Patent Law

Avid Identification Systems, Inc. v. Crystal Import Corp. (Fed. Cir. 2010)

Posted on May 05, 2010
By Kevin E. Noonan -- Last week, the Court of Appeals for the Federal Circuit in Therasense Inc. v. Becton Dickinson & Co. issued an order granting plaintiffs' motion for rehearing en banc on the Court's previous affirmance that the patents-in-suit were unenforceable for inequitable conduct...

ALZA Corp. v. Andrx Pharmaceuticals, LLC (Fed. Cir. 2010)

Posted on May 04, 2010
By Andrew Williams -- Last week, in ALZA Corp. v. Andrx Pharms., LLC, the Federal Circuit affirmed the U.S. District Court for the District of Delaware's decision that ALZA's patent related to treating Attention Deficit and Hyperactivity Disorder ("ADHD") was invalid for lack of enablement...

Gene Therapy Experiencing a Revival

Posted on May 04, 2010
By James DeGiulio -- After over a decade of suspicion following the death of an 18-year-old patient, gene therapy is experiencing a revival among scientists and drugmakers, according to a recent Bloomberg report ("'Dead as Doornail' Gene Therapy Revival Spurs Genzyme")...

Meet the Docs at BIO 2010

Posted on May 03, 2010
The Biotechnology Industry Organization (BIO) is holding its annual BIO International Convention this week at McCormick Place in Chicago, IL. Founded in 1993, BIO is a nonprofit association seeking supportive biotechnology policies on behalf of more than 1,200 biotechnology companies, state and international affiliates, and related organizations, as well as providing business development services for many emerging biotech companies...

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Court Report

Posted on May 03, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Pfizer Inc. et al. v. Watson Pharmaceuticals, Inc. et al. 0:10-cv-60674; filed April 29, 2010 in the Southern District of Florida ? Plaintiffs: Pfizer Inc...

Conference & CLE Calendar

Posted on May 03, 2010
May 3-6, 2010 - 2010 BIO International Convention (Biotechnology Industry Organization) - Chicago, IL May 11, 2010 - Law Symposium on Intellectual Property (George Washington University Law School, Howrey LLP & Cornerstone Research) - Washington, DC May 18, 2010 - "The Role of Patent Agents in Intellectual Property in the Changing Economy" (Intellectual Property Law Association of Chicago) - Chicago, IL May 20, 2010 - "The Federal Circuit: A National Court of Appeals: Approaching 30 Years" (U...

Follow-on Biologics Conference

Posted on May 01, 2010
American Conference Institute (ACI) will be holding a conference on Follow-on Biologics on June 21-22, 2010 in New York, NY. ACI faculty will help attendees: ? Prepare for follow-on patent litigation and understand what mechanisms are and will be in place for resolving patent disputes; ? Analyze the impact of the 12-year exclusivity period on the financial viability of development of follow-ons; ? Develop methods for demonstrating or disproving similarity "in terms of safety, purity and potency of the product"; ? Determine what safety data and technical level of support bio applicants will have to provide in order to get...

Webinar on Written Description Requirement after Ariad v. Lilly

Posted on May 01, 2010
Strafford will be offering a webinar entitled "Patents and the Written Description Requirement: Meeting Section 112 Disclosure Obligations After Ariad v. Lilly" on June 10, 2010, 2010 from 1:00 - 2:30 PM (EST). Peter Pappas of Sutherland Asbill & Brennan will provide guidance to patentees, patent challengers, and counsel for dealing with the written description requirement of 35 U...

Federal Circuit Grants En Banc Review in Therasense v. Becton Dickinson

Posted on April 30, 2010
By Donald Zuhn -- On Monday, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warrants en banc consideration. In the Court's per curiam order, it noted that the panel that heard the appeal considered the petition for rehearing submitted by Plaintiffs-Appellants Abbott Diabetes Care, Inc...

USPTO Cancels Appeals and Interferences Rule 41.200(b)

Posted on April 30, 2010
By Sarah Fendrick -- In a notice published in the Federal Register (75 Fed. Reg. 19558), the U.S. Patent and Trademark Office cancelled Rule 41.200(b) as a result of the decision rendered in Agilent Technologies, Inc. v. Affymetrix, Inc., 567 F.3d 1366 (Fed...

