Patent Law

PCT and EP Filings on the Rise Again

Posted on February 18, 2011
By Donald Zuhn -- Last week, the World Intellectual Property Organization (WIPO) announced that International patent filings under the Patent Cooperation Treaty (PCT) rose from 155,398 in 2009 to 162,900 in 2010 -- an increase of 4.8%. While the United States ranked first in filings with 44,855 applications, this still marked a 1...

Biotech/Pharma Docket

Posted on February 18, 2011
By James DeGiulio -- Medicis and Q-Med Settle Restylane Dispute with Genzyme Genzyme has agreed to drop its infringement suit with Medicis regarding the cosmetic injection product Restylane in exchange for a lump sum payment from Q-Med. In October 2010, Genzyme brought suit in the U...

Curiouser and Curiouser

Posted on February 17, 2011
By Kevin E. Noonan -- The rift that has arisen between the U.S. Patent and Trademark Office and the Justice Department over the question of patent-eligibility for isolated genes seems to be continuing. Last Thursday, the Acting Solicitor General sent a letter to the Federal Circuit, requesting to opportunity to present oral argument to the Court in support of the Justice Department's amicus curiae brief in Association of Molecular Pathology v...

USPTO Promulgates Guidelines for Applying 35 U.S.C. § 112, 2nd Paragraph

Posted on February 16, 2011
By Kevin E. Noonan -- Last Wednesday, the U.S. Patent and Trademark Office promulgated "Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. 112 and for Treatment of Related Issues" (76 Fed. Reg. 7162). The Guidelines, which take effect immediately and apply to all pending applications, "are intended to assist United States Patent and Trademark Office (Office) personnel in the examination of claims in patent applications for compliance with 35 U...

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USPTO and EPO Agree to Principles of Joint Patent Classification System

Posted on February 15, 2011
By Donald Zuhn -- On February 4, the U.S. Patent and Trademark Office and European Patent Office announced that the two offices had reached agreement on the principles of a new joint patent classification system known as the Cooperative Patent Classification (CPC)...

Court Report

Posted on February 14, 2011
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Mylan Pharmaceuticals Inc. et al. 1:11-cv-00127; filed February 10, 2011 in the District Court of Delaware ? Plaintiffs: Novartis Pharmaceuticals Corp...

Conference & CLE Calendar

Posted on February 14, 2011
February 16-17, 2011 - Life Sciences Collaborative Agreements and Acquisitions*** (American Conference Institute) - New York, NY February 16-17, 2011 - Biotech & Pharmaceutical Patenting (IBC Legal) - Munich, Germany March 16-17, 2011 - FDA Boot Camp*** (American Conference Institute) - New York, NY ***Patent Docs is a media partner of this conference or CLE

Biotech/Pharma Docket

Posted on February 11, 2011
By James DeGiulio -- Abbott Fails to Stay Patent Dispute with Wyeth over Stents Despite pending reexaminations over the patents-in-suit, Abbott Laboratories was unsuccessful in its attempt to stay litigation with Wyeth over patents for drug-coated stents...

Reaction to Senate Patent Reform Act (S. 23)

Posted on February 10, 2011
By Kevin E. Noonan -- A number of groups have responded to the Senate Judiciary Committee vote to approve the Patent Reform Act of 2010 (see "Judiciary Committee Votes on Patent Reform Bill"). The Biotechnology Industry Organization (BIO), in a press release from President and CEO Jim Greenwood the day after the vote, praised Senators Leahy (D-VT), Grassley (R-IA), and "the bill's other sponsors," citing their "tireless efforts" to "carefully craft bipartisan, consensus-oriented patent reform legislation...

AMP v. USPTO -- Briefing Update III

Posted on February 09, 2011
By Donald Zuhn -- With the help of Patent Docs readers, we have been trying to collect copies of all of the briefs that have been filed in the Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") case and make them available on our site...

USPTO Provides More Details Regarding "Three Track" Examination Proposal

Posted on February 08, 2011
By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office provided additional details regarding its proposed "Three Track" patent examination initiative. An outline of the Office's Three Track program, or Enhanced Examination Timing Control Initiative, was originally provided in a Federal Register notice (75 Fed...

