Patent Law

CHI CEO on Patent Reform and Follow-on Biologics Legislation

Posted on April 29, 2009
By Donald Zuhn -- Earlier today, California Healthcare Institute president and CEO Dr. David Gollaher provided Patent Docs with an update regarding the status of patent reform and follow-on biologics legislation in the 111th Congress. The California Healthcare Institute (CHI) is an independent organization comprising more than 250 biomedical companies and academic and research institutions involved in researching and advocating policy to forward the interests of California's biomedical community...

Follow-on Biologics in the News - No. 3

Posted on April 28, 2009
By Donald Zuhn -- Johnson & Johnson: 5-Year Exclusivity Period Would Kill Incentives to Innovate Last month, Amgen Inc. Vice President Stuart Watt asserted that any follow-on biologics regulatory pathway established by Congress would have to specify an exclusivity period of at least 12 years in order to provide incentives to innovator drug companies to continue developing new biologic drugs (see "Amgen VP Makes Case for Longer Exclusivity Period in Follow-on Biologics Legislation")...

Is Everything Obvious?

Posted on April 26, 2009
By Kevin E. Noonan -- Two pronouncements, one from the Supreme Court and the other from the Federal Circuit, portend the parlous state that could await American innovation should judges come to believe that that their judgment is as sound as that of actual innovators...

Court Report

Posted on April 26, 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. Bone Care International LLC et al. v. Eagle Pharmaceuticals Inc...

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Conference & CLE Calendar

Posted on April 26, 2009
April 27-28, 2009 - 3rd Annual Paragraph IV Disputes Conference*** (American Conference Institute) - New York, NY April 29-30, 2009 - Corporate IP Counsel Summit (World Research Group) - New York, NY May 18-21, 2009 - BIO International Convention (Biotechnology Industry Organization) - Atlanta, GA May 20, 2009 - Tafas v...

CLE on Tafas v. Doll

Posted on April 25, 2009
American Conference Institute (ACI) will be offering a webinar entitled: "Tafas v. Doll -- Dissecting the Decision and Preparing for Resurgence of USPTO Rules Limiting Patent Claims" on May 20, 2009 from 1:00-2:30 PM (EST). Michele Cimbala, Ph.D.; Elizabeth Haanes, Ph...

First Quarter Venture Capital Funding at 12-Year Low

Posted on April 24, 2009
By Donald Zuhn -- Late last week, PricewaterhouseCoopers and the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, announced the release of their quarterly MoneyTree Report (based on data from Thomson Reuters), which showed that venture capitalists had invested $3...

Amgen VP Makes Case for Longer Exclusivity Period in Follow-on Biologics Legislation

Posted on April 23, 2009
By Donald Zuhn -- For the past two years, much of the debate surrounding the various follow-on biologics bills that have been introduced in Congress has centered on the exclusivity periods provided by each bill. So far, three follow-on biologics bills have been introduced in the 111th Congress: H...

Biotech/Pharma Docket

Posted on April 22, 2009
By Suresh Pillai -- AstraZeneca Secures Temporary Restraining Order in PULMICORT® Case Last week, the U.S. District Court for the District of New Jersey barred Apotex from launching a generic version of PULMICORT® by granting AstraZeneca's requested temporary restraining order (see "Biotech/Pharma Docket," April 15, 2009)...

Takeda Pharmaceutical Co. v. Doll (Fed. Cir. 2009)

Posted on April 21, 2009
Another "Bright-Line" Rule from the Federal Circuit By Kevin E. Noonan -- The Supreme Court has had the occasion to overrule the Federal Circuit with prolixity over the past ten years. And in many of those cases (including KSR Int?l Co. v. Teleflex Inc...

Court Report

Posted on April 19, 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. Par Pharmaceutical, Inc. v. Novartis Pharmaceuticals Corp. et al...

Conference & CLE Calendar

Posted on April 19, 2009
April 20-21, 2009 - 5th International Judges Conference on Intellectual Property Law (Intellectual Property Owners Association) - Washington, DC April 20-21, 2009 - 6th Annual Freedom to Operate Forum (C5 (UK)) - London, England April 22, 2009 - "How Recent Patent Developments May Be Creating a 'Perfect Storm' for Biotechnology" (Association of Patent Law Firms) - 12:30-1:30 PM (EST) April 24, 2009 - Patent Claim Construction (Law Seminars International) - College Park, GA April 27-28, 2009 - 3rd Annual Paragraph IV Disputes Conference*** (American Conference Institute) - New York, NY April 29-30, 2009 - Corporate IP Counsel Summit (World Research...