Ernst & Young Report: Biotech Industry Reaches Profitability for the First Time

Posted on April 30, 2010
By Donald Zuhn -- On Wednesday, less than a week before the industry congregates in Chicago for the 2010 BIO International Convention, Ernst & Young issued its 24th annual report on the biotech sector. In the report, entitled "Beyond Borders: Global Biotechnology Report 2010," the professional services firm concludes that "[t]he global biotechnology industry was able to weather the continued worldwide economic turmoil and deliver a strong financial performance in 2009, with the world's established biotech centers reaching profitability for the first time in history...

USPTO Announces Extension of Enhanced First Action Interview Pilot Program

Posted on April 30, 2010
By Sarah Fendrick -- The Enhanced First Action Interview Pilot Program, first implemented on October 20, 2009, was extended an additional six months beyond the original ending date of April 1, 2010. The program permits applicants to conduct an interview with an examiner after review of a pre-interview communication that discloses the results of a prior art search conducted by the Examiner...

Patent Profile: Sloning Biotechnology Granted U.S. Patent on Methods for Synthesis of dsDNA Triplet Libraries

Posted on April 29, 2010
By James DeGiulio -- On April 13, 2010, Sloning Biotechnology announced the issuance of U.S. Patent No. 7,695,906, which covers an optimized method of Slonomics, the company's platform technology. Slonomics uses a set of double stranded DNA triplets as universal building blocks for the synthesis of combinatorial libraries...

Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories, Ltd. (Fed. Cir. 2010)

Posted on April 28, 2010
By Kevin E. Noonan -- On April 14th, the Federal Circuit rendered a decision construing statutory language in a rather straightforward and unremarkable (albeit not unanimous) opinion. But the statutory language at issue involved the 2003 Medicare Prescription Drug Improvement and Modernization Act, which amended the 1984 Drug Price Competition and Patent Term Restoration Act (colloquially known as the Hatch-Waxman Act), thus raising the opinion's significance...

USPTO Administrator Arti Rai Responds to Patent Docs Post on PTO White Paper

Posted on April 27, 2010
Last week, Patent Docs published a post on the recent White Paper issued from the U.S. Patent and Trademark Office regarding provisions contained in the "Managers' Amendment" of the Senate patent reform bill (S. 515) (see "USPTO White Paper Supports Patent Reform Proposals")...

Court Report

Posted on April 26, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Ferndale Laboratories, Inc. v. PruGen, Inc. et al. 2:10-cv-11644; filed April 22, 2010 in the Eastern District of Michigan ? Plaintiff: Ferndale Laboratories, Inc...

Conference & CLE Calendar

Posted on April 26, 2010
April 27-28, 2010 - 4th Annual Paragraph IV Disputes*** (American Conference Institute) - New York, NY April 27-28, 2010 - Corporate IP Counsel Summit (World Research Group) - New York, NY April 29, 2010 - 26th Annual Joint Patent Practice Seminar (Connecticut, New Jersey, New York, and Philadelphia Intellectual Property Law Associations) - New York, NY May 3-6, 2010 - 2010 BIO International Convention (Biotechnology Industry Organization) - Chicago, IL May 11, 2010 - Law Symposium on Intellectual Property (George Washington University Law School, Howrey LLP & Cornerstone Research) - Washington, DC May 18, 2010 - "The Role of Patent...

Corporate Intellectual Property Law Conference

Posted on April 24, 2010
The Law Bulletin Publishing Company will be holding its Corporate Intellectual Property Law Conference on May 25, 2010 in Chicago, IL. The conference will address the following topics: ? General Session -- A discussion of conflicts and ethical challenges facing management and outside counsel; ? Patent Track Sessions -- ? Patent Law Update: A discussion of recent case law led by Chief Judge James Holderman, U...

IP Business Congress

Posted on April 24, 2010
Intellectual Asset Management (IAM) magazine will be hosting its next IP Business Congress on June 20-22, 2010 in Munich, Germany. The IP Business Congress is designed to meet the needs of senior business executives responsible for the creation and management of IP value inside corporations, as well as those who advise them...

