Patent Law

Agenda for Next BCP Customer Partnership Meeting Announced

Posted on November 28, 2009
The next biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting will be held on December 9, 2009. The proposed agenda for that meeting is as follows: Morning Session ? Greetings and Overview (10:00 - 10:15 am EDT): John LeGuyader and Remy Yucel, Directors, Technology Center 1600 ? Count System Changes (10:15 - 11:15 am): Bruce Kisliuk, Assistant Deputy Commissioner of Patent Operations ? Restriction Comparison: 35 U...

Life Sciences IP Due Diligence Conference

Posted on November 28, 2009
American Conference Institute (ACI) will be holding its 7th National Conference on Life Sciences IP Due Diligence from January 20-21, 2010 in New York. The conference will allow attendees to: ? Incorporate the impact of patent reform and new regulations on follow-on biologics into an IP due diligence review protocol; ? Evaluate the breadth, strength and validity of the patents at issue in order to predict the commercial viability of the IP being gained; ? Craft a checklist that will be most efficient in guiding attendees to obtain the information needed; ? Quantify the value of the IP at stake...

Biogen Idec Receives Method-of-Use Patent on Human ß-Interferon

Posted on October 01, 2009
Implications for Patent Protection for Avonex® Anti-Multiple Sclerosis Drug By Kevin E. Noonan -- There is a tendency to blame the process when an undesired outcome occurs. That is happening in the wake of regulatory filings with the Securities and Exchange Commission regarding U...

In re '318 Patent Infringement Litigation (Fed. Cir. 2009)

Posted on September 30, 2009
By Donald Zuhn -- Last week, a divided panel of the Federal Circuit affirmed a determination by the District Court for the District of Delaware that the claims of U.S. Patent No. 4,663,318 were invalid for lack of enablement. The '318 patent, which issued on May 5, 1987 from U...

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AstraZeneca Pharmaceuticals LP v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2009)

Posted on September 29, 2009
Sometimes, Sins of Omission Are Not Inequitable Conduct By Kevin E. Noonan -- St. Thomas Aquinas recognized two types of sin: those of omission and those of commission. In patent law, inequitable conduct comes closest to this concept of sin, where frequently the accused behavior is the failure to submit to a patent examiner during prosecution information that is material to patentability...

Obviousness-type Double Patenting after Amgen v. F. Hoffmann-La Roche

Posted on September 28, 2009
By Kevin E. Noonan -- Although Amgen's erythropoietin franchise has weathered its most recent challenge by F. Hoffmann-La Roche's pegylated EPO analog, Mircera® (see Amgen Inc. v. F. Hoffman-La Roche Ltd. (Fed. Cir. 2009)), the victory was not absolute...

Court Report

Posted on September 28, 2009
By 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. Eurand Inc. et al. v. Anchen Pharmaceuticals Inc. et al. 1:09-cv-00715; filed September 23, 2009 in the District Court of Delaware ? Plaintiffs: Eurand Inc...

Conference & CLE Calendar

Posted on September 28, 2009
September 30-October 1, 2009 - Biotech Patents*** (American Conference Institute) - Boston, MA October 5-6, 2009 - Patent Litigation 2009 (Practising Law Institute) - McLean, VA October 7-8, 2009 - Maximizing Pharmaceutical Patent Lifecycles*** (American Conference Institute) - New York, NY October 14, 2009 - Developments in Pharmaceutical and Biotech Patent Law (Practising Law Institute) - San Francisco, CA October 15-16, 2009 - Patent Litigation 2009 (Practising Law Institute) - Chicago, IL October 20-21, 2009 - 17th Forum on Biotech Patenting (C5) - London, United Kingdom October 22-23, 2009 - Pharmaceutical Congress on Paragraph IV Disputes*** (Center for Business Intelligence)...

USPTO and ARIPO Sign Bilateral Cooperation Agreement

Posted on September 26, 2009
By Donald Zuhn -- The U.S. Patent and Trademark Office announced today that it had signed a Workplan for Bilateral Cooperation on intellectual property issues with the African Regional Intellectual Property Organization (ARIPO). The Workplan, which will serve to promote the development of effective intellectual property systems in ARIPO member countries, was signed by Under Secretary of Commerce for Intellectual Property David Kappos and Director General of ARIPO Dr...

USPTO Seeks Comments Regarding Sequence Listing Rules

Posted on September 25, 2009
By Donald Zuhn -- The U.S. Patent and Trademark Office recently published a notice in the Federal Register inviting public comment regarding the Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures (74 Fed...