CLE on Biotech Patenting "Perfect Storm"

Posted on April 18, 2009
The Association of Patent Law Firms (APLF) will be offering a dial in presentation entitled: "How Recent Patent Developments May Be Creating a 'Perfect Storm' for Biotechnology" on April 22, 2009 from 12:30-1:30 PM (EST). Kevin Noonan, Andrew Williams, and Donald Zuhn of McDonnell Boehnen Hulbert and Berghoff LLP will discuss recent decisions on obviousness (In re Kubin), written description (Ariad v...

IP Business Congress

Posted on April 18, 2009
Intellectual Asset Management (IAM) magazine will be hosting the second IP Business Congress on June 21-23, 2009 in Chicago, IL. The IP Business Congress is designed to meet the needs of senior business executives responsible for the creation and management of IP value inside corporations, as well as those who advise them...

Patent Enforcement & Early Stage Litigation Workshop

Posted on April 18, 2009
Law Seminars International (LSI) will be holding a one-day workshop on Patent Enforcement & Early Stage Litigation on June 19, 2009 in San Francisco, CA. During the workshop, LSI's faculty will offer presentations on the following topics: ? Recent decisions impacting patent viability, value, and enforceability; ? A fresh look at the plaintiff's decision to sue or license; ? Updating the defendant's approach to developing a defense strategy; ? Effective procedural practice for plaintiffs and defendants; ? Special judicial panel: Patent litigation under the new case law; ? Conveying complex technology; ? Working through the legal, economic, and business decisions...

Dickinson and Figg on Patent Reform

Posted on April 17, 2009
By Donald Zuhn -- At last month's Biotechnology Industry Organization (BIO) Intellectual Property Counsels' Committee (IPCC) conference, Q. Todd Dickinson, Executive Director of the American Intellectual Property Law Association (AIPLA), and E. Anthony Figg of Rothwell, Figg, Ernst & Manbeck, P...

USPTO Extends Patent Prosecution Highway Pilot Program with IP Australia; Begins Pilot Program with German Patent Office

Posted on April 16, 2009
By Christopher P. Singer -- In a Notice, dated April 13, 2009, the U.S. Patent and Trademark Office announced that it will continue the existing Patent Prosecution Highway (PPH) Pilot Program with the Intellectual Property Office of Australia (IP Australia) for an unspecified period of time in order to gather more information and assess the feasibility of the program prior to making the PPH program permanent...

Biotech/Pharma Docket

Posted on April 16, 2009
By Suresh Pillai -- Resolution Announced in Johnson & Johnson Razadyne® ER Patent Litigation Johnson & Johnson units Janssen LP, Janssen Pharmaceutica NV, and Ortho-McNeil Neurologics have stipulated to a dismissal with prejudice of all claims of patent infringement against KV Pharmaceutical Co...

Ariad Decision Voids Attempt to Use Broad Claiming to Avoid the Written Description Requirement

Posted on April 15, 2009
By Kevin E. Noonan -- Beginning with Regents of the University of California v. Eli Lilly and Company, the Federal Circuit has applied the written description requirement stringently in many art areas as a requirement of 35 U.S.C. § 112, first paragraph, that is separate from the enablement requirement...

The Non-obviousness of DNA

Posted on April 14, 2009
By Kevin E. Noonan -- The recent discussion of the Federal Circuit's decision in the In re Kubin case suggests there may be some misunderstanding of the science behind the legal question of obviousness. Because obviousness is a question of law based heavily on underlying issues of fact, it is important for commentators as well as judges to have some understanding of the underlying science...

Patent Profile: Ryogen Announces Issuance of Two Genomics Patents

Posted on April 14, 2009
By Donald Zuhn -- Ryogen LLC recently announced that the U.S. Patent and Trademark Office had issued U.S. Patent Nos. 7,468,266 and 7,470,522. The '266 patent is directed to an isolated genomic polynucleotide encoding human lipoprotein-associated phospholipase A2, as well as vectors and host cells comprising such polynucleotides, antisense oligonucleotides to such polynucleotides, and methods for modulating human lipoprotein-associated phospholipase A2 levels in a subject using such polynucleotides...