Renova Therapeutics Begins Congestive Heart Failure Gene Therapy Trials

Posted on February 08, 2011
By James DeGiulio -- Last year, we reported on the revival of the therapeutic potential of gene therapy, after the technique hibernated for years due to questions of safety and inefficient gene delivery (see "Gene Therapy Experiencing a Revival"). The revival continues with the announcement of a new gene therapy clinical trial initiated by San Diego startup Renova Therapeutics...

Court Report

Posted on February 07, 2011
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Somaxon Pharmaceuticals Inc. et al. v. Par Pharmaceutical Inc. et al. 1:11-cv-00107; filed February 2, 2011 in the District Court of Delaware ? Plaintiffs: Somaxon Pharmaceuticals Inc...

Conference & CLE Calendar

Posted on February 07, 2011
February 8, 2011 - Corporate Intellectual Property Law Conference (Law Bulletin Publishing Company) - Chicago, IL February 9, 2011 - Patent Claim Indefiniteness: Enzo v. Applera (Intellectual Property Owners Association) - 2:00 PM (ET) February 9-10, 2011 - BioPharma IP Innovations Summit (Strategic Solutions Network) - Miami, FL February 16-17, 2011 - Life Sciences Collaborative Agreements and Acquisitions*** (American Conference Institute) - New York, NY February 16-17, 2011 - Biotech & Pharmaceutical Patenting (IBC Legal) - Munich, Germany March 16-17, 2011 - FDA Boot Camp*** (American Conference Institute) - New York, NY ***Patent Docs is a media partner of this...

CLE on Patent Claim Indefiniteness

Posted on February 05, 2011
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Patent Claim Indefiniteness: Enzo v. Applera" on Wednesday, February 9, 2011 beginning at 2:00 PM (ET). The IPO webinar will address the question: just how definite do the claims of a patent need to be? The webinar will look at the Federal Circuit's decision in Enzo Biochem, Inc...

Corporate Intellectual Property Law Conference

Posted on February 05, 2011
The Law Bulletin Publishing Company will be holding its annual Corporate Intellectual Property Law Conference on February 8, 2011 in Chicago, IL. The conference will address the following topics: General Sessions ? The State of the USPTO -- "Strategic Perspectives on Intellectual Property: Inside and Out (of the USPTO)" -- Sharon Barner, former Deputy Director of the U...

Judiciary Committee Votes on Patent Reform Bill

Posted on February 04, 2011
By Kevin E. Noonan -- The Senate Judiciary Committee met today and passed S. 23, the Patent Reform Act of 2011, sending it to the Senate floor for consideration. The vote was 15 ayes, no nays, and on abstention (by Senator John Cornyn, R-TX). But prior to the vote, there were several (but fewer than expected) amendments presented and adopted, and several Senators who voiced their intention to bring amendments to the Senate floor and, if they were not included in the final bill, these Senators could not pledge their support...

Sen. Kohl Introduces Bill to Prohibit Reverse Payments

Posted on February 03, 2011
By Donald Zuhn -- Last week, Senator Herb Kohl (D-WI) (at right) introduced the Preserve Access to Affordable Generics Act (S. 23) in the Senate. The bill, which is co-sponsored by Senators Sherrod Brown (D-OH), Susan Collins (R-ME), Richard Durbin (D-IL), Al Franken (D-MN), Chuck Grassley (R-IA), Amy Klobuchar (D-MN), and Bernard Sanders (I-VT), is designed to prohibit brand name drug companies from compensating generic drug companies for delaying the entry of generic drugs into the market...

Biotech/Pharma Docket

Posted on February 02, 2011
By James DeGiulio -- Jury Awards Abbott $16M in Tarka Patent Suit Against Glenmark Abbott Laboratories has been awarded $16 million in its suit against Glenmark Pharmaceuticals over a generic version of the blood pressure drug, Tarka, after a federal jury found Glenmark liable for infringement...

Another Academic with Solutions to Problems that Don't Exist

Posted on February 01, 2011
By Kevin E. Noonan -- Speaking of Oakland, Gertrude Stein famously said "There is no there, there." The quote comes to mind when reading much of the academic literature on patenting genes and diagnostic method claims, which continues to follow the pattern of "there could be a problem, there should be a problem, in the future there might be a problem, so the fact that there is no evidence that there is a problem is irrelevant to my theory about the best way to solve the problem...

Court Report

Posted on January 31, 2011
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Human Genome Sciences Inc. v. Genentech Inc. et al. 1:11-cv-00082; filed January 25, 2011 in the District Court of Delaware ? Plaintiff: Human Genome Sciences Inc...