Biotech/Pharma Docket

Posted on September 24, 2009
By Suresh Pillai -- Cook and W. L. Gore Prevail in Suit over Endovascular Grafts The Court of Appeals for the Federal Circuit has affirmed a lower court ruling that neither Cook Inc. nor W. L. Gore & Associates infringed Edwards Lifesciences LLC's patents covering endovascular grafts used to treat aneurysms without open vessel surgery...

USPTO and EPO Announce Extension of Trial Period for PPH Program

Posted on September 24, 2009
By Christopher P. Singer -- In a notice dated September 23, 2009, the U.S. Patent and Trademark Office announced that it will extend for one year the trial period for its patent prosecution highway (PPH) program with the European Patent Office. The extended trial period will expire on September 30, 2010...

ACI Patent Opinion Writing Boot Camp

Posted on September 24, 2009
American Conference Institute (ACI) will be holding its Patent Opinion Writing Boot Camp on October 28-29, 2009 in Philadelphia, PA. The conference will allow attendees to: ? Identify how Seagate has altered opinion practice and the new standard for willful infringement; ? Clarify business objectives to determine the ultimate purpose of the opinion and the anticipated audiences; ? Formulate a pre-drafting strategy which accounts for the preparation, timing, and scope of the opinion; ? Understand how the opinion letter fits into the overall IP strategy; ? Incorporate new invalidity opinion strategies from evolving legal standards concerning written description and enablement;...

AsymmetRx, Inc. v. Biocare Medical, LLC (Fed. Cir. 2009)

Posted on September 23, 2009
By Donald Zuhn -- Last week, the Federal Circuit determined that Plaintiff-Appellant AsymmetRx, Inc. did not have standing to bring an action for infringement of the patents-at-suit absent the participation of the President and Fellows of Harvard College...

WIPO Releases Report on Worldwide IP Rights

Posted on September 22, 2009
By Donald Zuhn -- Last week, the World Intellectual Property Organization (WIPO) released a report on intellectual property trends showing that the number of filed patent, trademark, and industrial design applications increased in 2007 ("World Intellectual Property Indicators 2009")...

Patent Profile: Advaxis Granted New U.S. Patent in Protein Adjuvant Technology Portfolio

Posted on September 22, 2009
By Sherri Oslick -- Last week, Advaxis, Inc., a biotechnology corporation focused on using a bioengineered bacterium, Listeria monocytogenes (Lm), to activate the immune system to treat cancer, infectious disease, or allergic syndromes, was issued U.S...

Roll Call Authors Unite against Current Follow Biologics Legislation

Posted on September 21, 2009
By Donald Zuhn -- Earlier this month, James Love and James Glassman, writing in the Congressional newspaper Roll Call, expressed "alarm" regarding recent Congressional action concerning the establishment of a follow-in biologics (FOB) regulatory pathway ("Don't Kill Competition for High-Tech Drugs")...

Conference & CLE Calendar

Posted on September 21, 2009
September 21-22, 2009 - 2009 World Stem Cell Summit*** - Baltimore, MD September 21-22, 2009 - Patent Litigation 2009 (Practising Law Institute) - San Francisco, CA September 23-25, 2009 - 10th Annual Generic Drugs Summit on the Business of Biosimilars (Institute for International Research) - Boston, MA September 30-October 1, 2009 - Biotech Patents*** (American Conference Institute) - Boston, MA October 5-6, 2009 - Patent Litigation 2009 (Practising Law Institute) - McLean, VA October 7-8, 2009 - Maximizing Pharmaceutical Patent Lifecycles*** (American Conference Institute) - New York, NY October 14, 2009 - Developments in Pharmaceutical and Biotech Patent Law (Practising...

ACI Foreign Patent Law & Regulation Conference

Posted on September 19, 2009
American Conference Institute (ACI) will be holding a conference on Foreign Patent Law & Regulation for the U.S. Life Sciences Patent Practitioner from December 7-8, 2009 in New York, NY. The conference will allow attendees to: ? Develop a strategic plan for deciding when and where to file life sciences patents abroad; ? Prosecute and file life sciences and pharmaceutical patents in emerging Asian markets; ? Navigate unique issues that arise in the context of seeking supplementary protection certificates (SPCs) and method of use/treatment claims in life sciences patents; ? Address cultural idiosyncrasies and technical requirements in various jurisdictions when...

