Patent Law

Conference & CLE Calendar

Posted on November 23, 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, 3008 - Parallel Patent Reexamination and Litigation 2008: The Latest Developments and Their Impact (Practising Law Institute) - San Francisco, CA 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...

USPTO News: Patent Office Issues Appeals Rules Clarification

Posted on November 22, 2008
By Donald Zuhn -- Yesterday, the U.S. Patent and Trademark Office published a notice in the Federal Register (73 Fed. Reg. 70282) clarifying the new appeals rules scheduled to take effect on December 10, 2008. The Patent Office also posted a statement regarding the clarification on its website...

Former House Ways and Means Economist Claims 7-Year Data Exclusivity Period Is Sufficient

Posted on November 21, 2008
By Donald Zuhn -- On Tuesday, Alex Brill (at right), a principal at Matrix Global Advisors, LLC and former chief economist to the House Ways and Means Committee, released a white paper which asserts that a follow-on biologics regulatory pathway providing a data exclusivity period of seven years would be "sufficient for maintaining strong incentives to innovate while fostering a competitive marketplace...

Pfizer and Stem Cell Sciences Sign Services Agreement

Posted on November 21, 2008
By Jason Derry -- Stem Cell Sciences plc has announced an agreement with Pfizer Ltd., under which Stem Cell Sciences (SCS) will provide services that will support Pfizer's new regenerative medicine unit. The partnership provides Pfizer with access to SCS's research services, cell lines, media, and reagents...

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USPTO News: Annual Fee Announced for Registered Practitioners

Posted on November 20, 2008
By Christopher P. Singer -- In a Notice published in the Federal Register (73 Fed. Reg. 67750) on Monday, November 17, 2008, the U.S. Patent and Trademark Office announced a new rule that would institute an annual fee for all registered practitioners...

King Pharmaceuticals Extends Tender Offer to Acquire Alpharma

Posted on November 19, 2008
By Kwame Mensah --Last month, King Pharmaceuticals, Inc. announced that it is extending its previously announced tender offer for all outstanding shares of Class A Common Stock of Alpharma Inc. (representing a total equity value of approximately $1.6 billion and an enterprise value of approximately $1...

USPTO News: USPTO Announces "Highest Performance Levels in Agency?s History" in 2008

Posted on November 19, 2008
By Donald Zuhn -- The U.S. Patent and Trademark Office released its FY 2008 Performance and Accountability Report yesterday and announced that the Office had for the first time "met 100 percent of its Government Performance and Results Act (GPRA) goals...

USPTO News: New PCT Transmittal and Search Fees Effective in January

Posted on November 19, 2008
By Christopher P. Singer -- In a Notice published in the Federal Register (73 Fed. Reg. 47534) on Wednesday, November 12, 2008, the U.S. Patent and Trademark Office announced new fees for the transmittal and search for international applications filed under the Patent Cooperation Treaty (PCT)...

The Relevance of In re Bilski to the Patentability of the Metabolite Claim

Posted on November 18, 2008
By Kevin E. Noonan -- In the Bilski case, the Federal Circuit confirmed that the judges have learned the hard lessons of ten years of Supreme Court reversals. The decision is based solely and completely on what the judges seem to believe is the "test" mandated by Supreme Court precedent, based in large part on the Supreme Court's decision in Gottschalk v...

Court Report

Posted on November 16, 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.University of Kansas Center for Research, Inc. v. United States of America2:08-cv-02565; filed November 12, 2008 in the District Court of KansasCorrection of inventorship of U...

Conference & CLE Calendar

Posted on November 16, 2008
November 17-18, 2008 - Pharmaceutical and Biotech Patent Opinion Writing*** (American Conference Institute) - Boston, MA November 17-18, 2008 - Patent Litigation 2008 (Practising Law Institute) - New York, NY November 19-20, 2008 - Paragraph IV on Trial*** (American Conference Institute) - New York, NYDecember 1, 2008 - 19th Annual Conference on U...

PLI Seminar on Parallel Patent Reexamination and Litigation 2008

Posted on November 15, 2008
Practising Law Institute (PLI) will be holding a live seminar entitled "Parallel Patent Reexamination and Litigation 2008: The Latest Developments and Their Impact" on December 3, 2008 in San Francisco. The conference will offer presentations on the following topics:? Understanding Patent Reexamination Procedure and the Impact of the Process? Overview of the ex parte and inter partes patent reexamination process before the USPTO;? Strategies to consider when initiating a reexamination process in view of litigation; and? Recent statistics on patent reexaminations: What they may mean...

C5 Pharma & Biotech Collaborative Agreements Conference

Posted on November 15, 2008
C5 (UK) will be holding its Structuring and Negotiating Pharma & Biotech Collaborative Agreements conference on January 26-27, 2009 in London, England. The conference will allow attendees to:? Factor takeaways from recent deals and trends into collaborations;? Determine when to introduce M&A considerations into collaboration strategy;? Ensure that collaboration agreements meet competition law guidelines;? Negotiate critical IP terms to accelerate development and maximize profits;? Minimize collaboration risks through strategic partner selection and due diligence;? Select the most viable and profitable collaboration structures; and? Design profitable agreements with academic institutions...

Washington Legal Foundation "Conversations With" Series Examines IP Issues

Posted on November 14, 2008
By Donald Zuhn -- As part of its ongoing "Conversations With" series, the Washington Legal Foundation (WLF) recently made available its latest question-and-answer offering, which examines the ongoing evolution of intellectual property rights in the United States and internationally...

