Patent Law

Conference & CLE Calendar

Posted on March 08, 2010
March 9, 2010 - "Patent Infringement Claims, Opinions of Counsel and Attorney-Client Privilege: Best Practices for Opinion Letters after Seagate and Qualcomm" (Technology Transfer Tactics & Strafford) - 1:00 - 2:30 PM (EST) March 17-18, 2010 - 18th Forum on Biotech Patenting (C5) - Munich, Germany March 18-19, 2010 - 4th Summit on Biosimilars and Follow-on Biologics*** (Center for Business Intelligence) - Washington, DC March 22-23, 2010 - 4th Annual Patent Law Institute (Practising Law Institute) - San Francisco, CA March 24-25, 2010 - FDA Boot Camp*** (American Conference Institute) - New York, NY March 30, 2010 - "The Bilski...

12th Comprehensive PCT Seminar

Posted on March 06, 2010
The Franklin Pierce Law Center and the World Intellectual Property Organization (WIPO) will be holding the 12th Comprehensive PCT Seminar on April 23-24, 2010 in Concord, NH. The two-day seminar will provide participants with in-depth knowledge and understanding of the PCT, and will address the following topics: ? Introduction to the PCT system; ? Basics of the PCT; ? Filing International applications by U...

WRG Corporate IP Counsel Summit

Posted on March 06, 2010
World Research Group (WRG) will be holding its Second Annual Corporate IP Counsel Summit on April 27-28, 2010 in New York, NY. The conference will focus on the latest developments in monetizing and maximizing IP, patent portfolio optimization. Among the presentations to be offered by WRG faculty are: ? Keynote Session -- Dennis Crouch, Patently-O; ? Enhancing your value as in-house counsel by learning to operate in the new world of open innovation (panel discussion); ? Preparing for litigation: Best practices to prepare, assert or defend against a patent assertion which leads to litigation; ? Overcoming barriers to patenting "green"...

Qui Tam Actions in Senate Sights

Posted on March 04, 2010
Manager's Amendment of S. 515 Would Eliminate Most Suits By Kevin E. Noonan -- Over the past few weeks, close to perhaps one hundred actions, characterized as "qui tam" (or whistleblower) lawsuits have been filed against several large companies (including 3M, Monster Cable Products, S...

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Biotech/Pharma Docket

Posted on March 04, 2010
By Suresh Pillai -- MIT Dismissed as Party in RNAi Dispute The U.S. District Court for the District of Massachusetts has granted the joint motion filed by plaintiff the Max Planck Institute and defendant the Massachusetts Institute of Technology to dismiss MIT as a party in a patent suit brought by Max Planck...

Swiss-type Claims Are No Longer Acceptable at the EPO

Posted on March 04, 2010
By Bradley Crawford -- On February 19, 2010, the European Patent Office Enlarged Board of Appeals issued its decision in In re Abbott Respiratory, G 0002/08 (EPO Enlarged Board of Appeal 2010). In this decision, three questions were considered by the Enlarged Board, but only the third question will be considered here: (3) Are any special considerations applicable when interpreting and applying Articles 53(c) and 54(5) EPC 2000? While the exact meaning of this question is not immediately evident to U...

House Leadership Says It Lacked "Adequate Input" on Senate Patent Reform Bill

Posted on March 03, 2010
By Donald Zuhn -- Last Thursday, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) informed those watching the Committee's Executive Business Meeting that the Committee had reached a "tentative agreement in principle" regarding patent reform legislation (see "Chairman Leahy Announces "Tentative Agreement in Principle" on Patent Reform Bill")...

Reverse Payments in Generic Drug Settlements - Part IV

Posted on March 03, 2010
Are the Courts or the FTC Misapplying the Law? By Kevin E. Noonan -- In its report on so-called "pay for delay" settlements of ANDA litigation (otherwise known as "reverse payments"), the Federal Trade Commission (FTC) is calling for an outright ban on such agreements...

Patent Public Advisory Committee to Meet on Wednesday, March 3, 2010

Posted on March 03, 2010
By Sarah Fendrick -- The U.S. Patent and Trademark Office posted a notice on its website announcing that the next meeting of the Patent Public Advisory Committee (PPAC) will be held on Wednesday, March 3, 2010. A webcast of the meeting can be accessed here...

