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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.
Post Frequency: 20.5/day Last Entry: April 01, 2011 at 01:59:00 Recent Entries: 1661
By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry
Go to Patent Docs, find other Patent Law blogs, or browse all law blogs.
Harry Manbeck on Inequitable Conduct
Posted on March 13, 2008By Kevin E. Noonan -- Harry Manbeck, name partner of the Rothwell, Figg, Ernst and Manbeck firm and former Commissioner of the Patent and Trademark Office (1990-1992) has written a letter to Senators Leahy (D-VT) and Specter (R-PA), chairman and ranking member of the Judiciary Committee...
GAO Testimony Supports POPA's Position on Examiner Attrition
Posted on March 13, 2008By Donald Zuhn -- Earlier this month, we reported on the appearance of Robert Budens, the President of the Patent Office Professional Association (POPA) at an oversight hearing on the USPTO held by the House Subcommittee on Courts, the Internet, and Intellectual Property in late February...
IPAuctions Begins Sale of U.S. Patent No. 6,645,525
Posted on March 13, 2008By Christopher P. Singer -- IpAuctions, Inc. recently announced that it will seek to sell U.S. Patent No. 6,645,525, which relates to drug delivery technology. The patent is titled "Ionically Formulated Biomolecule Microcarriers," and is assigned to Sedum Laboratories, Inc...
It's Getting to Be Crunch Time for S. 1145
Posted on March 13, 2008By Kevin E. Noonan -- The patent community got its biggest scare in quite a while late last year, when a rules package thought to be dead for almost a year was released on August 21, 2007 (see "New Continuation and Claims Rules Published"). And even then, initially the only...
Yes, It IS Time (Finally) to Stop the Hypocrisy over Human Stem Cell Patents
Posted on March 12, 2008By Kevin E. Noonan -- The two remaining Wisconsin Alumni Research Foundation (WARF) stem cell patents involved in ex parte re-examinations (35 U.S.C. § 302-307) -- Control No. 90/008102 for U.S. Patent No. 5,843,780 (claiming primate embryonic stem (pES) cells) and Control No...
You Can't Fight the USPTO -- or Can You?
Posted on March 11, 2008By Donald Zuhn -- As we reported yesterday, the U.S. Patent and Trademark Office published a Notice in the Federal Register on Monday supplementing to its Alternative Claims Notice of Proposed Rule Making from last August. According to the Patent Office, the supplementary Notice was published in response to comments...
Thailand Continues its Compulsory Licensing Practices
Posted on March 11, 2008By Kevin E. Noonan -- Any hopes that Thailand would amend or overrule its policy of ignoring drug patent rights were dashed when the Thai government announced that it intended to maintain its extension of its compulsory licensing policy to four anti-cancer drugs: Novartis' Imatinib® and Letrozole®, Sanofi-Aventis' Docetaxel®, and...
Dealing with the EPO's New Excess Claims Fees
Posted on March 11, 2008By Brad Crawford -- As we previously reported, on December 14, 2007, the Administrative Council of the European Patent Organization increased the amounts of various fees that patent applicants are required to pay. The Council's decisions can be found here and here...
Pfizer, Inc. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2008)
Posted on March 10, 2008By Kevin E. Noonan -- On Friday, the Court of Appeals for the Federal Circuit handed Pfizer a mixed decision on defendant Teva's appeal of a District Court judgment that Teva was liable for infringing a trio of Pfizer patents (U.S. Patent Nos. 5,466,823; 5,563,165; and 5,760,068) relating to the...
USPTO News: Patent Office Publishes Notice Regarding Impact of Proposed Markush Claims Rules on Small Entities
Posted on March 10, 2008By Christopher P. Singer -- As we reported on Friday, the U.S. Patent and Trademark Office published a "Proposed Rules" Notice entitled "Examination of Patent Applications That Include Claims Containing Alternative Language," (Markush claims) in the March 10, 2008 Federal Register...
Regents of the Univ. of California v. DakoCytomation California, Inc. (Fed. Cir. 2008)
Posted on March 09, 2008By Donald Zuhn -- On February 28th, the Federal Circuit, in Regents of the Univ. of California v. DakoCytomation California, Inc.: (a) affirmed the denial by the District Court for the Northern District of California of a preliminary injunction sought by the Regents of the University of California, Abbott Molecular...
Court Report
Posted on March 09, 2008By 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. Duramed Pharmaceuticals, Inc. v. Watson Laboratories, Inc. et al...
Conference & CLE Calendar
Posted on March 09, 2008March 12, 2008 - Biotechnology, Chemical & Pharmaceutical Art Group Customer Partnership Meeting (U.S. Patent and Trademark Office) 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...
Bayer Schering Pharma AG v. Barr Laboratories, Inc. (D. N.J. 2007)
Posted on March 07, 2008By Kevin E. Noonan -- On Monday, the U.S. District Court for the District of New Jersey (Judge Peter G. Sheridan, presiding) found after a bench trial on all issues that Bayer's U.S. Patent 6,787,531 was invalid for obviousness. In doing so, the Court's decision illustrated anew the uncertainties that...
Patent Profile: Commonwealth Biotechnologies Announces Issuance of Patent Related to Real Time PCR Detection of Herpes Virus
Posted on March 07, 2008By Donald Zuhn -- Commonwealth Biotechnologies, Inc. announced today that it has been granted U.S. Patent No. 7,338,761. According to Commonwealth's press release, while the '761 patent is assigned to Vigen Laboratories, the patent is exclusively licensed to CBI Services, a Commonwealth business unit, which developed the claimed invention under...
