Patent Law

Docs at BIO: Ernst & Young Hosts Super Session Addressing Financial Performance of Biotech Industry

Posted on May 20, 2009
By Sherri Oslick -- In a Super Session held Tuesday morning at the BIO 2009 conference, Ernst & Young hosted "Beyond Borders -- Ernst & Young's Global Biotechnology Report 2009," a presentation that summarized the financial performance of the biotechnology industry in 2008 and addressed related issues and trends...

Abbott Laboratories v. Sandoz, Inc. (Fed. Cir. 2009)

Posted on May 19, 2009
By Kevin E. Noonan -- In an otherwise unremarkable decision affirming the district court's claim construction and summary judgment of noninfringement in Abbott Laboratories v. Sandoz, the Court of Appeals for the Federal Circuit took the opportunity to reconcile a long-standing conflict in its precedent...

Meet the Docs at BIO 2009

Posted on May 19, 2009
The Biotechnology Industry Organization (BIO) is holding its annual BIO International Convention this week at the Georgia World Congress Center in Atlanta. Founded in 1993, BIO is a nonprofit association seeking supportive biotechnology policies on behalf of more than 1,200 biotechnology companies, state and international affiliates, and related organizations, as well as providing business development services for many emerging biotech companies...

Altana Pharma AG v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2009)

Posted on May 18, 2009
By Andrew Williams -- Last Thursday, the Federal Circuit affirmed the decision of the District Court for the District of New Jersey denying a request by Altana Pharma and Wyeth (collectively "Altana") for a preliminary injunction to prevent Teva Pharmaceuticals ("Teva") from marketing a generic version of the antiulcer drug Protonix®...

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Association for Molecular Pathology v. U.S. Patent and Trademark Office

Posted on May 18, 2009
By Kevin E. Noonan -- The lawsuit filed by plaintiffs and represented by lawyers from the American Civil Liberties Union and the Public Patent Foundation (PUBPAT) is easy to decry in the biotechnology patent community. Patent Docs will provide a detailed explication of the complaint, including a discussion of its many falsehoods, misstatements and half-truths in a coming post...

Court Report

Posted on May 18, 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. Genzyme Corp. v. Lupin Ltd. et al. 1:09-cv-01258; filed May 14, 2009 in the District Court of Maryland Infringement of U...

Conference & CLE Calendar

Posted on May 18, 2009
May 18-21, 2009 - BIO International Convention (Biotechnology Industry Organization) - Atlanta, GA May 20, 2009 - Tafas v. Doll -- Dissecting the Decision and Preparing for Resurgence of USPTO Rules Limiting Patent Claims*** (American Conference Institute) - 1:00-2:30 PM (EST) May 27, 2009 - Follow-on Biologics Patent Litigation: Using Additional Patents and REMS to Protect Market Share (FDA News) - 11:00 am to 12:30 pm (EST) 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...

Follow-on Biologics Webinar

Posted on May 16, 2009
FDA News will be offering a webinar entitled: "Follow-on Biologics Patent Litigation: Using Additional Patents and REMS to Protect Market Share" on May 27, 2009 from 11:00 am to 12:30 pm (EST). Chad Landmon and Matt Becker of Axinn, Veltrop & Harkrider LLP will provide a comparison of competing follow-on biologics legislation and demonstrate the major differences between the bills, discuss the potential impact of this legislation on innovator biologics manufacturers, describe how patent challenges to biologics will be different from small molecule drugs, offer practical strategies for building the strongest possible patent portfolios, and provide information on structuring a...

NAPP Annual Meeting

Posted on May 16, 2009
The National Association of Patent Practitioners (NAPP) will be holding its 2009 Annual Meeting on July 18-21, 2009 in San Diego, CA. An optional short-course entitled: "The Nuts & Bolts of Patent Prosecution Practice" will be offered on July 18. Topics to be covered during the short course include: ? Inventorship ? Prior Art Searching ? Basic Claim Drafting ? Written Specification ? Patent Drawings ? Responding to Office Actions ? Examiner Interviews ? Allowance & Issue ? Practitioner Knowledge Tools ? Building a Successful Solo Practice Following the organization's annual meeting on July 19, a two-day conference entitled: "2009...