District Court Judge Provides Another Reminder of Dysfunctional State of the Federal Circuit's Claim Construction Jurisprudence

Posted on March 02, 2010
Trading Technologies Int'l. Inc. v. eSpeed Inc. (Fed. Cir. 2010) By Kevin E. Noonan -- In an otherwise unremarkable affirmance of jury verdicts and district court decisions on claim construction, the nascent Chief Judge of the Federal Circuit, Randall Rader, and District Court Judge Ron Clark (E...

Court Report

Posted on March 02, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Simonian v. Merck & Co., Inc. et al. 1:10-cv-01297; filed February 25, 2010 in the Northern District of Illinois ? Plaintiff: Thomas A Simonian ? Defendants: Merck & Co...

In re Chapman (Fed. Cir. 2010)

Posted on March 01, 2010
The Standard of Reviewing Obviousness Determinations from the USPTO By Kevin E. Noonan -- The Federal Circuit vacated and remanded a Board of Patent Appeals and Interferences determination that the claims in U.S. Application No. 09/719,045 were obvious on Thursday, in deciding In re Chapman...

Court Report

Posted on March 01, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Watson Laboratories, Inc. vs Teva Women's Health, Inc. 3:10-cv-00115; filed February 25, 2010 in the District Court of Nevada Declaratory judgment of invalidity and non-infringement of U...

Conference & CLE Calendar

Posted on March 01, 2010
March 1-2, 2010 - 4th Annual Patent Law Institute (Practising Law Institute) - New York, NY March 2, 2010 - Biotechnology/Chemical/Pharmaceutical (BCP) Customer Partnership Meeting (U.S. Patent and Trademark Office) - 10:00 am - 4:00 pm (EST) March 2-4, 2010 - 6th Annual Biosimilars Conference (Visiongain) - Boston, MA March 3, 2010 - "What? Our Latest Stem Cell Discovery Has Already Been Patented?" (Patent Buddy & Sunlight Research) - 12:00 - 12:45 PM (CST) March 5, 2010 - Fifth Annual Symposium: "New Rules for a New Day" (Northwestern Journal of Technology & Intellectual Property) - Chicago, IL March 9, 2010...

Northwestern JTIP Fifth Annual Symposium

Posted on February 27, 2010
The Northwestern Journal of Technology & Intellectual Property will be holding its Fifth Annual Symposium on March 5, 2010 on the Chicago Campus of Northwestern University. The Symposium, entitled "New Rules for a New Day," will consist of the following sessions: ? The Patenting of Social Interactions: Bilski Before the Supreme Court - a panel discussion on the Bilski case, what is at stake, and the Supreme Court's options featuring Professor Matthew Sag of the DePaul University College of Law; Professor Joshua Sarnoff of the Washington College of Law at American University; Professor Jonathan Masur of the University of Chicago...

Webinar on Stem Cell Patents

Posted on February 27, 2010
Patent Buddy and Sunlight Research will be offering a webinar entitled "What? Our Latest Stem Cell Discovery Has Already Been Patented?" on March 3, 2010 from 12:00 - 12:45 PM (CST). Dr. Robin Chadwick of Schwegman, Lundberg & Woessner, P.A. will provide a presentation on stem cell patent claims coverage...

Webinar on Opinions of Counsel

Posted on February 27, 2010
Technology Transfer Tactics and Strafford will be offering a webinar entitled "Patent Infringement Claims, Opinions of Counsel and Attorney-Client Privilege: Best Practices for Opinion Letters after Seagate and Qualcomm" on March 9, 2010 from 1:00 - 2:30 PM (EST)...

Chairman Leahy Announces "Tentative Agreement in Principle" on Patent Reform Bill

Posted on February 26, 2010
By Donald Zuhn -- During an Executive Business Meeting of the Senate Judiciary Committee held earlier today, Chairman Patrick Leahy (D-VT) informed attendees and online viewers that the Committee had reached a "tentative agreement in principle" regarding patent reform legislation...

USPTO Announces Revised Patent Prosecution Highway Pilot Programs with JPO and IPOS and New PPH Pilot for PCT Work Products

Posted on February 26, 2010
By Sarah Fendrick -- The U.S. Patent and Trademark Office (USPTO) has created Patent Prosecution Highway (PPH) programs with the Intellectual Property Office of Singapore (IPOS), the Japan Patent Office (JPO) and the European Patent Office (EPO). Under each PPH program, an applicant receiving a determination from either of three Offices that at least one claim in the foreign application is allowable/patentable may then request that a corresponding application filed in the USPTO be accorded special status and be advanced out of turn for examination...