USPTO News: Federal Register Notice Regarding Markush Claims to Publish on Monday March 10, 2008
Posted on March 07, 2008By Christopher P. Singer -- According to the Office of the Federal Register (OFR), a Notice will publish on Monday, March 10, 2008 relating to "Examination of Patent Applications That Include Claims Containing Alternative Language" (i.e., Markush claim language)...
Biotech and Pharma Companies Spent Millions on Lobbying in 2007
Posted on March 06, 2008By Donald Zuhn -- Last month, we noted that Millennium Pharmaceuticals spent $1.28 million in 2007 lobbying Congress and the Department of Commerce on patent reform and biologics legislation. Under federal law, lobbyists are required to disclose activities and expenditures that could influence members of the executive and legislative branches...
USPTO News: Agenda for Biotechnology Chemical Pharmaceutical Art Group Meeting
Posted on March 06, 2008By Christopher P. Singer -- As a reminder, the biotechnology, chemical, and pharmaceuticals (BCP) technology groups at the U.S. Patent Office will hold their first quarterly customer partnership meeting of the year on March 12, 2008. The schedule and topics for discussion have been finalized and include: Morning Session ?...
POPA President Critical of USPTO During House Subcommittee Oversight Hearing
Posted on March 05, 2008By Donald Zuhn -- Last week, we reported on appearances by Jon Dudas, the Undersecretary of Commerce for Intellectual Property and Director of U.S. Patent and Trademark Office, and Alan Kasper, the First Vice President of the American Intellectual Property Law Association (AIPLA), at an oversight hearing on the USPTO...
USPTO News: USPTO e-Commerce Update
Posted on March 05, 2008By Christopher P. Singer -- In an e-Alert sent out on March 4, 2008, the U.S. Patent and Trademark Office provided a link to an updated "Declaration for Utility or Design Patent Application" (Form PTO/SB/01) which can be accessed here. As we previously reported, the updated Declaration form provides a...
USPTO's Bruce Kisliuk Addresses ACI Conference
Posted on March 04, 2008By Donald Zuhn -- At last week's American Conference Institute (ACI) Pharma/Biotech Patent Claim Drafting and Prosecution conference, Bruce Kisliuk, the Director of the U.S. Patent and Trademark Office's Technology Center 1600, gave an interesting address in which he touched on a number of topics, and then opened the floor...
Court Report
Posted on March 03, 2008By 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. SmithKline Beecham Corporation v. Barr Pharmaceuticals Inc. et al...
Indian Generic Drug Maker Seeks to Invalidate Cancer Drug Patent
Posted on March 01, 2008By Kevin E. Noonan -- The latest skirmish in the struggle between innovator pharmaceutical companies (mostly in the Western world) and developing world populations is being played out in India. The outcome will depend on how the Delhi High Court interprets provisions of Indian patent law enacted to implement India's...
IPO Conference on Recent IP Decisions
Posted on March 01, 2008By Donald Zuhn -- The Intellectual Property Owners Association (IPO) will be holding a conference entitled "Recent Decisions: How They Affect Your Corporate IP Practice" on March 17, 2008 in Washington, DC. Topics to be addressed at the conference include: ? Changes in Patent Jurisprudence: The Aftermath of KSR --...
(Finally) It May Be Time to Stop the Hypocrisy over Stem Cell Patents - Part II
Posted on February 29, 200823rd Annual ABA Intellectual Property Law Conference
Posted on February 29, 2008By Donald Zuhn -- The American Bar Association (ABA) section of Intellectual Property Law will be holding the 23rd Annual Intellectual Property Law Conference on April 10-12, 2008 in Arlington, Virginia. Among the topics that will be covered at the conference are: ? Are the Supreme Court and Federal Circuit...
PharmaBiotech IP Summit
Posted on February 29, 2008By Jason Derry -- The 2008 PharmaBiotech IP Summit, organized by Worldwide Business Research, will occur in Philadelphia at the Ritz-Carlton, May 28-30. The conference, "Protect Critical Patents and Drive Sustainable Growth Through IP-Driven Business Strategies," consists of two main conference days and a master class...
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can you patent the idea of letting, for a proper price, adults direct a porn scene for there own possesion over the internet or in person? A scene witch will be a one of a kind and owned by them without the ability for r
Probably not, as it's already been done....
Should I copyright software I developed?
Depends on whether you are concerned that someone might make unauthorized copies...
Will vonage go bankrupt as a result of the Verizon patent suit over VOIP technology?
Vonage will most certainly be bankrupted if it doesn't sell itself first. I...
How does one get a patent?
Contact the patent office for your state or country (you can look this up throug...
Need urgent answer. Never signed Truth in Lending Disclosure docs - docs at closing had different terms and rates than what we had originally signed up for in the Loan Application. Signed closing docs as assured it would
you have three days to change your mind after closing a re-fi...
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can you patent the idea of letting, for a proper price, adults direct a porn scene for there own possesion over the internet or in person? A scene witch will be a one of a kind and owned by them without the ability for r
Probably not, as it's already been done....
Should I copyright software I developed?
Depends on whether you are concerned that someone might make unauthorized copies...
Will vonage go bankrupt as a result of the Verizon patent suit over VOIP technology?
Vonage will most certainly be bankrupted if it doesn't sell itself first. I...
How does one get a patent?
Contact the patent office for your state or country (you can look this up throug...
Need urgent answer. Never signed Truth in Lending Disclosure docs - docs at closing had different terms and rates than what we had originally signed up for in the Loan Application. Signed closing docs as assured it would
you have three days to change your mind after closing a re-fi...
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