Patent Law

Conference & CLE Calendar

Posted on June 08, 2009
June 16-17, 2009 - Biotech Patenting (C5) - Munich, Germany June 17, 2009 - The Future of Reverse Payment Settlements: Insider's Guide to Imminent Antitrust Policy Changes (American Conference Institute) - 1:00-2:30 PM (EST) June 19, 2009 - Patent Enforcement & Early Stage Litigation (Law Seminars International) - San Francisco, CA June 22-27, 2009 - Innovation Week 2009 (U...

PLI Advanced Patent Prosecution Workshop

Posted on June 06, 2009
Practising Law Institute (PLI) will be holding a two-day seminar entitled: "Advanced Patent Prosecution Workshop 2009: Claim Drafting & Amendment Writing" on July 23-24, 2009 in New York, NY and on August 17-18, 2009 in San Francisco, CA. At the New York seminar, PLI's faculty will offer presentations on the following topics: ? Ethics in the PTO; ? Concurrent Sessions I: Advanced Specification Drafting Issues -- all concurrent sessions will provide lectures specific to four different technologies including biotechnology and chemical/pharmaceutical; ? Concurrent Sessions II: Advanced Claim Drafting Issues; ? Concurrent Workshops I: Advanced Claim Drafting; ? In re Bilski...

CLE on Reverse Payment Settlements

Posted on June 06, 2009
American Conference Institute (ACI) will be offering a webinar entitled: "The Future of Reverse Payment Settlements: Insider's Guide to Imminent Antitrust Policy Changes" on June 17, 2009 from 1:00-2:30 PM (EST). Thomas Barnett, former Assistant Attorney General in charge of the Justice Department's Antitrust Division and co-chair of Covington & Burling's Antitrust & Consumer Law Practice Group; Meredyth Smith Andrus, Federal Trade Commission, Bureau of Competition; and Robert Rhoad, Co-Leader of Crowell & Moring's Health Care Litigation Team, will provide an overview of the present status of the law on patent settlements, including an analysis of the key issues in...

GSK Files Petition for Rehearing in Tafas v. Doll

Posted on June 05, 2009
By Donald Zuhn -- Plaintiff-appellee Dr. Triantafyllos Tafas was not alone yesterday in filing a petition for a panel rehearing or rehearing en banc of the March 20 decision in Tafas v. Doll (see Patent Docs report). Also seeking a rehearing of the Federal Circuit's decision in Tafas were plaintiffs-appellees SmithKline Beecham Corp...

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Agilent Technologies, Inc. v. Affymetrix, Inc. (Fed. Cir. 2009)

Posted on June 05, 2009
By Kevin E. Noonan -- The Federal Circuit clarified the role of the written description requirement in interference practice today in an opinion by Judge Rader, one of the Court's most severe critics of its written description jurisprudence. Unlike the situation where the written description requirement is used to invalidate patents (which is the subject of a petition for en banc review in Ariad v...

Tafas Files Petition for Rehearing in Tafas v. Doll

Posted on June 04, 2009
By Donald Zuhn -- Earlier today, counsel for Dr. Triantafyllos Tafas filed a petition for a panel rehearing or rehearing en banc of the decision issued by the Federal Circuit in Tafas v. Doll. In that decision, issued on March 20, a split panel determined that Rules 75, 78, 114, and 265 are procedural, but that Rule 78 is inconsistent with 35 U...

Ariad Files Petition for Rehearing in Ariad v. Lilly

Posted on June 04, 2009
By Donald Zuhn -- Yesterday, Ariad Pharmaceuticals filed a petition for a panel rehearing of the decision issued by the Federal Circuit in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. In that decision, issued on April 3, the Federal Circuit reversed the District Court's denial of Lilly's motion for JMOL in view of a jury verdict of infringement and validity of the asserted claims, and affirmed the District Court's ruling that Lilly failed to establish the affirmative defense of inequitable conduct (see Patent Docs report)...

A Response to Mr. Brill, and a Modest Proposal Regarding Inequitable Conduct

Posted on June 04, 2009
By Kevin E. Noonan -- As reported today in a Patent Docs post, Economist Alex Brill (at right) has proposed that Congress include in patent reform legislation provisions "putting some teeth" into the penalties available for inequitable conduct, presumably as a way to discourage it...

USPTO Launches On-Line Interface for Practitioner Changes of Address

Posted on June 04, 2009
By Christopher P. Singer -- In a notice posted on June 3, 2009, the U.S. Patent and Trademark Office announced the launch of an on-line system that will allow registered practitioners to update their official address of record with the Office of Enrollment and Discipline (OED) electronically, without the need to submit paper forms...

