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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

BIO Responds to Events of the Day

Posted on April 02, 2008
By Kevin E. Noonan -- The Biotechnology Industry Organization (BIO) issued two press releases today, concerning the "patent reform" bill pending in the Senate (S. 1145) and District Court Judge Cacheris' decision in Tafas/GSK v. Dudas. In the first press release, BIO President and CEO Jim Greenwood (at left) responded...

Will the Federal Circuit's Pfizer v. Teva Decision Spell the End of Amgen's Patent Rights to Recombinant Human Erythropoietin?

Posted on April 01, 2008
By Kevin E. Noonan -- On October 23, 2007, Amgen procured a jury verdict that Hoffman-LaRoche's Mircera® drug product infringed several Amgen patents. That verdict found Mircera® infringed claims 3, 7, and 8 of Amgen's U.S. Patent No. 5,547,933 (claim 12 was found not to be literally infringed but infringed...

No April Fool's Joke -- Tafas and GSK Win on Summary Judgment

Posted on April 01, 2008
Tafas v. Dudas; Smithkline Beecham Corp. v. Dudas (E.D. Va. 2008) By Donald Zuhn -- Earlier today, Judge James C. Cacheris, Senior Judge sitting in the U.S. District Court for the Eastern District of Virginia, issued his long-awaited and much-anticipated decision in the consolidated cases of Tafas v...

IPO Distributes "Urgent" Legislative Alert on Applicant Quality Submissions

Posted on March 31, 2008
By Donald Zuhn -- Last Friday, Herbert Wamsley, the Executive Director of the Intellectual Property Owners Association (IPO), sent out an "Urgent IPO Legislative Alert" to IPO members, urging them to contact their Senators to oppose the Applicant Quality Submission (AQS) provision of the Senate patent reform bill (S...

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Claim Drafting: Examples of Recently Issued Antibody Claims

Posted on March 31, 2008
By Jason Derry -- Claim drafting is somewhat of an art that takes time and practice to learn. Practitioners typically develop various styles and formats over time. One of the best ways to assist in developing good claim drafting skills is to be mindful of the types of claims that...

Court Report

Posted on March 31, 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. Human Genome Sciences Inc. v. Genentech Inc. 1:08-cv-00166; filed March 25, 2008 in the District Court of Delaware Review...

Conference & CLE Calendar

Posted on March 31, 2008
March 31-April 1, 2008 - Document Management, E-Discovery, and Litigation Readiness (American Conference Institute) - New York, NY April 1-2, 2008 - IP Summit (Ocean Tomo) - San Francisco, CA April 3-5, 2008 - Advanced Courses (Patent Resources Group) - Bonita Springs, FL April 7, 2008 - Successful Mulitlateral Patents...

PLI Prior Art & Obviousness 2008 Conference

Posted on March 28, 2008
By Donald Zuhn -- 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 June 16, 2008 in San Francisco, CA. The conference will offer presentations on the following topics: ? Section...

LSI Multilateral Patents Workshop

Posted on March 28, 2008
By Donald Zuhn -- Law Seminars International (LSI) will be holding a workshop on Successfully Drafting Multilateral Patents on June 23, 2008 in San Francisco, CA. The workshop will provide information on: ? Successful international patent preparation and prosecution...

StemCellPatents.com Launches New Stem Cell Patent Database

Posted on March 27, 2008
By Donald Zuhn -- StemCellPatents.com has announced the launch of a newly redesigned stem cell patent database. A beta version of the database was launched in November 2006. The stem cell patent database will extend the site's other offerings, which include online news, a weekly e-mail newsletter, the SCP Journal,...

New Website Creates Place to Examine the Examiners

Posted on March 27, 2008
By Donald Zuhn -- USPTO Examiners, a website that bills itself as a place to "examine the examiners," recently opened its (virtual) doors for business. While the site's creator (or creators) have yet to be identified, the same may no longer be true for some examiners at the U...

Court Still Cannot Decide on Amgen's Permanent Injunction

Posted on March 26, 2008
By Kevin E. Noonan -- Obtaining an injunction against an adjudged infringer has become much more difficult for patentees since the Supreme Court's decision in eBay Inc. v. MercExchange, L.L.C. This was to be expected, of course, since the Supreme Court mandated that district courts take into account the same...

USPTO News: e-Commerce Update

Posted on March 26, 2008
By Christopher P. Singer -- An e-Alert sent out on March 26, 2008 by the U.S. Patent and Trademark Office contained information regarding enhancements in Private PAIR 7.2, e-Office action and reminder postcards, and a quick way to link to recent e-filing acknowledgment receipts...

Alnylam CEO Forecasts "Perfect Storm" for Biomedical Patents

Posted on March 25, 2008
By Donald Zuhn -- In an Op-Ed piece appearing in last Saturday's edition of The Boston Globe, Alnylam Pharmaceuticals Inc. Chief Executive Officer Dr. John Maraganore (at right) wrote about a "perfect storm" that is building against biomedical patent protection...

Follow-on Biologic Drugs and Patent Law: A Potential Disconnect?

Posted on March 25, 2008
By Kevin E. Noonan -- Biologic drugs, the pharmaceutical embodiments of biotechnology, are an important part of the current pharmaceutical armamentarium, and this is only expected to increase. There are 150 approved biologic drugs in the U.S., contributing $40 billion to U...

