Patent Law

Court Report

Posted on December 14, 2008
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.Merial Ltd. v. Intervet, Inc.3:08-cv-00121; filed December 10, 2008 in the Middle District of GeorgiaMerial Ltd...

Conference & CLE Calendar

Posted on December 14, 2008
January 3-7, 2009 - 26th Annual National CLE Conference (Law Education Institute) - Vail, CO January 12-13, 2009 - Pharmaceutical and Biotech Patent Opinion Writing*** (American Conference Institute) - San Diego, CAJanuary 20-21, 2009 - Bio/Pharmaceutical Summit on Legal and Regulatory Product Lifecycle Strategies*** (Center for Business Intelligence) - Baltimore, MDJanuary 26-27, 2009 - Structuring and Negotiating Pharma & Biotech Collaborative Agreements (C5) - London, EnglandJanuary 27-28, 2009 - ITC Litigation (American Conference Institute)*** - Washington, DC January 28-29, 2009 - 6th National Conference on Pharma/Biotech IP Due Diligence (American Conference Institute) - New York, NYJanuary 29-30, 2009 - Commercialization...

USPTO News: Patent Office Reminds Patent Practitioners to Update Contact Information

Posted on December 13, 2008
By Donald Zuhn -- On Thursday, the U.S. Patent and Trademark Office issued a reminder notice to all registered patent attorneys and agents to update their contact information via the Office's new online registration system. Patent Docs first reported on the new online registration system last summer...

ACI Pharmaceutical and Biotech Patent Claim Drafting Conference

Posted on December 13, 2008
American Conference Institute (ACI) will be holding its Pharmaceutical and Biotech Patent Claim Drafting conference on February 23-24 in Palo Alto, California. The course will be repeated on March 9-10, 2009 in Research Triangle Park, North Carolina and on March 30-31, 2009 in New York...

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Personalized Medicine: A Patent Office Perspective

Posted on December 12, 2008
By Kevin E. Noonan -- On December 3rd, the biotechnology, chemical, and pharmaceuticals (BCP) technology groups at the U.S. Patent and Trademark Office held their most recent quarterly customer partnership meeting. During one of six presentations, Kathleen Bragdon, a Quality Assurance Specialist from Technology Center 1600, presented "A Look at Personalized Medicine...

USPTO News: Additional Application Types Eligible for Participation in PPH Between USPTO and EPO

Posted on December 12, 2008
By Christopher P. Singer -- In a memorandum dated December 10, 2008, the USPTO announced that, in response to comments from its customers, it has modified the requirements for requesting participation in the patent prosecution highway (PPH) pilot program...

USPTO News: Patent Office Announces Delay for New Appeals Rules

Posted on December 10, 2008
By Donald Zuhn --Yesterday, we reported on a Notice published by the U.S. Patent and Trademark Office in today's Federal Register announcing a delay in the effective date of the new rules relating to Practice before the Board of Patent Appeals and Interferences in Ex Parte Appeals (Appeals rules)...

Proponent of Gene Patent Ban to Leave Congress

Posted on December 10, 2008
By Kevin E. Noonan -- Roll Call, the Newspaper of Capitol Hill since 1955, announced today that Rep. Xavier Becerra (D-CA, 31st Dist.) "appears poised to accept a post as U.S. trade representative" in the Obama administration. We here at Patent Docs, and all reasoning members of the patent community, wish Rep...

USPTO News: Patent Office Announces Delay in Changes to Appeals Rules

Posted on December 09, 2008
By Christopher P. Singer -- In a Notice to be published in tomorrow's Federal Register, the U.S. Patent and Trademark Office announced that the new rules relating to Practice before the Board of Patent Appeals and Interferences in Ex Parte Appeals (Appeal rules) will not take effect on December 10, 2008, as originally scheduled...

Federal Circuit Hears Oral Argument on Tafas Appeal

Posted on December 09, 2008
By Donald Zuhn --Last Friday, the Federal Circuit heard oral argument in the Tafas v. Dudas appeal. Arguing on behalf of Defendants-Appellants Director Jon Dudas and the U.S. Patent and Trademark Office was USPTO General Counsel James Toupin. Plaintiffs-Appellees SmithKline Beecham Corp...