Conference & CLE Calendar

Posted on January 31, 2011
January 31 - February 1, 2011 - Medical Device Patent Litigation*** (American Conference Institute) - New York, NY February 9-10, 2011 - BioPharma IP Innovations Summit (Strategic Solutions Network) - Miami, FL February 16-17, 2011 - Life Sciences Collaborative Agreements and Acquisitions*** (American Conference Institute) - New York, NY February 16-17, 2011 - Biotech & Pharmaceutical Patenting (IBC Legal) - Munich, Germany March 16-17, 2011 - FDA Boot Camp*** (American Conference Institute) - New York, NY ***Patent Docs is a media partner of this conference or CLE

Biotech & Pharmaceutical Patenting Conference

Posted on January 29, 2011
IBC Legal will be holding its 19th annual Biotech & Pharmaceutical Patenting conference on February 16-17, 2011 in Munich, Germany. IBC Legal faculty will help attendees: ? Analyze the evolving biotech & pharmaceutical market landscape and what this means for a holistic patent strategy; ? Maximize the chance of a successful patent filing for new scientific processes; ? Optimize patent life cycles and extend market dominance; ? Examine landmark appeal and litigation decisions and analyze the implications for future patent cases; and ? Hear in depth insights on the legal procedures in key European, U...

BioPharma IP Innovations Summit

Posted on January 29, 2011
Strategic Solutions Network (SSN) will be holding its BioPharma IP Innovations Summit on February 9-10, 2011 in Miami, FL. The Summit will offer presentations on the following topics: ? Are you ready for open innovation? -- Pre-conference workshop-applying lessons from other industries to reinvigorate the life sciences business model; ? Emerging business bootcamp -- Pre-conference workshop: Incubating the next generation of revenue generators; ? Diagnostics and beyond: Critical communication requirements in preparing a new era of IP transaction management; ? Actions to avoid in M&A and strategic partnerships; ? Innovations in laboratory collaboration: Fostering open collaboration between global laboratory researchers;...

Amicus Briefs in AMP v. USPTO: AARP

Posted on January 28, 2011
By Donald Zuhn -- With briefing in the Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") case now complete, Patent Docs has begun reviewing the 29 amicus briefs that were filed with the Court of Appeals. Of the 29 amicus briefs, fifteen were filed in support of Defendants-Appellants and/or reversal, twelve were filed in support of Plaintiffs-Appellees and/or affirmance, and two remain to be determined (Patent Docs has not yet obtained copies of these briefs)...

President Obama Proposes, BIO Agrees

Posted on January 28, 2011
By Kevin E. Noonan -- In his State of the Union address to Congress and the nation, President Obama emphasized the need for America to return to its innovator and entrepreneurial roots, and harness the ingenuity and commercial vigor long associated with this country to effectively compete in the global economy...

Data or Market Exclusivity? (Perhaps) Only Congress Knows for Sure

Posted on January 27, 2011
By Kevin E. Noonan -- A debate has begun on the meaning of the term "exclusivity" in the follow-on biologics pathway provisions of the Patient Protection and Affordable Care Act (P.L. 111-148), § 351(k) of the Public Health Service Act, codified at 42 U...

More on Data Exclusivity

Posted on January 26, 2011
By Kevin E. Noonan -- Members of Congress, from both houses, have let the Food and Drug Administration know their views on the distinction between "data exclusivity" and "market exclusivity" under the follow-on biologics pathway provisions of the Patient Protection and Affordable Care Act (P...

U.S. Patients Petition FDA to Regulate Genzyme Export of Fabrazyme

Posted on January 26, 2011
By James DeGiulio -- In December 2009, the Department of Health and Human Services denied a petition filed by U.S. Fabry patients to secure higher quantities of drug Fabrazyme, exercise Bayh-Dole march-in rights against Genzyme, and issue an open license to U...

The Nexus between Biotechnology and Economic Recovery

Posted on January 25, 2011
By Kevin E. Noonan -- In anticipation of President Obama's State of the Union address tomorrow, Jim Greenwood, President and CEO of the Biotechnology Industry Organization made a recommendation today in The Arena portion of the Politico website: The president's State of the Union should, rightly, focus on jobs, particularly the need to create and fill new jobs to compete in an increasing competitive global marketplace...

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