Patent Profile: Redpoint Bio Announces Issuance of Patent for Identifying Taste Signaling Modulators

Posted on March 24, 2008
By Donald Zuhn -- Redpoint Bio Corp. announced earlier this month that the U.S. Patent and Trademark Office has issued U.S. Patent No. 7,341,842, which is directed to methods of methods for identifying modulators of the TRP8-mediated taste response. Such modulators can be used as flavor enhancers in foods, beverages,...

Court Report

Posted on March 23, 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. Forest Laboratories, Inc. et al. v. Synthon Pharmaceuticals, Inc...

Conference & CLE Calendar

Posted on March 23, 2008
March 30-April 1, 2008 - Advanced Courses (Patent Resources Group) - Bonita Springs, FL March 31-April 1, 2008 - Document Management, E-Discovery, and Litigation Readiness (American Conference Institute) - New York, NY April 1-2, 2008 - IP Summit (Ocean Tomo) - San Francisco, CA April 3-5, 2008 - Advanced Courses...

CAFC Judicial Conference

Posted on March 21, 2008
By Donald Zuhn -- The U.S. Court of Appeals for the Federal Circuit will be holding a Judicial Conference entitled "The Federal Circuit: A National Court of Appeals: Addressing New Challenges" on May 15, 2008 in Washington, DC. Topics and speakers at the conference will include: ? State of the...

Amgen Inc. v. Internation Trade Commission (Fed. Cir. 2008)

Posted on March 20, 2008
Federal Circuit Gives Amgen a Mixed Decision on Its ITC Complaint against Roche's Mircera® By Kevin E. Noonan -- The Federal Circuit in a decision handed down on Wednesday affirmed the International Trade Commission's grant of summary judgment against Amgen in its attempts to block importation of Roche's Mircera® peglylated...

Roche Agrees to Court's Conditions for Modifying Preliminary Injunction

Posted on March 20, 2008
By Kevin E. Noonan -- On Tuesday, Roche filed its brief in support of U.S. District Court for the District of Massachusetts (Judge William G. Young, presiding) modifying its preliminary injunction granted on February 28th, barring Roche from launching its FDA-approved Mircera® drug product...

Patent Profile: OPKO Health Announces Issuance of VEGF siRNA Patent

Posted on March 19, 2008
By Donald Zuhn -- OPKO Health, Inc. announced yesterday that the U.S. Patent and Trademark Office has issued U.S. Patent No. 7,345,027, which is directed to methods of inhibiting the expression of human vascular endothelial growth factor (VEGF), degrading VEGF mRNA, inhibiting angiogenesis, or treating an angiogenic disease using a...

New Follow-on Biologics Bill Introduced in the House

Posted on March 18, 2008
By Donald Zuhn -- Last Thursday, Rep. Anna Eshoo (D-CA; at right) introduced a new biologics bill in the House. The bill (H.R. 5629), which would amend Section 351 of the Public Health Service Act to create a regulatory pathway for biosimilars, has been referred to the Committee on Energy...

Amendments to S. 1145

Posted on March 17, 2008
By Kevin E. Noonan -- Senator Leahy (at right), reportedly determined to bring S. 1145, the Senate's patent "reform" bill to the Senate floor for a vote after the spring recess, on Friday released a number of proposed amendments to the bill. Rather than evincing an appreciation of the seriousness...

Abbott Spent $4.4 Million on 2007 Lobbying Effort

Posted on March 17, 2008
By Donald Zuhn -- In 2007, patent reform and biologics legislation became front burner issues. Not surprisingly, this did not escape the notice of many biotech and pharmaceutical companies, and for the past few months we have been paying close attention to reports concerning the lobbying efforts of such companies...

USPTO News: Change in Procedure for Withdrawing from Representation

Posted on March 17, 2008
By Donald Zuhn -- The U.S. Patent and Trademark Office announced today that it will be changing its procedure for handling requests from a practitioner of record to withdraw from representation. The Office also clarified its procedure for handling a request to withdraw from representation made by a practitioner who...

Conference & CLE Calendar

Posted on March 16, 2008
March 17, 2008 - Recent Decisions: How They Affect Your Corporate IP Practice (Intellectual Property Owners Association) - Arlington, VA March 30-April 1, 2008 - Advanced Courses (Patent Resources Group) - Bonita Springs, FL March 31-April 1, 2008 - Document Management, E-Discovery, and Litigation Readiness (American Conference Institute) - New...

E-mail Newsletter Issues

Posted on March 16, 2008
Patent Docs Readers: Normally, we do not address the online tools that make it possible to bring Patent Docs to a browser, RSS reader, or e-mail client near you. However, because we have become aware of some issues regarding the delivery (or lack thereof) of our e-mail newsletter, we would...

Court Report

Posted on March 16, 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. Cellectis SA v. Precision BioSciences, Inc. 5:08-cv-00119; filed March 13, 2008 in the Eastern District of North Carolina Infringement...

Ocean Tomo Announces Agenda for Spring 2008 Live IP Auction & Summit

Posted on March 14, 2008
By Christopher P. Singer -- Ocean Tomo will be holding its Live IP auction this spring at the Ritz-Carlton in San Francisco on April 1-2, 2008. The two day program is divided into two separate tracks, with one track titled "Leveraging IP for Investors" and the other titled "Corporate IP...

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