Patent Law

Court Report

Posted on January 24, 2011
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. King Pharmaceuticals Inc. et al. v. Intelliject Inc. 1:11-cv-00065; filed January 19, 2011 in the District Court of Delaware ? Plaintiffs: King Pharmaceuticals Inc...

Conference & CLE Calendar

Posted on January 24, 2011
January 25, 2011 - Understanding Obviousness in a Post-KSR World: Practical Applications for Compliance with the Recent USPTO Guidelines (Technology Transfer Tactics) - 1:00 - 2:30 PM (EST) January 26-27, 2011 - The Life Sciences Lawyer's Guide to Patent Term Adjustment and Patent Term Extensions*** (American Conference Institute) - New York, NY January 28-29, 2011 - The Future of Patents: Bilski and Beyond (Stanford Law Review & Stanford Program in Law, Science & Technology) January 31 - February 1, 2011 - Medical Device Patent Litigation*** (American Conference Institute) - New York, NY February 16-17, 2011 - Life Sciences Collaborative Agreements...

ACI FDA Boot Camp

Posted on January 22, 2011
American Conference Institute (ACI) will be holding the next session of its FDA Boot Camp conference on March 16-17, 2011 in New York, NY. ACI faculty will help attendees: ? Master the basics of the application and approval processes for drugs, biologics, and devices; ? Comprehend the structure of the FDA and the roles of the three major agency centers: CDER, CBER, and CDHR; ? Develop a practical working knowledge of clinical trials for drugs and biologics and the clearance process for devices; ? Learn how devices are classified, monitored, and regulated; ? Appreciate the complexities of pharmaceutical IP and...

Here We Go Again

Posted on January 21, 2011
By Kevin E. Noonan -- To quote Lawrence (Yogi) Berra, "It?s déjà vu all over again" -- Senator Patrick Leahy (D-VT) (at right), joined by Senators Orrin Hatch (R-UT) and Chuck Grassley (R-IA) are planning to introduce (yet again) a patent reform bill...

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Biotech/Pharma Docket

Posted on January 21, 2011
By James DeGiulio -- PDL BioPharma Synagis Patent Invalidated MedImmune gained major ground in its infringement and licensing dispute with PDL BioPharma after its last patent on antibodies used in the respiratory drug Synagis was found invalid. The relationship between the parties began in 1997, when PDL granted MedImmune a license to develop certain types of antibodies covered by five PDL patents...

USPTO News Briefs

Posted on January 20, 2011
By Donald Zuhn -- USPTO and IPAU Extend PPH and Agree to New PCT-PPH Programs Today, the U.S. Patent and Trademark Office and IP Australia (IPAU) announced that the two offices had agreed to extend their existing pilot bilateral Paris Convention Patent Prosecution Highway (PPH) agreement and enter into a new PPH pilot agreement utilizing Patent Cooperation Treaty results (PCT-PPH)...

Rep. Latta Reintroduces False Marking Bill in the House

Posted on January 19, 2011
By Donald Zuhn -- Last fall, Rep. Robert Latta (R-OH) (at right) introduced legislation in the House (H.R. 6352) that would have amended 35 U.S.C. § 292 to modify the penalty for false marking (see "New False Marking Bill Introduced in the House"). On January 7, Rep...

Academic Study Supports Longer Data Exclusivity Term for Conventional Drugs

Posted on January 18, 2011
By Kevin E. Noonan -- An enduring trope in literature from all civilizations is the efforts of one generation to make conditions and prospects better for the next generation. That parents care for their children has been explained as "human nature," sound economics, or biologically determined altruism (thereby extending the lifespan of one-half of one's genes in each child)...

Court Report

Posted on January 17, 2011
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. GlaxoSmithKline LLC v. Anchen Pharmaceuticals Inc. et al. 1:11-cv-00046; filed January 12, 2011 in the District Court of Delaware ? Plaintiff: GlaxoSmithKline LLC ? Defendants: Anchen Pharmaceuticals Inc...

Conference & CLE Calendar

Posted on January 17, 2011
January 21, 2011 - Patents, Innovation and Job Creation: A Virtuous Circle (Innovation Alliance) - Washington, DC January 25, 2011 - Understanding Obviousness in a Post-KSR World: Practical Applications for Compliance with the Recent USPTO Guidelines (Technology Transfer Tactics) - 1:00 - 2:30 PM (EST) January 26-27, 2011 - The Life Sciences Lawyer's Guide to Patent Term Adjustment and Patent Term Extensions*** (American Conference Institute) - New York, NY January 28-29, 2011 - The Future of Patents: Bilski and Beyond (Stanford Law Review & Stanford Program in Law, Science & Technology) January 31 - February 1, 2011 - Medical Device...