Europe Bans Stem Cell Patenting

Posted on December 09, 2008
By Kevin E. Noonan -- The Enlarged Board of the European Patent Office issued its decision denying a European patent on European Patent Application No. 96903521.1 (EP 0 770 125) to the Wisconsin Alumni Research Foundation (WARF), directed to human embryonic stem cells (hESCs)...

Court Report

Posted on December 08, 2008
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.Eli Lilly and Company v. Sun Pharmaceutical Industries Ltd. et al...

Conference & CLE Calendar

Posted on December 08, 2008
December 8-9, 2008 - Pharmaceutical and Biotech Patent Opinion Writing*** (American Conference Institute) - Atlanta, GAJanuary 3-7, 2009 - 26th Annual National CLE Conference (Law Education Institute) - Vail, CO January 12-13, 2009 - Pharmaceutical and Biotech Patent Opinion Writing*** (American Conference Institute) - San Diego, CAJanuary 20-21, 2009 - Bio/Pharmaceutical Summit on Legal and Regulatory Product Lifecycle Strategies*** (Center for Business Intelligence) - Baltimore, MDJanuary 26-27, 2009 - Structuring and Negotiating Pharma & Biotech Collaborative Agreements (C5) - London, EnglandJanuary 27-28, 2009 - ITC Litigation (American Conference Institute)*** - Washington, DC January 28-29, 2009 - 6th National Conference on...

LSI Best Practices in Patent Monetization Conference

Posted on December 06, 2008
Law Seminars International (LSI) will be holding its Fourth Annual Conference on Beast Practices in Patent Monetization conference on January 29-30, 2009 in San Francisco, CA. During the conference, LSI's faculty will offer presentations on the following topics:? How do you get useful patents?? Creating and implementing decision rules for patent portfolio mining and management (hold, sell, license or abandon?);? Challenges and uncertainties in patent law: Keeping on top of evolving standards for patentable subject matter and obviousness;? Strategies in the how and why of buying patents;? Designing a purchasing model to meet specific needs; ? Continue the exchange of...

C5 Pharma/Biotech Patent Litigation Conference

Posted on December 06, 2008
C5 (UK) will be holding its Pharma/Biotech Patent Litigation conference on February 17-18, 2009 in Amsterdam, Netherlands. At this conference, C5 faculty will offer presentations on the following topics:? Review of 2008 European case law developments;? Assessing the likely ramifications of the German olanzapine decision;? Inventive step post Angiotech: Has UK patent law returned to the European fold?? Where is obviousness in the U...

USPTO Implements New Program to Teach Examiners How to Read and Understand Case Law

Posted on December 05, 2008
By Donald Zuhn -- On Wednesday, the biotechnology, chemical, and pharmaceuticals (BCP) technology groups at the U.S. Patent and Trademark Office held their most recent quarterly customer partnership meeting. During the last of six presentations, Associate Solicitor Janet Gongola outlined a new training module that the Office has begun using to instruct examining corps about case law...

Mylan and Novartis Settle Femara® Litigation

Posted on December 05, 2008
By Mark Chael -- On December 2nd, Mylan, Inc. and Mylan Pharmaceuticals, Inc. announced that they had settled their dispute with Novartis Pharmaceuticals Corp., Novartis Corp., and Novartis International AG over a generic version of Novartis' Femara® tablets...

USPTO to Appeal Wyeth v. Dudas

Posted on December 03, 2008
By Donald Zuhn -- Last Friday, U.S. Patent and Trademark Office Director Jon Dudas filed a Notice of Appeal in the District Court for the District of Columbia appealing the Court's September 30th decision in Wyeth v. Dudas to the United States Court of Appeals for the District of Columbia Circuit...

Claim Construction at the Federal Circuit: A District Court Judge's View

Posted on December 03, 2008
Medegen MMS, Inc. v. ICU Medical, Inc. (Fed. Cir. 2008) By Kevin E. Noonan -- The Federal Circuit recently had the opportunity to appreciate firsthand the frustrations of district court judges with its review of claim construction under Markman v. Westview Instruments, Inc...

USPTO News: USPTO e-Commerce Update

Posted on December 03, 2008
By Christopher P. Singer -- The U.S. Patent and Trademark Office sent out an e-Commerce e-Alert on December 2, 2008 that included information regarding its recent announcements about the Priority Document Exchange (PDX) Program with the Korean Intellectual Property Office (KIPO); preventing Digital Certificates from expiring; and using the EFS-Web with Adobe 9...

