis of the New Written Description Training Materials - ESTs & Partial Protein Structures

Posted on May 09, 2008
By Donald Zuhn -- Last month, the U.S. Patent and Trademark Office announced that it had updated the training materials to be used by examiners in the examination of patent applications for compliance with the written description requirement of 35 U.S...

USPTO News: An Analysis of the New Written Description Training Materials

Posted on May 07, 2008
By Donald Zuhn -- Last month, the U.S. Patent and Trademark Office announced that it had updated the training materials to be used by examiners in the examination of patent applications for compliance with the written description requirement of 35 U.S...

USPTO to Appeal Tafas/GSK v. Dudas

Posted on May 07, 2008
By Kevin E. Noonan -- The U.S. Patent and Trademark Office filed a Notice of Appeal today with the Court of Appeals for the Federal Circuit, challenging the decision of Judge William Cacheris of the Eastern District of Virginia permanently enjoining the continuation and claims rules as being outside the...

Senate Patent Reform Bill: R.I.P.?

Posted on May 06, 2008
By Donald Zuhn -- Earlier today, the technology website Ars Technica posted a report that the Senate patent reform bill (S. 1145) "has been taken off the [Senate] schedule." Because Ars Technica did not provide any additional information, we sought confirmation that the bill was indeed dead -- at least...

A Future Genetic Tragedy?

Posted on May 06, 2008
By Kevin E. Noonan -- In retrospect, it was eerily prescient. The Wall Street Journal published an article Saturday, hours before the tragedy at Churchill Downs where Eight Belles, a two-year old filly was euthanized because she broke both front ankles after finishing second in the Kentucky Derby...

SIPO Launches Chinese Patent Database

Posted on May 06, 2008
By Donald Zuhn -- On April 25th, the State Intellectual Property Office (SIPO) of China announced the launch of an online patent database that allows for English language searches of the bibliographic data and abstracts of published Chinese patent documents...

Abbott's First Quarter Lobbying Tab Hits $880,000

Posted on May 03, 2008
By Donald Zuhn -- In March, we reported on the lobbying expenditures for a number of biotech and pharmaceutical companies in 2007. For example, we noted that Millennium Pharmaceuticals had spent $1.28 million, Genentech $1.8 million, and AstraZeneca $4...

LSI Patent Claim Construction Workshop

Posted on May 03, 2008
Law Seminars International (LSI) will be holding a Patent Claim Construction workshop on July 16, 2008 in Seattle, Washington. The workshop will provide information on: ? Current case law and recent federal circuit developments. ? The development of claim construction theory and practice...

PLI Advanced Patent Prosecution Workshop

Posted on May 03, 2008
Practising Law Institute (PLI) will be holding a conference entitled: "Advanced Patent Prosecution Workshop 2008: Claim Drafting & Amendment Writing" on July 24-25, 2008 in New York, NY and on August 11-12, 2008 in San Francisco, CA. The conference will offer presentations on the following topics: ? Ethics for Patent...

Pfizer's Lipitor '893 Patent Survives Reexamination

Posted on May 02, 2008
By Donald Zuhn -- On Wednesday, Pfizer announced that it had received a Notice of Intent to Issue an Ex Parte Reexamination Certificate for U.S. Patent No. 4,681,893 from the U.S. Patent and Trademark Office. The '893 patent, which expires in March 2010, is directed in part to atorvastatin, the...

New York Times to Innovation: Drop Dead

Posted on May 01, 2008
By Kevin E. Noonan -- The penchant for The New York Times' anti-innovation editorial policies to seamlessly blend into its "news" coverage (particularly on the Business page) has been noted by Patent Docs before. Whether the latest example is more egregious than in the past is a matter of debate,...

Neuralstem Announces Grant of European Patent for Neural Stem Cells

Posted on May 01, 2008
By Donald Zuhn -- On Monday, Neuralstem, Inc. announced that the European Patent Office had granted European Patent No. EP 0 915 968 to the Rockville, Maryland-based biotech company. The '968 patent, entitled, "Isolation, Propagation and Directed Differentiation of Stem Cells from Embryonic and Adult Central Nervous System of Mammals,"...

U.S. Continues Efforts to Protect Patent Rights Abroad

Posted on April 30, 2008
By Kevin E. Noonan -- The U.S. Trade representative issued a "Special 301 Report" on Monday, pursuant to the provisions of the Trade Act of 1974. This report, on the state of intellectual property rights worldwide, identifies twelve countries on a "priority watch list" and promises consultations with Congress, affected...