Stanford Law Review Symposium

Posted on January 15, 2011
Stanford Law Review will be holding its 2011 Symposium, entitled "The Future of Patents: Bilski and Beyond," on January 28-29, 2011. The Symposium, which is co-sponsored by the Stanford Program in Law, Science & Technology, will explore the effect of the Bilski case and other recent court decisions on research and innovation in areas ranging from business methods and software development to genetic engineering and diagnostic patents...

New House Judiciary Chairman Outlines Resolutions

Posted on January 14, 2011
By Donald Zuhn -- In an opinion piece published on POLITICO last week, the new Chairman of the House Judiciary Committee, Rep. Lamar Smith (R-TX) (at right), laid out Congress' resolutions for 2011 ("Judiciary panel's New Year's resolve"). In particular, Chairman Smith noted that Congress (or at least the Republican-controlled House of Representatives) "resolved to cut government spending, promote economic growth and help generate jobs for American workers" in the coming year...

AMP v. USPTO: Appellees' Brief

Posted on January 13, 2011
By Donald Zuhn -- In a brief filed on November 30, Plaintiffs-Appellees in Association for Molecular Pathology v. U.S. Patent and Trademark Office argue that they have standing; that Myriad's BRCA1/2 isolated DNA claims are invalid under 35 U.S.C. § 101 because they cover laws of nature, natural phenomena, physical phenomena, and products of nature; that Myriad's process claims are invalid under § 101 because they cover laws of nature and abstract ideas; and that Myriad's claims are unconstitutional under the First Amendment...

Senators Let FDA Know Their Intent Regarding Data Exclusivity Provisions of PPACA

Posted on January 12, 2011
By Kevin E. Noonan -- Members of Congress having sent their letter to the Food and Drug Administration on December 21st (see "Representatives Send Letter to FDA to Explain Data Exclusivity Provisions of Biosimilars Legislation"), on January 7th, it was the Senate's turn...

George Will on Innovation

Posted on January 11, 2011
By Kevin E. Noonan -- George Will, conservative icon, wrote an Op-Ed piece in The Washington Post last week extolling the virtues (and the necessities) of innovation and government support for it ("Rev the scientific engine"). He takes issue with some of his conservative brethren that, in view of what he terms the "excesses" of the various economic stimulus packages of the past few years, now oppose government expenditures that would support "innovation...

Representatives Send Letter to FDA to Explain Data Exclusivity Provisions of Biosimilars Legislation

Posted on January 10, 2011
By Kevin E. Noonan -- Members of Congress (Rep. Anna G. Eshoo (D-CA) (at right), Rep. Jan Inslee (D-WA), and Rep. Joe Barton (R-TX)) who sponsored the follow-on biologics portion of the comprehensive health care reform bill past year (Patient Protection and Affordable Care Act (H...

BIO Survey Shows Support for DNA-Based Patents Despite Some Reservations

Posted on January 10, 2011
By Donald Zuhn -- A survey commissioned by the Biotechnology Industry Organization (BIO) shows that 89% of respondents believe patents provide the protection, time, and funding researchers to work on major technological discoveries, and therefore, are a "good thing...

Court Report

Posted on January 10, 2011
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Aventis Pharma S.A. et al. v. Accord Healthcare Inc. USA 1:11-cv-00018; filed January 6, 2011 in the District Court of Delaware ? Plaintiffs: Aventis Pharma S...

Conference & CLE Calendar

Posted on January 10, 2011
January 11, 2011 - Gene Patenting -- Defining a Potentially Pivotal Moment in Biotech (Foley & Lardner LLP) - 12:00 to 1:00 pm (EST) January 12, 2011 - New USPTO Guidelines and the Obviousness Standard for Patents (Strafford) - 1:00 - 2:30 PM (EST) January 21, 2011 - Patents, Innovation and Job Creation: A Virtuous Circle (Innovation Alliance) - Washington, DC January 25, 2011 - Understanding Obviousness in a Post-KSR World: Practical Applications for Compliance with the Recent USPTO Guidelines (Technology Transfer Tactics) - 1:00 - 2:30 PM (EST) January 26-27, 2011 - The Life Sciences Lawyer's Guide to Patent...