Gene Patenting and the Wisdom of Judge Lourie

Posted on April 13, 2009
By Kevin E. Noonan -- Biotechnology patent law faces the consequences of two decisions handed down last week by the Federal Circuit: In re Kubin and Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. The first of these illustrates the folly of ignoring the wisdom of the In re Deuel decision, in applying established principles of chemical patent practice to avoid the philosophical error of finding a chemical compound obvious because methods for making an unpredictable compound were well known...

Court Report

Posted on April 13, 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. Wyeth v. Cadila Healthcare Ltd. et al. 1:09-cv-00239; filed April 9, 2009 in the District Court of Delaware Infringement of U...

Conference & CLE Calendar

Posted on April 13, 2009
April 13, 2009 - New PTO Rules and Patent Reform in the 111th Congress (Practising Law Institute) - 1:00-3:00 PM (EST) April 16, 2009 - Biologue Chicago (Biotech Committee of the Intellectual Property Law Association of Chicago) - Chicago, IL April 20-21, 2009 - 5th International Judges Conference on Intellectual Property Law (Intellectual Property Owners Association) - Washington, DC April 20-21, 2009 - 6th Annual Freedom to Operate Forum (C5 (UK)) - London, England April 24, 2009 - Patent Claim Construction (Law Seminars International) - College Park, GA April 27-28, 2009 - 3rd Annual Paragraph IV Disputes Conference*** (American Conference...

CLE on Tafas v. Doll and Patent Reform

Posted on April 11, 2009
Practising Law Institute (PLI) will be offering an audio webcast entitled: "New PTO Rules and Patent Reform in the 111th Congress" on April 13, 2009 from 1:00-3:00 PM (EST). Robert Spar, former Director of the Office of Patent Legal Administration for the U...

C5 Biotech Patenting Conference

Posted on April 11, 2009
C5 (UK) will be holding its annual Biotech Patenting conference on June 16-17, 2009 in Munich, Germany. The conference will allow attendees to: ? Identify the principles followed by the courts and patent offices when determining inventorship and entitlement disputes; ? Capitalize on gene patenting and stem cell related inventions; ? Understand the practical impact of recent case law and other legal developments; ? Broaden your knowledge of effective claim construction to avoid patent challenges and defend the validity of their claims; ? Formulate strategies and tactics to conduct successful cross-jurisdictional litigation; ? Tackle the latest scientific and legal developments...

Biotech/Pharma Docket

Posted on April 10, 2009
By Suresh Pillai -- Delaware District Court Invalidates Concerta® Patent The U.S. District Court for the District of Delaware has ruled that Watson Pharmaceuticals, Inc.'s generic version of Concerta® (methylphenidate hydrochloride extended-release tablets) does not infringe ALZA Corporation's and McNeill-PPC's patent covering the drug...

Digene Corp. v. Third Wave Technologies, Inc. (Fed. Cir. 2009)

Posted on April 09, 2009
By Donald Zuhn -- On April 1st, the Federal Circuit affirmed the judgment of the District Court for the Western District of Wisconsin that Defendant-Cross Appellant Third Wave Technologies, Inc. did not infringe U.S. Patent No. 5,643,715, owned by Plaintiff-Appellant Digene Corp...

More Changes Coming in Europe

Posted on April 09, 2009
By Christopher P. Singer -- About two weeks ago, we were advised of by one of our European associates about changes to the rules relating to divisional practice in the European Patent Office (see "Changes Coming to Divisional Application Practice in Europe")...

Not Everyone Thinks "Patent Reform" is a Great Idea

Posted on April 08, 2009
By Kevin E. Noonan -- The Senate Judiciary Committee, particularly the triumvirate of Chairman Patrick Leahy (D-VT), Ranking Member Arlen Specter (R-PA), and Senator Diane Feinstein (D-CA), are pretty proud of themselves these days, having rammed their "compromise" patent "reform" bill through the Committee and headed to the Senate floor...

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