Patent Law

Supreme Court Refuses to Review Reverse Payments

Posted on March 08, 2011
By Kevin E. Noonan -- The Supreme Court today denied certiorari in Louisiana Wholesale Drug Co. v. Bayer AG (decided below as In re Ciprofloxacin Antitrust Litigation; see also "Second Circuit Denies En Banc Reconsideration in Cipro® Case"). According to the Court's website, neither Justice Sotomayor nor Justice Kagan participated in the decision...

Court Report

Posted on March 06, 2011
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Schering Corp. et al.v. Kappos 1:11-cv-00457; filed March 1, 2011 in the District Court of the District of Columbia ? Plaintiffs: Schering Corp...

Conference & CLE Calendar

Posted on March 06, 2011
March 16-17, 2011 - FDA Boot Camp*** (American Conference Institute) - New York, NY March 18, 2011 - Intellectual Property Panel Symposium (George Washington University Law School) - San Francisco, CA April 5-6, 2011 - International Patent Forum 2011 (Managing Intellectual Property) - London, UK April 6-9, 2011 - 26th Annual Intellectual Property Law Conference (American Bar Association Section of Intellectual Property Law) - Arlington, VA April 15, 2011 - 2nd Annual John Marshall Law School Review of Intellectual Property Law Symposium - Chicago, IL April 27, 2011 - 27th Annual Joint Patent Practice Seminar (Connecticut, New Jersey, New York,...

2nd Annual JMLS RIPL Symposium

Posted on March 05, 2011
The John Marshall Law School Review of Intellectual Property Law will be holding its 2nd Annual Symposium from 9 am to 5 pm on April 15, 2011 at the John Marshall Law School in Chicago, IL. The symposium will offer presentations on the following topics: ? Biosimilars ? Biosecurity ? Inequitable conduct ? TRIPS and TM rights ? Keynote speaker: Dr...

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27th Annual Joint Patent Practice Seminar

Posted on March 05, 2011
The Connecticut, New Jersey, New York, and Philadelphia Intellectual Property Law Associations will be holding their 27th Annual Joint Patent Practice Seminar on April 27, 2011 in New York, NY. The seminar will consist of five panels: USPTO Practice, Pharmaceuticals/Life Sciences, Licensing/Foreign Practice, Ethics, and Litigation with each panel addressing a series of cases and topics...

26th Annual Intellectual Property Law Conference

Posted on March 05, 2011
The American Bar Association (ABA) Section of Intellectual Property Law will be holding the 26th Annual Intellectual Property Law Conference on April 6-9, 2011 in Arlington, VA. Among the topics that will be covered at the conference are ? Reform inside & outside the USPTO; ? Contrasting USPTO and Judiciary treatment of patent Issues: How the differing standards impact your practice; ? Litigating damages: Does the hypothetical negotiation work? ? The advent of biosimilars and its potential effect on patent litigation; ? Hot topics in international IP law and practice; ? Enhanced damages, willfulness and the adverse inference post-Seagate: How...

International Patent Forum 2011

Posted on March 05, 2011
Managing Intellectual Property will be holding the International Patent Forum 2011 on April 5-6, 2011 in London, UK. Among the topics that will be covered at the forum are: ? National offices and international trends; ? Forum shopping in Europe; ? Licensing and tech transfer: making the most out of your patent; ? Cross border patent infringement strategies in Latin America -- An in-house perspective; ? Risk management and defense strategies; ? Latest issues in life sciences; ? How to protect your innovations in China; ? Obtaining patent protection for early-stage inventions; ? Comparing patent reform across jurisdictions; and ?...

Senator Feinstein Opposes First-to-File Provisions of Patent Reform Bill (S. 23)

Posted on March 04, 2011
By Kevin Noonan -- On Wednesday afternoon, Senator Dianne Feinstein (D-CA) (at right) addressed the Senate, calling for passage of an amendment to strip the "first-inventor-to-file" provisions from the Senate patent reform bill (S. 23). That amendment lost, 87-13 on Thursday, but her 5-minute speech raised important issues for the House of Representatives to consider when it takes up patent reform legislation (as well as issues that may be raised in any Constitutional challenge)...

Biotech/Pharma Docket

Posted on March 04, 2011
By James DeGiulio -- Abbott and Elan End TriCor Suit with Ranbaxy After only a few months, Abbott Loaboratories and Elan Pharma International, along with Abbott subsidiary Fournier Laboratories, have dropped their patent suit against Ranbaxy Laboratories over the latter's generic version of the cholesterol drug TriCor...

Patent Reform Bill (S. 23) Debated and Amended on Senate Floor

Posted on March 03, 2011
By Kevin E. Noonan -- On Tuesday, for the second day in a row, Senator Patrick Leahy (D-VT) (at right) stood on the floor of the Senate and argued for his colleagues to pass S. 23, now named the "Invent America Act." In Tuesday's action (which can be seen here: Senate Session, Part I and Senate Session, Part 2), Senator Leahy introduced a Manager's Amendment (the reported provisions of which are summarized below)...