Reverse Payments in Generic Drug Settlements - Part III

Posted on February 26, 2010
Are the Courts or the FTC Misapplying the Law? By Kevin E. Noonan -- In its report on so-called "pay for delay" settlements of ANDA litigation (otherwise known as "reverse payments"), the Federal Trade Commission (FTC) is calling for an outright ban on such agreements...

President's Health Care Plan Includes Pay-for-Delay Ban and Biosimilar Regulatory Pathway

Posted on February 25, 2010
By Donald Zuhn -- President Obama's new proposal for health care reform was unveiled on the White House website earlier this week. According to the White House, the President's plan "builds off of the legislation that passed the Senate and improves on it by bridging key differences between the House and the Senate as well as by incorporating Republican provisions that strengthen the proposal...

Europe Takes Step Closer to Single EU Patent and Patent Court

Posted on February 25, 2010
By James DeGiulio -- On December 4, 2009, the European Competitiveness Council unanimously adopted a legislative package designed to create a single EU patent and EU patent court. In a press release issued by the Council of the EU, the Council concluded that enhancing the patent system in Europe is a necessary prerequisite for boosting growth through innovation and for helping European business...

Reverse Payments in Generic Drug Settlements - Part II

Posted on February 24, 2010
Are the Courts or the FTC Misapplying the Law? By Kevin E. Noonan -- In its report on so-called "pay for delay" settlements of ANDA litigation (otherwise known as "reverse payments"), the Federal Trade Commission (FTC) is calling for an outright ban on such agreements...

Biotech/Pharma Docket

Posted on February 24, 2010
By Suresh Pillai -- Lupin Claims Tri-Cyclen® Patent Invalid Lupin Pharmaceuticals Inc. has filed counterclaims in its suit with Ortho-McNeil-Janssen Pharmaceuticals Inc., alleging that Ortho's patent covering its Tri-Cyclen® Lo contraceptive, U.S. Patent No...

USPTO Announces "Count System" Changes In Effect

Posted on February 23, 2010
By Sarah Fendrick -- In a press release issued last week, the U.S. Patent and Trademark Office noted that the examiner "count system" changes announced on September 30, 2009 (see "USPTO Proposes Changes to Count System") have now gone into effect. The count system is the "methodology for determining the amount of time in which a patent examiner is expected to complete a patent examination and the credit that is given for each stage of an examination...

Reverse Payments in Generic Drug Settlements

Posted on February 23, 2010
Are the Courts or the FTC Misapplying the Law? By Kevin E. Noonan -- In its report on so-called "pay for delay" settlements of ANDA litigation (otherwise known as "reverse payments"), the Federal Trade Commission (FTC) is calling for an outright ban on such agreements...

Court Report

Posted on February 22, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Bayer Schering Pharma AG et al. v. Lupin Ltd. et al. 1:10-cv-00378; filed February 18, 2010 in the District Court of Maryland ? Plaintiffs: Bayer Schering Pharma AG; Bayer Healthcare Pharmaceuticals Inc...

Conference & CLE Calendar

Posted on February 21, 2010
February 24-25, 2010 - 2nd Expert Forum on ITC Litigation & Enforcement (American Conference Institute) - New York, NY March 1-2, 2010 - 4th Annual Patent Law Institute (Practising Law Institute) - New York, NY March 2, 2010 - Biotechnology/Chemical/Pharmaceutical (BCP) Customer Partnership Meeting (U...

USPTO Announces Agenda for Next BCP Customer Partnership Meeting

Posted on February 20, 2010
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, 2010. The proposed agenda is as follows: Morning Session ? Greetings and Overview (10:00 - 10:15 am EDT): George Elliott and Remy Yucel, Directors, Technology Center 1600 ? Best Practice in Reissue -- Part II (10:15 - 11:00 am): Jean Vollano, QAS, TC1600 ? Green Technology (11:00 am - 11:30 pm): Blaine Copenheaver, SPE, TC1700 ? Break (11:30 - 11:45 pm) ? Patent Term Adjustment (11:45 - 12:45 pm): Kery Fries, Office of Patent Legal Administration...

26th Annual Joint Patent Practice Seminar

Posted on February 20, 2010
The Connecticut, New Jersey, New York, and Philadelphia Intellectual Property Law Associations will be holding their 26th Annual Joint Patent Practice Seminar on April 29, 2010 in New York, NY. The seminar will consist of five panels: Litigation, Pharmaceuticals/Life Sciences, Ethics, Licensing/Foreign Practice/ITC, and the USPTO, with each panel addressing a series of cases and topics...

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