IPO Releases List of Top 300 Patent Holders for 2008

Posted on May 15, 2009
"Biotech/Pharma" Top 43 By Donald Zuhn -- The Intellectual Property Owners Association (IPO) released its 26th annual list of the top 300 organizations receiving U.S. patents. Patent Docs Readers may recall that the U.S. Patent & Trademark Office stopped releasing its annual list of top patent recipients in 2006 in order to "discourag[e] any perception that we believe more is better...

Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2009)

Posted on May 14, 2009
By Donald Zuhn -- The Federal Circuit today affirmed a determination by the District Court for the District of Delaware that U.S. Patent No. 5,583,122 was not invalid as obvious nor invalid for obviousness-type double patenting. The '122 patent, which is owned by Plaintiff-Appellee Procter & Gamble Co...

More on House Patent Reform Hearing

Posted on May 13, 2009
By Donald Zuhn -- On April 30th, the House Committee on the Judiciary heard testimony from seven witnesses (and accepted written testimony from other interested parties) regarding the House patent reform bill (H.R. 1260) (see "House Judiciary Committee Holds Hearing on Patent Reform")...

Patent Profile: Immunomedics Announces Patent for Dock-and-Lock Antibody Assemblies

Posted on May 13, 2009
By Mark Chael -- On May 5th, Immunomedics, Inc. announced that its majority-owned subsidiary, IBC Pharmaceuticals, Inc., was granted U.S. Patent No. 7,527,787, entitled "Multivalent Immunoglobulin-based Bioreactive Assemblies." Claim 1 from the patent reads: 1...

Court Report: Special Edition

Posted on May 13, 2009
By Kevin E. Noonan -- Association for Molecular Pathology et al. v. U.S. Patent and Trademark Office, Myriad Genetics et al. 09-cv-04515-RWS; filed May 12, 2009 in the District Court for the Southern District of New York Earlier today, a group of patients, physicians, academic researchers and medical societies filed suit in the Southern District of New York against the U...

BIO IP Policy Briefing

Posted on May 12, 2009
By Kevin E. Noonan -- Last Friday, the Biotechnology Industry Organization (BIO) presented its members-only 2009 Spring IP Policy Briefing to member companies, particularly directed to member law firms. The presentation was moderated by Lila Feisee, BIO's Managing Director, Intellectual Property...

Court Report

Posted on May 11, 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. Yeda Research and Development Co., Ltd., v. Doll 1:09-cv-00820; filed May 4, 2009 in the District Court of the District of Columbia Review and correction of the patent term adjustment calculation made by the U...

Conference & CLE Calendar

Posted on May 11, 2009
May 18-21, 2009 - BIO International Convention (Biotechnology Industry Organization) - Atlanta, GA May 20, 2009 - Tafas v. Doll -- Dissecting the Decision and Preparing for Resurgence of USPTO Rules Limiting Patent Claims*** (American Conference Institute) - 1:00-2:30 PM (EST) 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...

FDA Boot Camp Conference

Posted on May 09, 2009
American Conference Institute (ACI) will be holding the next session of its FDA Boot Camp conference on July 21-22, 2009 in Chicago, IL. The conference will allow attendees to: ? Master the basics of the approval processes for drugs, biologics, and devices, including in-depth discussion of the application, pre-approval, and post-approval requirements; ? 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;...

USPTO Begins Pilot Program with the German Patent Office

Posted on May 08, 2009
By Christopher P. Singer -- As we previously reported by Patent Docs, the U.S. Patent and Trademark Office began a Patent Prosecution Highway (PPH) Pilot Program with the German Patent and Trademark Office (DPMA) on April 27, 2009 which will last for two years...

Patent Profile: ImmunoCellular Therapeutics Announces Issuance of Patent for Method of Monitoring Myeloma or Ovarian Cancer Therapy

Posted on May 08, 2009
By Mark Chael -- On April 29, 2009, ImmunoCellular Therapeutics, Ltd. announced that the U.S. Patent and Trademark Office issued Patent No. 7,498,129, which relates to the company's monoclonal antibody platform. The '129 patent is entitled "Myeloma Cell and Ovarian Cancer Cell Surface Glycoproteins, Antibodies Thereto, and Uses Thereof," and according to ImmunoCellular, is directed to the use of the company's antibodies to measure the effectiveness of proposed treatments for multiple myeloma and ovarian cancer...