Icon Acquires Prevalere

Posted on November 14, 2008
By Jason Derry -- Icon plc has announced its acquisition of Prevalere Life Sciences Inc., a move that will expand Icon's bioanalytics and immunoassay business in the United States. Prevalere, identified in the announcement as a wholly owned subsidiary of ORS Labs Inc, is a New York-based contract research organization that provides consulting and testing services for biotechnology and pharmaceutical companies...

Two Patentees Follow Wyeth's Lead in Seeking Additional PTA

Posted on November 13, 2008

Outgoing Director Dudas Rearranges Upper PTO Management

Posted on November 13, 2008

In re Bilski: Additional Perspectives Provided by IP Colloquium

Posted on November 13, 2008
By Christopher P. Singer -- Professor Douglas Lichtman (at right) from the UCLA School of Law contacted Patent Docs to let us know about a free audio podcast regarding the recent Federal Circuit decision in In re Bilski, which is available for download at the Intellectual Property Colloquium...

New Administration Will Act Quickly to Jump-Start Stem Cell Research

Posted on November 12, 2008
By Donald Zuhn -- Last week, we reviewed prior Patent Docs reports discussing some aspects of President-elect Barack Obama's technology platform, including his positions on patent issues and follow-on biologics (see "A Second Look at President-elect Obama's Technology Platform")...

Patent Profile: Epitomics Announces Issuance of Patents for Anti-TNF Antibody and Cell Line for Producing Monoclonal Antibodies

Posted on November 11, 2008

Court Report

Posted on November 09, 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.Bayer Healthcare LLC v. Norbrook Laboratories Limited et al.2:08-cv-02556; filed November 6, 2008 in the District Court of KansasInfringement of U...

Conference & CLE Calendar

Posted on November 09, 2008
November 10-11, 2008 - Patent Litigation 2008 (Practising Law Institute) - Atlanta, GA November 11-13, 2008 - 4th Biosimilars conference (Visiongain) - Philadelphia, PA November 12-14, 2008 - Structuring, Negotiating and Managing Pharma/Biotech Collaborative Agreements (American Conference Institute) - New York, NY November 17-18, 2008 - Pharmaceutical and Biotech Patent Opinion Writing*** (American Conference Institute) - Boston, MA November 17-18, 2008 - Patent Litigation 2008 (Practising Law Institute) - New York, NY November 19-20, 2008 - Paragraph IV on Trial*** (American Conference Institute) - New York, NYDecember 1, 2008 - 19th Annual Conference on U...

LEI National CLE Conference (and Skiing!)

Posted on November 08, 2008
Law Education Institute, Inc. (LEI) will be holding the 26th Annual National CLE Conference on January 3-7, 2009 in Vail, Colorado. The Intellectual Property program of the conference, which will be held at the Vail Marriott Mountain Resort, will offer presentations on a number of topics, including:? In-house analysis -- Strategic considerations for filing a patent law suit;? Proving obviousness and non-obviousness in a post-KSR world;? Strategies for initiating patent infringement actions: Cease & desist letters, DJ actions, and preliminary injunctions;? Corporate counsel panel: Patent issues that keep corporate counsel awake at night;? Is there a disconnect between the Supreme...

Reaction to Historic Presidential Election

Posted on November 06, 2008
By Donald Zuhn -- Yesterday, as President-Elect Barack Obama addressed hundreds of thousands of Chicagoans in Grant Park and millions of viewers around the world, we took a look back at a number of prior Patent Docs reports that discussed some aspects of the President-Elect's technology platform, including his positions on patent issues and follow-on biologics (see "A Second Look at President-Elect Obama's Technology Platform")...

USPTO News: "Blueprint" Announced for Work Sharing Initiative Between Five IP Offices

Posted on November 06, 2008
By Christopher P. Singer --In an October 31, 2008 press release, the U.S. Patent and Trademark Office announced the development of a work sharing plan between five major intellectual property offices. The representatives of the five offices, including Dr...

A Second Look at President-Elect Obama's Technology Platform

Posted on November 05, 2008
By Donald Zuhn -- Like many Americans, we spent Tuesday evening watching the presidential election returns come in, and now that Senator Barack Obama has been elected the 44th president of the United States, we thought it would be a good idea to take a look back at some of our previous reports discussing some aspects of President-Elect Obama's technology platform...

In re Alonso (Fed. Cir. 2008)

Posted on November 04, 2008
By Kevin E. Noonan --In the excitement of the Federal Circuit's en banc decision in In re Bielski, handed down last Thursday, it could be understandable that another opinion from the Federal Circuit reviewing a Patent Office determination of unpatentability, In re Alonso, might go unnoticed...

USPTO News: IP Australia Now Competent ISA for PCT Applications Received by USPTO

Posted on November 03, 2008
By Sherri Oslick -- Applicants filing a PCT application with the U.S. Patent and Trademark Office as the Receiving Office now have another option for their selection of an International Search Authority (ISA) -- IP Australia, the Australian Patent Office...

Court Report

Posted on November 02, 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.AstraZeneca Pharmaceuticals LP et al. v. Handa Pharmaceuticals, LLC et al...

Conference & CLE Calendar

Posted on November 02, 2008
November 10-11, 2008 - Patent Litigation 2008 (Practising Law Institute) - Atlanta, GA November 11-13, 2008 - 4th Biosimilars conference (Visiongain) - Philadelphia, PA November 12-14, 2008 - Structuring, Negotiating and Managing Pharma/Biotech Collaborative Agreements (American Conference Institute) - New York, NY November 17-18, 2008 - Pharmaceutical and Biotech Patent Opinion Writing*** (American Conference Institute) - Boston, MA November 17-18, 2008 - Patent Litigation 2008 (Practising Law Institute) - New York, NY November 19-20, 2008 - Paragraph IV on Trial*** (American Conference Institute) - New York, NYDecember 1, 2008 - 19th Annual Conference on U...

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