Docs at BIO: Biotech Director at EPO Discusses European Patent Practice

Posted on June 03, 2009
By Bradley Crawford -- On May 19, 2009, Mr. Enrique Molina Galan, one of nine Directors of Biotechnology at the European Patent Office, discussed biotech patent practice before the European Patent Office at BIO 2009. In a presentation entitled "How Is the European Patent Office Supporting Innovation in Europe?" Mr...

Former House Economist Sets Sights on Inequitable Conduct "Reform"

Posted on June 03, 2009
By Donald Zuhn -- Economist Alex Brill, who last fall released a report on follow-on biologics, is back, this time focusing on proposals for "reforming" the U.S. patent system instead of suggestions for creating a follow-on biologics regulatory pathway...

Amgen, Inc. v. Ariad Pharmaceuticals, Inc. (Fed. Cir. 2009)

Posted on June 02, 2009
By Andrew Williams -- On Monday, the Federal Circuit issued its decision in Amgen, Inc. v. Ariad Pharmaceuticals, Inc., dealing another blow to Ariad Pharmaceuticals and U.S. Patent No. 6,410,516, directed to certain aspects of the NF-?B transcription factor pathway...

The Supreme Court, In re Bilski and the Lingering Question of Labcorp v. Metabolite

Posted on June 02, 2009
By Kevin E. Noonan -- The Supreme Court today granted certiorari to the patent applicants in the In re Bilski case, an en banc decision from the Federal Circuit last fall. In doing so, the Court continued its recent history of more direct supervision of the Federal Circuit, a decision made more notable by the Federal Circuit's express reliance on its interpretation of Supreme Court precedent in crafting a legal test for patentability of method claims...

Court Report

Posted on June 01, 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. Stiefel Laboratories Inc. v. KV Pharmaceutical Co. 1:09-cv-00376; filed May 28, 2009 in the District Court of Delaware Infringement of U...

Conference & CLE Calendar

Posted on June 01, 2009
June 16-17, 2009 - Biotech Patenting (C5) - Munich, Germany June 19, 2009 - Patent Enforcement & Early Stage Litigation (Law Seminars International) - San Francisco, CA June 22-27, 2009 - Innovation Week 2009 (U.S. Patent and Trademark Office) - Arlington, VA June 21-23, 2009 - IP Business Congress (Intellectual Asset Management magazine) - Chicago, IL July 6, 2009 - Prior Art & Obviousness 2009: The PTO & CAFC Perspective on Patent Law Sections 102 & 103 (Practising Law Institute) - New York, NY July 8, 2009 - Markman Hearings and Claim Construction in Patent Litigation (Practising Law Institute) -...

PLI Seminar on Prior Art & Obviousness

Posted on May 30, 2009
Practising Law Institute (PLI) will be holding a seminar entitled: "Prior Art & Obviousness 2009: The PTO & CAFC Perspective on Patent Law Sections 102 & 103" on July 6, 2009 in New York, NY and on September 1, 2009 in San Francisco, CA. The seminar will provide information on the following topics: ? When is a patent a "patent" under the statute? ? Public accessibility -- on the web, on the shelf, in the mail, "routine" practices; ? Four steps to the abyss of 102(d); ? Ex parte 102(g); abandon, suppress, conceal; ? Actual vs...

PLI Seminar on Markman Hearings and Claim Construction

Posted on May 30, 2009
Practising Law Institute (PLI) will be holding a seminar entitled: "Markman Hearings and Claim Construction in Patent Litigation" on July 8, 2009 in New York, NY. Groupcasts of the New York session will also be held in New Brunswick, NJ; Philadelphia, PA; and Pittsburgh, PA...

Docs at BIO: "Perfect Storm" Super Session

Posted on May 29, 2009
By Kevin E. Noonan -- Last week, Biogen Idec sponsored a "Super Session" at the BIO 2009 International Conference entitled "Weathering the Perfect Storm of Financial Distress and Political Pressure." The session was moderated by Stephen Sands, Lazard Freres & Co...

Docs at BIO: Panel Addresses Narrowing Scope of Biotech Patents

Posted on May 28, 2009
By Donald Zuhn -- In a Breakout Session entitled "The Narrowing Scope of Biotech Patent Claims: What Does It Mean for the Industry?" at last week's BIO International Convention, a panel consisting of Anne Dollard, the Deputy General Counsel and Chief Patent Counsel for Takeda San Francisco; Thomas Kim, Senior Director of Intellectual Property for VGX Pharmaceuticals, Inc...

Court Report

Posted on May 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. Teva Pharmaceutical Industries Ltd. et al. v. Amgen Inc. 2:09-cv-02256; filed May 20, 2009 in the Eastern District of Pennsylvania Infringement of U...