USPTO News: USPTO and EPO to Implement Pilot Patent Prosecution Highway Program

Posted on April 30, 2008
By Christopher P. Singer -- According to an April 28, 2008 press release, the U.S. Patent and Trademark Office (USPTO) and the European Patent Office (EPO) will implement a one-year long pilot Patent Prosecution Highway (PPH) program starting in September 2008...

GlaxoSmithKline to Acquire Sirtris Pharmaceuticals; Solvay Tenders Offer for Innogenetics

Posted on April 30, 2008
By Donald Zuhn -- Last Tuesday, GlaxoSmithKline and Sirtris Pharmaceuticals announced that the companies had entered into a definitive agreement under which GlaxoSmithKline would acquire Sirtris Pharmaceuticals for approximately $720 million. The acquisition is motivated by GSK's desire to enhance its metabolic, neurology, immunology, and inflammation research efforts by utilizing...

USPTO News: Patent Office Releases Common Application Format

Posted on April 29, 2008
By Donald Zuhn -- Last fall, we reported on a memorandum of understanding that the U.S. Patent and Trademark Office (USPTO), European Patent Office (EPO), and Japan Patent Office (JPO) had reached during the 25th Annual Trilateral Conference. One aspect of this agreement concerned a Common Application Format (CAF), which...

How to Avoid a Permanent Injunction: The Lessons of Amgen v. Hoffmann-LaRoche

Posted on April 29, 2008
By Kevin E. Noonan -- In rendering its decision in eBay Inc. v. MercExchange, L.L.C. that the Federal Circuit's rubric that a patentee victory in a patent infringement lawsuit rendered the grant of a permanent injunction against the defendant almost "automatic," it is likely that the Supreme Court intended merely...

IPO Publishes Letter in Opposition to Proposed Rule Changes to Biological Deposits

Posted on April 28, 2008
By Christopher P. Singer -- The Intellectual Property Owners Association (IPO) recently published a letter in opposition to the Federal Register Notice outlining proposed rule changes regarding biological deposits (see "Proposed Rule Change to Timing of Filing a Biological Deposit")...

Court Report

Posted on April 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. UCB Inc. et al. v. KV Pharmaceutical Co. 1:08-cv-00223; filed April 18, 2008 in the District Court of Delaware...

Conference & CLE Calendar

Posted on April 28, 2008
April 25, 2008 - Patent Claim Construction (Law Seminars International) - Atlanta, GA April 30, 2008 - Public PAIR and Data-Mining Requests Webcast (U.S. Patent and Trademark Office) April 30-May 1, 2008 - Pharma/Biotech Collaborative Agreements (American Conference Institute) - San Francisco, CA May 15, 2008 - The Federal Circuit:...

PLI Advanced Patent Licensing Conference

Posted on April 26, 2008
Practising Law Institute (PLI) will be holding a conference entitled: "Advanced Patent Licensing 2008: What You Need to Know Before Licensing Your Patent" on May 28, 2008 in New York, NY and on June 11, 2008 in San Francisco, CA. The conference will offer presentations on the following topics: I...

PLI Fundamentals of Patent Prosecution Conference

Posted on April 26, 2008
Practising Law Institute (PLI) will be holding a conference entitled: "Fundamentals of Patent Prosecution 2008: A Boot Camp for Claim Drafting & Amendment Writing" on June 18-20, 2008 in New York, NY and on July 9-11, 2008 in San Francisco, CA. The three-day program will consist of morning lectures followed...

PLI Prior Art & Obviousness Conference

Posted on April 26, 2008
Practising Law Institute (PLI) will be holding a conference entitled: "Prior Art & Obviousness 2008: The PTO and CAFC Perspective on Patent Law Sections 102 & 103" on July 1, 2008 in New York, NY. The conference will offer presentations on the following topics: I...

USPTO Posts Comments on New Rules for Alternative Claiming

Posted on April 24, 2008
By Donald Zuhn -- Last August, the U.S. Patent and Trademark Office published a notice of proposed rule making entitled "Examination of Patent Applications That Include Claims Containing Alternative Language" (sometimes referred to as the Markush rules)...

Patent Profile: StemCells Announces Issuance of Human Neural Stem Cell Patent

Posted on April 24, 2008
By Donald Zuhn -- Yesterday, StemCells, Inc. announced that the U.S. Patent and Trademark Office has issued U.S. Patent No. 7,361,505, which is directed to multipotent neural stem cell compositions. While the '505 patent is assigned to Neurospheres Holdings Ltd...

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