Patent Law

Tafas v. Doll (Fed. Cir. 2009)

Posted on March 20, 2009
By Donald Zuhn -- In a 55-page opinion issued earlier today, the Federal Circuit determined that the four rules at issue in Tafas v. Dudas are procedural, but that Rule 78 is inconsistent with 35 U.S.C. § 120 (i.e., that portion of the rule which limits the number of continuation applications), and therefore, affirmed-in-part, vacated-in-part, and remanded...

Second Follow-on Biologics Bill Is Introduced in House

Posted on March 19, 2009
By Donald Zuhn -- Yesterday, Rep. Anna Eshoo (D-CA) (at right) provided an alternative to Rep. Henry Waxman's (D-CA) follow-on biologics bill, when she introduced the Pathway for Biosimilars Act (H.R. 1548). Rep. Waxman had introduced his own bill (H...

MAPP Economist Advises Congress on Damages Provision

Posted on March 18, 2009
By Donald Zuhn -- Back in January, the Manufacturing Alliance on Patent Policy (MAPP) released a report indicating that the apportionment of damages provisions H.R. 1908 -- the patent reform bill passed by the House in September 2007 -- would have severe economic effects (see "Manufacturing Alliance on Patent Policy: Apportionment of Damages Provision Will Have Adverse Effects")...

Senate and House Introduce Bills Prohibiting Authorized Generics

Posted on March 16, 2009
By Donald Zuhn -- Recently, a number of bills that would significantly impact the biotech and pharma industry have been introduced in Congress. These bills include the Preserve Access to Affordable Generics Act (S. 369), which would prohibit brand name drug companies from compensating generic drug companies for delaying the entry of generic drugs into the market; the Promoting Innovation and Access to Life-Saving Medicine Act (H...

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Senate Judiciary Committee Places Patent Reform Bill on Agenda

Posted on March 16, 2009
By Donald Zuhn -- The Senate Judiciary Committee has placed the Senate patent reform bill (S. 515) on the agenda for the Committee's March 19th Executive Business Meeting. The meeting, which begins at 10:00 am (Eastern), will be webcast. The meeting agenda and a webcast link can be found at the Committee's website...

By Suresh Pillai -- Sepracor Settles

Posted on March 16, 2009
By Suresh Pillai -- Sepracor Settles Xopenex Suit With Barr Last week, Sepracor Inc. and Barr Pharmaceuticals, Inc. (a Teva Pharmaceuticals subsidiary) entered into a settlement agreement that effectively ends a dispute between the two companies over the patent family covering Xopenex®, an inhaled asthma treatment...

USPTO News: Competency of ISAs -- Potential Delays for Applications filed with the RO/US

Posted on March 16, 2009
By Christopher P. Singer -- In a pre-OG Notice dated March 13, 2009, the U.S. Patent and Trademark Office addressed some issues relating to the competency of certain foreign patent offices to act as an International Searching Authority (ISA) under the PCT...

Court Report

Posted on March 15, 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. Sanofi-Aventis U.S. LLC et al. v. Ebewe Pharma Ges.M.B.H. NFG.KG 3:09-cv-01116; filed March 11, 2009 in the District Court of New Jersey Infringement of U...

Conference & CLE Calendar

Posted on March 15, 2009
March 23-24, 2009 - 3rd Annual Patent Law Institute (Practising Law Institute) - San Francisco, CA March 24, 2009 - 5th Annual Document Management, E-Discovery, and Litigation Readiness for Life Sciences (American Conference Institute) - New York, NY March 25-27, 2009 - Intellectual Property Counsels' Committee Spring Conference & Meeting (Biotechnology Industry Organization) - Phoenix, AZ March 30-31, 2009 - Pharmaceutical and Biotech Patent Claim Drafting*** (American Conference Institute) - New York, NY March 30-31, 2009 - FDA Boot Camp*** (American Conference Institute) - New York, NY April 1-4, 2009 - 24th Annual Intellectual Property Law Conference (American Bar Association...

More Response to New Patent Reform Legislation

Posted on March 13, 2009
By Donald Zuhn -- BIO Seeks Improvements to Patent Reform Legislation Following Tuesday's hearing on patent reform, the Biotechnology Industry Organization (BIO) issued a press release urging the Senate Judiciary Committee to make improvements to its new patent reform bill (S...

Roche and Genetech Agree on Terms of Merger

Posted on March 13, 2009
By Christopher P. Singer -- In a March 12, 2009 press release, Roche and Genentech announced that the two companies had agreed on terms of a merger agreement. According to the report, the terms of the agreement include Roche's cash acquisition of all outstanding publicly held shares of Genentech stock at $95 per share, which will total about $46...

Waxman Introduces Follow-on Biologics Bill

Posted on March 12, 2009
By Donald Zuhn -- It appears that Representative Henry Waxman (D-CA) (at right) will be the first to introduce a follow-on biologics bill in the 111th Congress. According to a Reuters report, Rep. Waxman has initiated a bipartisan effort to create a follow-on biologics regulatory pathway in the United States...

President Obama Reaffirms Faith in Science

Posted on March 12, 2009
By Kevin E. Noonan -- In all the understandable excitement surrounding President Obama's lifting of the Bush Administration's ban on federal funding for embryonic stem cell research, his broader message may have gotten lost. Overturning the stem cell ban is just a part of a return to the tradition, the guiding principle in Western societies since the end of the Dark Ages, to use the scientific method and its results to understand the world and make rational decisions on policy based on science instead of ideology...