USPTO News: EFS-Web Maintenance Scheduled for Sunday, May 31, 2009

Posted on May 28, 2009
By Christopher P. Singer -- The U.S. Patent and Trademark Office has posted on the top page of the EFS-Web portal site an advisory that the system will be unavailable because of system maintenance. According to the advisory, the maintenance is scheduled to begin at midnight and end at 4 a...

Docs at Bio: Patent Reform Super Session

Posted on May 27, 2009
By Kevin E. Noonan -- Last week, Eli Lilly & Co. sponsored a "Super Session" at the BIO 2009 International Conference entitled "Biotechnology Intellectual Property at the Crossroads." The session was moderated by John Lechleiter, President and Chief Executive Officer at Lilly, for a panel consisting of Robert Armitage, Lilly's General Counsel; Gregory Glover of the Pharmaceutical Law Group; and H...

Docs at BIO: Panel Addresses Follow-on Biologics Policy

Posted on May 26, 2009
By Sherri Oslick -- In a Breakout Session held last Wednesday at BIO 2009, a panel consisting of David Bassett, a Partner at WilmerHale; Genia Long, Managing Principal at Analysis Group; David Ridley, Assistant Professor of Business Administration at the Fuqua School of Business at Duke University; David Korn, Sr...

Buying, Selling and Licensing Patents Seminar

Posted on May 25, 2009
Law Seminars International (LSI) will be holding a one-day seminar entitled "Buying, Selling and Licensing Patents: Strategies for Turning Your Patent Portfolios into Revenue Streams" on July 20, 2009 in Washington, DC. During the seminar, LSI's faculty will offer presentations on the following topics: ? Patent marketplace 2009 and beyond; ? Patent sales case studies; ? Patent reform and patent valuation; ? Creating and implementing decision rules for patent portfolio mining and management (hold, sell, license or abandon?); ? Designing a patent purchasing program; and ? Licensing vs...

ABA 2009 Annual Meeting

Posted on May 25, 2009
The American Bar Association (ABA) will be holding its 2009 Annual Meeting from July 30 to August 4, 2009 in Chicago, IL. During the Annual Meeting, various ABA sections and divisions will be offering more than 250 CLE programs, including the following programs that will be offered by the Intellectual Property Law section: ? Patent Reform Act 2009: A Fresh Look? (Friday, July 31, 10:30 - 11:30 am) ? Helping Companies in a Down Economy: Strategic Planning for Identifying and Valuing Your IP (Friday, July 31, 2:00 - 3:30 pm) ? In re Bilski: Are Method Claims a Thing of...

Biotech/Pharma Docket

Posted on May 22, 2009
By Suresh Pillai -- Bavarian Nordic Suit over TroVax® Survives Motion to Dismiss Last week, the U.S. District Court for the Southern District of California refused to dismiss an amended complaint filed by Bavarian Nordic A/S alleging that Oxford Biomedica infringes Bavarian Nordic's U...

GSK's Sherry Knowles Responds to Post on BIO Session

Posted on May 22, 2009
By Donald Zuhn -- On Wednesday, we posted a report on a BIO Super Session entitled "A Model Patent Office for the Future -- Promoting and Protecting Investments in Innovation" (see "Docs at BIO: Panel Offers Suggestions for Fixing the USPTO"). At that session, a panel consisting of Sherry Knowles (at right), Vice President of Corporate Intellectual Property at GlaxoSmithKline Biopharmaceuticals, Inc...

Docs at BIO: Panel Offers Suggestions for Fixing the USPTO

Posted on May 21, 2009
By Donald Zuhn -- In a Wednesday Super Session entitled "A Model Patent Office for the Future -- Promoting and Protecting Investments in Innovation," a panel consisting of Sherry Knowles, Vice President of Corporate Intellectual Property at GlaxoSmithKline Biopharmaceuticals, Inc...

Docs at BIO: Steve Burrill's State of the Biotechnology Industry Report 2009

Posted on May 20, 2009
By Kevin E. Noonan -- What a difference a year makes. Steven Burrill (at right), President and CEO of Burrill & Co., unveiled his company's "State of the Biotechnology Industry" report on Tuesday at BIO 2009 in Atlanta. Mr. Burrill described what he termed "a sea change" that has occurred over the past several months, changes that have altered his rather optimistic proscriptions for the future set out in last year's report...

Docs at BIO: Lilly Counsel Discusses Patent Issues Regarding Personalized Medicine

Posted on May 20, 2009
By Donald Zuhn -- In a Breakout Session entitled "The Emerging Promise of Personalized Medicine," a panel consisting of Cindy Collins, Group Vice President at Beckman Coulter, Inc.; Brian Barrett, Associate General Patent Counsel at Eli Lilly & Company; Dr...

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