ACI Medical Device Patent Litigation Conference

Posted on January 08, 2011
American Conference Institute (ACI) will be holding a conference on Medical Device Patent Litigation from January 31 to February 1, 2011 in New York, NY. Topics of discussion at the conference will include: ? Satisfying the four-prong test set forth in eBay and obtaining a permanent injunction; ? Effectively opposing injunction requests; ? Developing an unassailable reasonable royalty analysis; ? Contesting the plaintiff's proffer of "comparable" licenses; ? Recognizing the implications of Hatch-Waxman regulations on medical device patent litigation; and ? Enforcing and challenging the validity of method patents in the device context post-Bilski...

Web Conference on Gene Patenting

Posted on January 08, 2011
Foley & Lardner LLP will be hosting a web conference entitled "Gene Patenting -- Defining a Potentially Pivotal Moment in Biotech" on Tuesday, January 11, 2011 from 12:00 to 1:00 pm (Eastern). The web conference will be moderated by Harold C. Wegner of Foley & Lardner LLP, and will include the following panelists: Patent Docs author Kevin Noonan, Ph...

Conference on Patents, Innovation & Job Creation

Posted on January 08, 2011
The Innovation Alliance will be sponsoring a conference on "Patents, Innovation and Job Creation: A Virtuous Circle" on Friday, January 21, 2011 from 9:00 am to 1:35 pm at The Newseum, located at 555 Pennsylvania Ave., N.W. in Washington, DC. The conference will provide discussions with inventors, entrepreneurs, business leaders, and industry experts on the economic value of patents and a vigorous USPTO...

EPO Exempts Some Applicants from Submitting Search Results under Rule 141(1) EPC

Posted on January 07, 2011
By Donald Zuhn -- Last month, the European Patent Office (EPO) announced that in some circumstances, applicants would be exempted from filing a copy of search results under amended Rule 141(1) EPC. Prior to the EPO's announcement, the new rule would have required applicants to provide a copy of the results of any search that was carried out on a priority application when filing a European application or when entering the regional phase in Europe, and If the results were unavailable upon filing, to provide the results "without delay after such results have been made available" (see "EPO Prepares to...

Top Stories of 2010: #4 to #1

Posted on January 06, 2011
By Donald Zuhn -- Reflecting upon the events of the past twelve months, Patent Docs presents its fourth annual list of top biotech/pharma patent stories. For 2010, we identified a dozen stories that we covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent practitioners and applicants...

Steve Burrill Makes Predictions for the Biotech Industry in 25th Annual Report

Posted on January 05, 2011
By Kevin E. Noonan -- In his latest report on the biotechnology sector ("Biotech 2011 ? Life Sciences: Looking Back to See Ahead"), Steve Burrill (at right), CEO of Burrill & Co. continues the theme he has advanced for the past several years, with a twist...

Top Stories of 2010: #8 to #5

Posted on January 04, 2011
By Donald Zuhn -- Reflecting upon the events of the past twelve months, Patent Docs presents its fourth annual list of top biotech/pharma patent stories. For 2010, we identified a dozen stories that we covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent practitioners and applicants...

Biotech/Pharma Docket

Posted on January 04, 2011
By James DeGiulio -- Takeda Completes Settlements with 11 Generics, Finally Ending Actos Patent Dispute Takeda has completed settlements with all defendants in the patent litigation brought against several generic companies in response to their ANDAs for the diabetes drug Actos...

Top Stories of 2010: #12 to #9

Posted on January 03, 2011
By Donald Zuhn -- Reflecting upon the events of the past twelve months, Patent Docs presents its fourth annual list of top biotech/pharma patent stories. For 2010, we identified a dozen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent practitioners and applicants...

Court Report

Posted on January 03, 2011
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Main Hastings LLC v. Pfizer, Inc. 2:10-cv-00599; filed December 29, 2010 in the Eastern District of Texas False marking based on Pfizer's marking of thirteen different products from its Animal Health Division with various patents (twenty in total) that have expired...

Conference & CLE Calendar

Posted on January 03, 2011
January 5, 2011 - Patent Infringement Claims, Opinions of Counsel and Attorney-Client Privilege (Technology Transfer Tactics and Strafford) - 1:00 - 2:30 PM (EST) January 12, 2011 - New USPTO Guidelines and the Obviousness Standard for Patents (Strafford) - 1:00 - 2:30 PM (EST) January 25, 2011 - Understanding Obviousness in a Post-KSR World: Practical Applications for Compliance with the Recent USPTO Guidelines (Technology Transfer Tactics) - 1:00 - 2:30 PM (EST) January 26-27, 2011 - The Life Sciences Lawyer's Guide to Patent Term Adjustment and Patent Term Extensions*** (American Conference Institute) - New York, NY February 16-17, 2011 -...

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