New Administration, Same Result: U.S. Trade Representative's Section 301 Report

Posted on May 07, 2009
By Kevin E. Noonan -- U.S. Trade Representative Ron Kirk issued a "Special 301 Report" on April 30. This report, on the state of intellectual property rights worldwide, identifies twelve countries on a "priority watch list" and another 33 on a "watch list," all relating to deficiencies in intellectual property protection in these countries...

Patent Profile: Raptor Pharmaceuticals Secures Allowances for Brain Drug Delivery Methods

Posted on May 07, 2009
By Mark Chael -- On April 29, 2009, Raptor Pharmaceuticals Corp. announced that the U.S. Patent and Trademark Office recently issued Notices of Allowance for two of its pending patent applications related to methods of delivering drugs to the brain. The Notices were issues for U...

Biotech/Pharma Docket

Posted on May 06, 2009
By Suresh Pillai -- Novartis Denied Jury Trial in Famvir® Suit Last week, the U.S. District Court for the District of New Jersey denied Novartis Pharmaceutical Corp.'s request for a jury trial in its suit against Roxane Laboratories Inc. In the lawsuit, filed in July 2008 (see "Court Report," May 18, 2008), Norvartis alleges that Roxane infringed Novartis patents covering Famvir®, a treatment for genital and oral herpes...

Amgen Inc. v. International Trade Commission (Fed. Cir. 2009)

Posted on May 05, 2009
By Andrew Williams -- Last year, a panel of the Federal Circuit affirmed the International Trade Commission's (ITC's) grant of summary judgment against Amgen in its attempts to block importation of Roche's Micera® peglylated erythropoietin product. At the time, Patent Docs provided a detailed report of the decision and its implications...

By Sherri Oslick -- About Court

Posted on May 04, 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 Co. et al. v. Midlothian Laboratories L.L.C. 2:09-cv-02026; filed April 30, 2009 in the District Court of New Jersey Warner Chilcott Co...

Conference & CLE Calendar

Posted on May 04, 2009
May 18-21, 2009 - BIO International Convention (Biotechnology Industry Organization) - Atlanta, GA May 20, 2009 - Tafas v. Doll -- Dissecting the Decision and Preparing for Resurgence of USPTO Rules Limiting Patent Claims*** (American Conference Institute) - 1:00-2:30 PM (EST) 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...

Pharma/Biotech Collaborative Agreements Conference

Posted on May 02, 2009
American Conference Institute (ACI) will be holding a Pharma/Biotech Collaborative Agreements conference from July 14-15, 2009 in San Francisco, CA. The conference will allow attendees to: ? Capitalize on shifting trends in the venture capital investment landscape; ? Draft critical termination terms; ? Forge and protect lucrative relationships with investors; ? Negotiate partnerships with start-up innovators and government programs; ? Contend with increased pressure from anxious investor's seeking an immediate healthy return on their investment; ? Redefine alliance management priorities; ? Position an IP portfolio to increase market power; ? Negotiate milestones into the compensation structure; and ? Convert a...

Cost-Effective Patent Strategies Workshop

Posted on May 02, 2009
Law Seminars International (LSI) will be holding a one-day workshop on Using Cost-Effective Patent Strategies on July 15, 2009 in Seattle, WA. During the workshop, LSI's faculty will offer presentations on the following topics: ? Value of patents under recent law: Planning procurement in light of a changing landscape; ? If not filing patents: Using trade secret protection as a cost-saving measure; ? Managing costs of patent procurement and enforcement defense; ? Building a more profitable portfolio: Tips for more effective and efficient patent procurement; ? Managing legal costs in patent transactions; ? Enforcing patents efficiently: Getting the money without...

House Judiciary Committee Holds Hearing on Patent Reform

Posted on May 01, 2009
By Donald Zuhn -- Earlier today, the House Committee on the Judiciary heard testimony from seven witnesses (and accepted written testimony from other interested parties) regarding the House patent reform bill (H.R. 1260). Although the hearing was not made available for online viewing, written testimony from the witnesses who testified at the hearing can be downloaded at the Committee's website...

House Judiciary Committee (Finally) Releases Witness List for Patent Reform Hearing

Posted on April 30, 2009
By Donald Zuhn -- On Monday, the House Committee on the Judiciary announced that it would be holding on hearing on its patent reform bill (H.R. 1260) on April 30, 2009 at 10:00 AM (Eastern). Although the Committee posted a notice regarding the hearing on its website, it did not release a witness list until today...

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