European Parliament Approves Enhanced Cooperation Procedure to Create Unified EP Patent System

Posted on March 02, 2011
By James DeGiulio -- In late December, after once again failing to get unanimous approval for a united EP patent system, twelve of the EU countries supporting the unified system requested relief from "enhanced cooperation," a rarely used provision of the Lisbon Treaty (see "Several EU Members Push for Unified Patent System")...

USPTO News Briefs

Posted on March 01, 2011
By Donald Zuhn -- USPTO and IMPI Establish Patent Prosecution Highway (PPH) Pilot Program On Friday, the U.S. Patent and Trademark Office announced that it was establishing a new Patent Prosecution Highway (PPH) pilot program with the Mexican Institute of Industrial Property (IMPI)...

New Appointment at COFEPRIS

Posted on March 01, 2011
By Juan Serrano -- The Federal Commission for Protection Against Sanitary Risks (COFEPRIS) is the Mexican equivalent of the U.S. Food and Drug Administration (FDA). For the past three years this Commission was headed by Miguel Angel Toscano, who had previously held a position at the Ministry of Economy...

Court Report

Posted on February 28, 2011
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Medicines Company v. Mylan Inc. et al. 1:11-cv-01285; filed February 23, 2010 in the Northern District of Illinois ? Plaintiff: The Medicines Company ? Defendants: Mylan Inc...

Conference & CLE Calendar

Posted on February 28, 2011
March 2, 2011 - Biotechnology/Chemical/Pharmaceutical (BCP) Customer Partnership Meeting (U.S. Patent and Trademark Office) - 10:00 am - 4:15 pm (Eastern) March 2, 2011 - "KSR and the Ripple Effect: Examining the Broad and Increasing Impact of KSR on Patent Litigation and Practice" (American Intellectual Property Law Association) - 12:30 - 2:00 pm (Eastern) March 4, 2011 - Sixth Annual Symposium, "The Economics of Intellectual Property and Technology" (Northwestern Journal of Technology & Intellectual Property) - Chicago, IL March 16-17, 2011 - FDA Boot Camp*** (American Conference Institute) - New York, NY March 18, 2011 - Intellectual Property Panel Symposium...

Paragraph IV Disputes Conference

Posted on February 26, 2011
American Conference Institute (ACI) will be holding its next Paragraph IV Disputes conference on May 3-4, 2011 in New York, NY. The conference will allow attendees to: ? Decipher the proposed revision to the standard of invalidity under Microsoft v. i4i; ? Assess the evolving state of the law on double patenting type obviousness; ? Analyze the significance of the Supreme Court's grant of certiorari in Global Tech v...

USPTO Announces Agenda for Next BCP Customer Partnership Meeting

Posted on February 26, 2011
The U.S. Patent and Trademark Office has announced the agenda for the next biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting to be held on March 2, 2011. The proposed agenda is as follows: Morning Session ? Greetings and Overview (10:00 - 10:15 am EDT): Jackie Stone, George Elliott, and Remy Yucel, Directors, Technology Center 1600 ? Protest (10:15 - 11:15 am): Bennett Celsa, QAS, TC1600 ? Break (11:15 - 11:30 am) ? Help the USPTO improve the MPEP using an Online Collaboration Tool (11:30 am - 12:00 pm): Robert Clarke, Office of Patent Legal Administration ? PATI (12:00 - 12:20 pm): Terrel...

Intellectual Property Panel Symposium

Posted on February 26, 2011
The George Washington University Law School will be holding an Intellectual Property Panel Symposium on March 18, 2011 at The Ritz Carlton-San Francisco in San Francisco, CA. The Symposium will offer panel discussions on the following topics: ? 9:15 - 10:15 am -- "Intellectual Property in the Modern Boardroom: Major Issues Facing General Counsels, CEO's and Boards in Today's Corporations" Moderated by Scott Kieff, Professor of Intellectual Property Law, GW Law School Panelists: Dave Anderman, General Counsel, Lucasfilm Ltd...

Webinar on Impact of KSR

Posted on February 26, 2011
The American Intellectual Property Law Association (AIPLA) will be offering a web-based program entitled "KSR and the Ripple Effect: Examining the Broad and Increasing Impact of KSR on Patent Litigation and Practice " on March 2, 2011 from 12:30 - 2:00 pm (Eastern)...

More Reaction to Senate Patent Reform Legislation

Posted on February 25, 2011
By Donald Zuhn -- After six years of committee debate, all indications are that the Senate will finally take up patent reform legislation by mid-March (see "Patent Reform Legislation Moves to Senate Floor"). Earlier this month, we reported on the reaction of several groups to the passage of the Senate bill (S...