USPTO White Paper Supports Patent Reform Proposals

Posted on April 23, 2010
By Kevin E. Noonan -- On April 13th, the Department of Commerce released a White Paper entitled "Patent Reform: Unleashing Innovation, Promoting Economic Growth & Producing High-Paying Jobs." All admirable goals, but unfortunately the paper is more hortatory than informatory...

MPEG LA Announces Formation of Gene Patent Pool

Posted on April 22, 2010
By Donald Zuhn -- In a press release issued earlier this month, MPEG LA, LLC announced that it was launching an initiative to enhance the availability of gene patents for diagnostic testing. MPEG LA, which describes itself as the world's leading packager of patent pools for standards and other technology platforms, would accomplish this objective by creating a new gene patent pool...

NVCA Report Shows First Quarter Drop in Venture Funding

Posted on April 21, 2010
By Donald Zuhn ?- On Friday, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its latest MoneyTree Report on venture funding. The study, conducted with PriceWaterhouseCoopers based on data from Thomson Reuters, indicates that venture capitalists invested $4...

Court Report

Posted on April 20, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Biovail Laboratories International SRL v. Paddock Laboratories, Inc. 0:10-cv-01571; filed April 15, 2010 in the District Court of Minnesota Infringement of U...

The Fantastical Economics of the Gene Patenting Debate

Posted on April 19, 2010
By Kevin E. Noonan -- At least since William Shockley's crackpot racial theories had their brief moment in the public discourse, it has been evident that merely achieving a Nobel Prize is not a guarantee of Solomonic wisdom, particularly outside the recipient's field of expertise...

"Colbert Report" Enters Gene Patenting Fray

Posted on April 19, 2010
By Donald Zuhn -- On last Thursday's "Colbert Report," host Stephen Colbert turned his attention to the Association of Molecular Pathology v. U.S. Patent and Trademark Office case that was decided on March 29. Pointing to the result in the BRCA1/2 gene patent case, Mr...

Conference & CLE Calendar

Posted on April 19, 2010
April 19-21, 2010 - Intellectual Property Counsels Committee (IPCC) Spring Conference & Meeting (Biotechnology Industry Organization) - New Orleans, LA April 22, 2010 - "Bio-Similars: The New Litigation Landscape" (Intellectual Property Owners Association) - 2:00 - 3:00 PM (EST) April 23-24, 2010 - 12th Comprehensive PCT Seminar (Franklin Pierce Law Center & World Intellectual Property Organization) - Concord, NH April 27-28, 2010 - 4th Annual Paragraph IV Disputes*** (American Conference Institute) - New York, NY April 27-28, 2010 - Corporate IP Counsel Summit (World Research Group) - New York, NY April 29, 2010 - 26th Annual Joint Patent Practice Seminar...

PRG Looks at the Future of Patent Law

Posted on April 17, 2010
Patent Resources Group (PRG) will be offering a one-day conference on "The Future of U.S. Patent Law: An In-Depth Discussion on the Congress, the Courts, and the USPTO" on June 11, 2010 from 9:00 AM to 4:30 PM at Buchanan Ingersoll and Rooney PC in Alexandria, VA...

IPLAC Panel Discussion on Role of Patent Agents

Posted on April 17, 2010
The Intellectual Property Law Association of Chicago (IPLAC) will offer a panel discussion entitled: "The Role of Patent Agents in Intellectual Property in the Changing Economy" on May 18, 2010 from 1:00 to 4:00 PM (CDT) at the John Marshall Law School in Chicago, IL...

C5 Freedom to Operate Forum

Posted on April 17, 2010
C5 (UK) will be holding its 7th International Forum on Freedom to Operate on May 26-27, 2010 in Munich, Germany. The conference will provide practical advice on the biggest challenges facing freedom to operate (FTO) assessments, including: ? How to effectively manage the FTO process to ensure the lowest cost, the highest value, and the lowest risk; ? The latest EPO, U...

MedPointe Healthcare, Inc. v. Kozachuk (Fed. Cir. 2010)

Posted on April 16, 2010
By Donald Zuhn -- On April 6, the Federal Circuit, in MedPointe Healthcare, Inc. v. Kozachuk, affirmed a decision of the District Court for the District of New Jersey enforcing a settlement agreement regarding the transfer of ownership of U.S. Patent Nos...

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