More Patentees Follow Wyeth's Lead in Seeking Additional PTA

Posted on December 03, 2008
By Donald Zuhn --As we reported yesterday, on November 28th, Director Jon Dudas of the U.S. Patent and Trademark Office filed a Notice of Appeal in the District Court for the District of Columbia appealing the Court's decision in Wyeth v. Dudas to the United States Court of Appeals for the District of Columbia Circuit (see "USPTO to Appeal Wyeth v...

Impax and Medicis Settle Solodyn® Litigation

Posted on December 03, 2008
By Sherri Oslick --Earlier this week, Impax Laboratoriesm, Inc. and Medicis Pharmaceutical Corp. announced that they have entered a Joint Development Agreement and a Settlement and License Agreement that brings to an end their pending lawsuit over Impax's plans to manufacture a generic version of Medics' Solodyn® (minocycline hydrochloride extended release tablets, used to treat acne)...

European Commission Releases Preliminary Report on Competition in Pharmaceutical Sector

Posted on December 02, 2008
By Donald Zuhn -- Last Friday, the European Commission published a 426-page preliminary report regarding its competition inquiry into the European pharmaceutical sector. The Commission commenced the sector inquiry last January to examine why fewer new medicines were being brought to market in Europe and why generic entry seemed to be delayed in some cases (the report notes that while 40 new medicines were introduced annually between 1995 and 1999, only 27 were introduced annually between 2000 and 2007)...

Court Report

Posted on November 30, 2008
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.Eurand, Inc. et al. v. Mylan Pharmaceuticals, Inc. et al.1:08-cv-00210; filed November 26, 2008 in the Northern District of West VirginiaEurand, Inc...

Conference & CLE Calendar

Posted on November 30, 2008
December 1, 2008 - 19th Annual Conference on U.S. Patent and Trademark Office Law and Practice (PTO Day) (Intellectual Property Owners Association) - Washington, DCDecember 2, 2008 - Patent Interferences Rules & Practice (Intellectual Property Owners Association) - Washington, DCDecember 3, 2008 - Biotechnology, Chemical, and Pharmaceuticals (BCP) Customer Partnership Meeting (U...

USPTO News: Agenda for Next BCP Meeting

Posted on November 26, 2008
The biotechnology, chemical, and pharmaceuticals (BCP) technology groups at the U.S. Patent and Trademark Office will hold their next first quarterly customer partnership meeting of the year on December 3, 2008. The schedule of topics for discussion include (all times Eastern):Morning Session? Greetings and Overvie (9:00 - 9:15 AM): John LeGuyader, George Elliot, and Remy Yucel, Directors, Technology Center 1600? TC1600 Chemical Non-Statutory Double Patenting Examples (9:15 - 10:00 AM): Daniel Sullivan SPE, Art Unit 1621? Personalized Medicine (10:00 - 10:45 AM): Kathleen Bragdon, QAS, TC 1600? Break (10:45 - 11:00 AM)? Restriction Burden and Petition Data (11:00 AM -...

Pinkos Appointment Provokes Allegations

Posted on November 25, 2008
By Kevin E. Noonan -- Maybe Hal Wegner (at right) is surprised by the continuing shenanigans of the current Patent Office administration. Maybe he is genuinely offended by their many actions and appointments made with seemingly little or no heed of the legal requirements for holding positions of authority in the Office...

King Pharmaceuticals and Johnson & Johnson Announce Acquisitions

Posted on November 25, 2008
By Jason Derry -- King Pharmaceuticals, Inc. has announced that it will purchase Alpharma Inc. for about $1.6 billion in cash. King had been trying to convince Alpharma to accept an offer for the past couple of months (see "King Pharmaceuticals Extends Tender Offer to Acquire Alpharma")...

Medco Predicts Follow-on Biologics Regulatory Pathway by 2011

Posted on November 25, 2008
By Donald Zuhn -- Last Friday, Medco Health Solutions, Inc. added its name to the list of companies seeking a follow-on biologics (FOB) regulatory pathway (see Reuters report). The endorsement was not entirely surprising given Medco's vested interest -- the company, based in Franklin Lakes, NJ, is the nation's largest mail order pharmacy and a leading pharmacy benefit manager (PBM)...

Court Report

Posted on November 23, 2008
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.Abbott Laboratories et al. v. Teva Pharmaceuticals USA, Inc. et al...

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