Senate Judiciary Committee Holds Hearing on Patent Reform

Posted on March 11, 2009
By Donald Zuhn -- For almost two hours this morning, the Senate Judiciary Committee heard testimony regarding its efforts to reform U.S. patent law. Not surprisingly, much of the discussion at the hearing focused on Section 4 of the Senate patent reform bill (S...

Biotech/Pharma Docket

Posted on March 11, 2009
By Suresh Pillai --Final Judgment Granted to Applera in Dispute with Enzo On March 5, the U.S. District Court for the District of Connecticut, upon the order of the Court of Appeals for the Federal Circuit (see "Biotech/Pharma Docket," March 2, 2009), reopened the patent litigation suit between Applera (based in Foster City, CA) and Enzo Biochem (based in New York, NY) and issued final judgment in favor of Applera (now Life Technologies, following Applera's merger with Invitrogen)...

USPTO News: Patent Office Extends Deferred Examination Comment Period

Posted on March 10, 2009
By Christopher P. Singer -- In a Federal Register Notice (74 Fed. Reg. 10036) published on Monday, March 9, the U.S. Patent and Trademark Office announced that it is extending the deadline for submitting written comments regarding issues raised at last month's roundtable discussion on deferred examination, or any issue relating to deferral of examination, to May 23...

What Good is the Federal Circuit?

Posted on March 10, 2009
By Kevin E. Noonan -- The Court of Appeals for the Federal Circuit occupies a unique place in the Federal appellate system. Like the D.C. Circuit and unlike the other circuits, it is not regional and its jurisdiction is not limited to Federal District Courts in a particular geographical area...

Merck and Schering-Plough to Merge

Posted on March 10, 2009
By Donald Zuhn -- The new year has witnessed yet another blockbuster biotech/pharma deal. On the heels of Pfizer's $68 billion acquisition of Wyeth (see "Pfizer Expected to Announce Wyeth Acquisition on Monday") in January, Merck & Co., Inc. and Schering-Plough Corp...

President Obama to Lift Stem Cell Limits on Monday

Posted on March 09, 2009
By Donald Zuhn -- The New York Times reported late last week that President Obama will satisfy one of his campaign pledges on Monday when he reverses limits imposed by the Bush administration on embryonic stem cell research. In August of 2001, the Bush administration ordered that federal research be limited to lines of cells that were already in existence at the time...

Court Report

Posted on March 08, 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-00147; filed March 5, 2009 in the District Court of DelawareInfringement of U...

Conference & CLE Calendar

Posted on March 08, 2009
March 13, 2009 - Current Strategies for Patent Claim Construction: Key Updates on Patent Prosecution and Litigation (Law Seminars International) - San Francisco, CAMarch 23-24, 2009 - 3rd Annual Patent Law Institute (Practising Law Institute) - San Francisco, CAMarch 24, 2009 - 5th Annual Document Management, E-Discovery, and Litigation Readiness for Life Sciences (American Conference Institute) - New York, NYMarch 25-27, 2009 - Intellectual Property Counsels' Committee Spring Conference & Meeting (Biotechnology Industry Organization) - Phoenix, AZMarch 30-31, 2009 - Pharmaceutical and Biotech Patent Claim Drafting*** (American Conference Institute) - New York, NYMarch 30-31, 2009 - FDA Boot Camp*** (American...

Senator Specter Seeks Resolution of Issues before Vote on Patent Reform Bill

Posted on March 06, 2009
By Donald Zuhn -- On Tuesday, Senator Arlen Spector (R-PA) (at right), the ranking member of the Senate Judiciary Committee, sent a letter to Committee Chairman Patrick Leahy (D-VT), requesting that the Senate patent reform bill (S. 515) "not be placed on the Executive Business Agenda until late May, after the Court of Appeals for the Federal Circuit has the opportunity to hear argument in Lucent Technologies, Inc...

White House Seeks Comments on Rulemaking and Rule Enforcement Policy

Posted on March 06, 2009
By David Boundy --A notice and comment period of great importance to the patent community opened last week, and this period is scheduled to remain open only until March 16th. This period arises as a result of a "Memorandum for the Heads of Executive Departments and Agencies" (74 Fed...

Chile Now PCT Contracting State . . . Peru to Follow

Posted on March 06, 2009
By Sherri Oslick -- On March 2, 2009, Chile deposited its instrument of accession to the Patent Cooperation Treaty (PCT) with the World Intellectual Property Office (WIPO), becoming the 140th PCT Contracting State. The PCT will enter into force in Chile on June 2, 2009...

Patent Claim Construction Seminar

Posted on March 06, 2009
Law Seminars International (LSI) will be holding a one-day seminar on Patent Claim Construction on April 24, 2009 at the Georgia International Convention Center in College Park, GA. The seminar will address:? Current Federal Circuit cases on claim interpretation;? Creating more valuable patents and making them easier to defend;? Overall litigation strategies from plaintiff and defendant perspectives;? Evidentiary hearings;? The use of special masters;? Successful summary judgment motions;? Trying the case for appeal;? Effective discovery; and? Using demonstrative evidence to help win claim construction disputes...

Wyeth v. Levine (2009)

Posted on March 05, 2009

Senate Judiciary Committee Releases Witness List for Patent Reform Hearing

Posted on March 05, 2009

Patent Profile: Thrasos Therapeutics Announces Issuance of U.S. Patent No. 7,482,329

Posted on March 05, 2009

Senate and House Introduce New Patent Reform Legislation

Posted on March 03, 2009

Biotech/Pharma Docket

Posted on March 03, 2009

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