Centocor Ortho Biotech, Inc. v. Abbott Laboratories (Fed. Cir. 2011)

Posted on February 24, 2011
By Donald Zuhn -- Today, in Centocor Ortho Biotech, Inc. v. Abbott Laboratories, the Federal Circuit reversed the District Court's denial of judgment as a matter of law ("JMOL") of invalidity, holding the asserted claims of U.S. Patent No. 7,070,775 invalid for lack of written description...

Authorized Generics Again under Fire in Senate Bill

Posted on February 24, 2011
By Kevin E. Noonan -- In addition to patent reform, another patent-related idea from Congress's past has been resurrected in this Congress. Last Wednesday, Senator John D. Rockefeller, IV (D-DE) (at right) introduced S. 373, "The Fair Prescription Drug Competition Act," directed at limiting the right for an innovator drug company to market an "authorized generic" form of a patented drug...

Patent Reform Legislation Moves to Senate Floor

Posted on February 23, 2011
By Donald Zuhn -- According to a recent Reuters report, the Senate will take up consideration of patent reform legislation when it returns from a break next week. Senate Majority Leader Harry Reid (D-NV) said the Senate would take up patent reform after the break, and Assistant Senate Democratic Leader Dick Durbin (D-IL) expressed confidence that the bill would be passed; Democratic aides said that the plan was to get to the bill by March 14...

President's Budget Proposal Increases Funding for Basic Research But Seeks to "Trim" Data Exclusivity Period and Pay-for-Delay Agreements

Posted on February 22, 2011
By Donald Zuhn -- President Obama unveiled his 2012 budget last week, and while the President's budget calls for cuts in many areas of government, he would like to raise investment in basic research. As a result, under the President's budget proposal, funding for the National Institutes of Health (NIH) would rise from the current $31...

Court Report

Posted on February 21, 2011
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Abbott Laboratories et al. v. Sandoz Inc. 1:11-cv-00145; filed February 16, 2011 in the District Court of Delaware ? Plaintiffs: Abbott Laboratories; Abbott Respiratory LLC ? Defendant: Sandoz Inc...

Conference & CLE Calendar

Posted on February 21, 2011
February 25, 2011 - 55th Annual Intellectual Property Law Conference (John Marshall Law School Center for Intellectual Property Law) - Chicago, IL February 25, 2011 - "Navigating the IP Waters of Europe -- Understanding and Using the European Patent System" (American Bar Association (ABA) Section of Intellectual Property Law, Young Lawyers Division, ABA-IPL Young Lawyers Action Group, Section of International Law, and the ABA Center for Continuing Legal Education) - 1:00 - 2:00 PM (Eastern) March 4, 2011 - Sixth Annual Symposium, "The Economics of Intellectual Property and Technology" (Northwestern Journal of Technology & Intellectual Property) - Chicago, IL March...

John Marshall Law School 55th Annual IP Law Conference

Posted on February 21, 2011
The John Marshall Law School Center for Intellectual Property Law will be holding its 55th Annual Intellectual Property Law Conference on February 25, 2011 in Chicago, IL. The conference will consist of the following sessions: ? Recent Developments in Intellectual Property Law ? The Honorable James F...

Northwestern JTIP Sixth Annual Symposium

Posted on February 19, 2011
The Northwestern Journal of Technology & Intellectual Property will be holding its Sixth Annual Symposium on March 4, 2011 on the Chicago Campus of Northwestern University. The Symposium, entitled "The Economics of Intellectual Property and Technology," will consist of the following sessions: ? Economics of Biotechnology: The Human Gene Patenting Debate -- a panel discussion on the implications of the recent Myriad litigation on the future of gene patents and the development of medical treatments featuring Patent Docs author Kevin Noonan of McDonnell Boehnen Hulbert & Berghoff; Yvonne Cripps of the University of Indiana; and Andrew Robertson of BIO Ventures...

Clinical Biotech Forum West

Posted on February 19, 2011
The Institute for International Research (IIR) will be holding its Clinical Biotech Forum West on March 31, 2011 in Phoenix, AZ. The comprehensive one-day meeting delivers content designed for executives from small to midsize biopharmaceutical companies under 500 people looking for tools to execute fast, effective, and compliant clinical trials to achieve ROI and ensure regulatory approval...

Webinar on the European Patent System

Posted on February 19, 2011
The American Bar Association (ABA) Section of Intellectual Property Law, Young Lawyers Division, ABA-IPL Young Lawyers Action Group, Section of International Law, and the ABA Center for Continuing Legal Education will be offering a webinar and teleconference entitled "Navigating the IP Waters of Europe -- Understanding and Using the European Patent System" on February 25, 2011 from 1:00 - 2:00 PM (Eastern)...

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