Tech Companies Send Letter on Patent Reform to Secretary Locke

Posted on September 18, 2009
By Donald Zuhn -- On Monday, a group of 56 companies sent a letter to Secretary of Commerce Gary Locke (below) urging the Secretary "to push for improvements" to the post-grant and inter partes examination provisions of patent reform legislation currently before Congress...

Prometheus Laboratories, Inc. v. Mayo Collaborative Services (Fed. Cir. 2009)

Posted on September 17, 2009
Medical Diagnostics Claims Are Patentable Subject Matter By Kevin E. Noonan -- Over the past few years, Federal Circuit decisions in In re Bilski and Classen Immunotherapeutics, Inc. v. Biogen Idec, combined with Justice Breyer's dissent in Laboratory Corp...

Interactive Graphic Illustrates How U.S. Patent System Has Driven American Economy

Posted on September 17, 2009
By Donald Zuhn -- Last month, the Milwaukee Journal Sentinel published two articles documenting the current state of the U.S. patent system (see "The Milwaukee Journal Sentinel Gets It Right about Patents"). The authors of those pieces, John Schmid and Ben Poston, have now compiled an interactive graphic that shows how the U...

Amgen Inc. v. F. Hoffman-La Roche Ltd. (Fed. Cir. 2009)

Posted on September 16, 2009
Something for Everyone, but the Injunction Stands By Kevin E. Noonan -- Amgen has several times successfully defended its erythropoietin (EPO) franchise, the company's first commercial success and in many ways the crown jewel of its (or anyone's) biologics drug pipeline...

Biotech/Pharma Docket

Posted on September 16, 2009
By Suresh Pillai -- Purdue Files Appeal in Ultram® Suit against Par Purdue Pharma Products Inc. has filed an appeal with the U.S. Court of Appeals for the Federal Circuit seeking to overturn an earlier federal court decision that invalidated Purdue's patents (U...

ChemBridge Makes Chemical Libraries Available Via Public Access Database

Posted on September 15, 2009
By Donald Zuhn -- Last month, ChemBridge Corp. announced that it would make ten of its most popular chemical screening libraries available to researchers via the Collaborative Drug Discovery (CDD) Public Access database. The CDD Public Access database, a collection of public data from leading vendors, researchers, scientific literature, and patent resources, is hosted by Collaborative Drug Discovery, Inc...

Court Report

Posted on September 14, 2009
By 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. Warner Chilcott C. LLC v. Lupin Limited et al. 1:09-cv-00673; filed September 9, 2009 in the District Court of Delaware ? Plaintiff: Warner Chilcott Co...

Conference & CLE Calendar

Posted on September 14, 2009
September 13-15, 2009 - 2009 Annual Meeting (Intellectual Property Owners Association) - Chicago, IL September 14-15, 2009 - 3rd Summit on Biosimilars and Follow-on Biologics*** (Center for Business Intelligence) - National Harbor, MD September 15-16, 2009 - FDA Boot Camp*** (American Conference Institute) - Boston, MA September 17, 2009 - Developments in Pharmaceutical and Biotech Patent Law (Practising Law Institute) - New York, NY September 21-22, 2009 - 2009 World Stem Cell Summit*** - Baltimore, MD September 21-22, 2009 - Patent Litigation 2009 (Practising Law Institute) - San Francisco, CA September 23-25, 2009 - 10th Annual Generic Drugs Summit on...

Analyst Lists Five Biotech Companies to Watch

Posted on September 12, 2009
By Donald Zuhn -- Last week, Dr. Simos Simeonidis, a Senior Biotechnology Analyst for Rodman & Renshaw, LLC, provided FierceBiotech with a list of five biotech companies to watch in the coming months ("Five Biotech Companies to Watch"). On Dr. Simeonidis' list were Poniard Pharmaceuticals, GTx, OncoGenex, MannKind Corp...

WIPO to Offer Seminars on PCT

Posted on September 12, 2009
The World Intellectual Property Organization (WIPO) will hold a one-day seminar on the Patent Cooperation Treaty (PCT) for small and medium-sized enterprises and independent inventors on November 10, 2009 in Baltimore, MD and on November 13, 2009 in Las Vegas, NV...

Sanofi-Aventis U.S. LLC v. Sandoz, Inc. (Fed. Cir. 2009)

Posted on September 11, 2009
More Claim Construction Confusion from the Federal Circuit By Kevin E. Noonan -- The Federal Circuit demonstrated once again the quagmire that can exist when lower courts attempt to apply the CAFC's rather quixotic jurisprudence on claim construction...

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