Patent Law

Several EU Members Push for Unified Patent System

Posted on December 31, 2010
By James DeGiulio -- Earlier this year, we reported that the European Union was on the verge of adopting a new patent system that would create a unified patent and patent court (see "Europe Takes Step Closer to Single EU Patent and Patent Court"). However, the 30-year push to unify the European Union patent system will continue, as ministers from the EU's 27 member states could not reach the unanimous approval needed to enact the system at a November meeting in Brussels...

Legislation to Enhance Patent Case Expertise Among District Judges Awaits President's Signature

Posted on December 30, 2010
By Donald Zuhn -- On Tuesday, the House of Representatives sent H.R. 628, which would establish a pilot program in certain U.S. district courts to encourage enhancement of expertise in patent cases among district judges, to the President for his signature...

Patent Eligibility and In re Grams

Posted on December 29, 2010
By Kevin E. Noonan -- In its recent decision in Prometheus Laboratories, Inc. v. Mayo Collaborative Services, the Federal Circuit cited and distinguished its earlier decision in In re Grams, 888 F.2d 835 (Fed. Cir. 1989). A review of the Grams case proves informative, both in understanding the Federal Circuit's reasoning and in better outlining the contours of what form of method claim may be patent-eligible under Supreme Court precedent...

Court Report

Posted on December 28, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Salk Institute for Biological Studies v. Ferring Pharmaceuticals, Inc et al. 3:10-cv-02649; filed December 22, 2010 in the Southern District of California ? Plaintiff: Salk Institute for Biological Studies ? Defendants: Ferring Pharmaceuticals, Inc; Ferring Research Institute, Inc; Ferring International Center S...

To access this complete feed in the blog feed reader login or register for free.

Sanofi-Aventis v. Sandoz, Inc. (Fed. Cir. 2010)

Posted on December 27, 2010
By Donald Zuhn -- Last week, in Sanofi-Aventis v. Sandoz, Inc., the Federal Circuit vacated the entry of a consent judgment and an injunction by the District Court for the District of New Jersey, which enjoined Defendants-Appellants Sun Pharmaceutical Industries, Ltd...

Happy Holidays from Patent Docs

Posted on December 25, 2010
The authors and contributors of Patent Docs wish their readers and families a Happy Holidays. Publication of Patent Docs will resume on December 26th.

Biotech/Pharma Docket

Posted on December 24, 2010
By James DeGiulio -- Roche Dodges Cobalt Invalidity Contention in Boniva Patent Suit In a decision handed down earlier this week, the U.S. District Court for the District of New Jersey rejected Cobalt Pharmaceuticals' attempt to invalidate Roche's patent covering Boniva for incorrect inventorship...

BIO Sends Letter to DOJ on "Clear and Convincing Evidence" Question Raised in Microsoft v. i4i

Posted on December 23, 2010
By Kevin E. Noonan -- The Biotechnology Industry Organization (BIO) sent a letter today to Attorney General Eric H. Holder, Jr. and Acting Solicitor General Neal K. Kaytal regarding the Supreme Court's request for the government's views on the questions presented by petitioners in Microsoft v...

USPTO News Briefs

Posted on December 22, 2010
By Donald Zuhn -- USPTO Implements New Peer Review Pilot Program In a notice published earlier this month, the U.S. Patent and Trademark Office announced the launch of a new one-year pilot program intended to test the scalability of its peer review program, in which the public can submit documents and comments that might be useful in the examination of participating applications...

Prometheus Laboratories, Inc. v. Mayo Collaborative Services (Fed. Cir. 2010)

Posted on December 21, 2010
By Kevin E. Noonan -- On Friday, the Federal Circuit continued its explication of the metes and bounds of patent-eligible subject matter after the Supreme Court's Bilski v. Kappos decision by revisiting (and reconsidering) its decision in Prometheus Laboratories, Inc...

Canada's Data Protection Regime Upheld

Posted on December 21, 2010
By Catherine Lemay -- Canada's Data Protection regime was upheld by the Federal Court of Appeal on December 9, 2010 (see Apotex Inc. v. Canada (Health), 2010 FCA 334). In a unanimous decision penned by Justice Nadon, the Court found the regime was a proper delegation by the Canadian Parliament to the Governor in Council and intra vires pursuant to subsection 30(3) of the Food and Drugs Act...

Court Report

Posted on December 20, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Medicis Pharmaceutical Corp. v. Nycomed US Inc. 1:10-cv-01099; filed December 15, 2010 in the District Court of Delaware Infringement of U...

Conference & CLE Calendar

Posted on December 20, 2010
January 1-5, 2011 - 28th Annual National CLE Conference (Law Education Institute, Inc.) - Vail, CO January 5, 2011 - Patent Infringement Claims, Opinions of Counsel and Attorney-Client Privilege (Technology Transfer Tactics and Strafford) - 1:00 - 2:30 PM (EST) January 12, 2011 - New USPTO Guidelines and the Obviousness Standard for Patents (Strafford) - 1:00 - 2:30 PM (EST) January 25, 2011 - Understanding Obviousness in a Post-KSR World: Practical Applications for Compliance with the Recent USPTO Guidelines (Technology Transfer Tactics) - 1:00 - 2:30 PM (EST) January 26-27, 2011 - The Life Sciences Lawyer's Guide to Patent Term...

ACI Life Sciences Collaborative Agreements and Acquisitions Conference

Posted on December 18, 2010
American Conference Institute (ACI) will be holding its 14th Advanced Forum on Structuring, Negotiating, and Managing Life SCiences Collaborative Agreements and Acquisitions from February 16-17, 2011 in New York, NY. The conference will allow attendees to: ? Incorporate the right takeaways from recent deals into optimal business development strategies; ? Negotiate agreements that provide entry into key emerging markets; ? Anticipate when a partnership might lead to a full M&A and incorporate appropriate terms; ? Avoid traps that can undermine collaborative efforts and lead to alliance failures; ? Evaluate viable compensation structures; ? Minimize risks through more effective partner selection...

Webinar on Obviousness in a Post-KSR World

Posted on December 18, 2010
Technology Transfer Tactics will be offering a webinar entitled "Understanding Obviousness in a Post-KSR World: Practical Applications for Compliance with the Recent USPTO Guidelines" on January 25, 2011 from 1:00 - 2:30 PM (EST). Charles R. Macedo of Amster, Rothstein and Ebenstein, LLP will break down the obviousness standard -- including the many developments after the initial KSR ruling -- and discuss how to best prepare patent applications to defend against validity concerns and challenges, including the following issues: ? Steps that patent applicants can take to stand up to obviousness rejections; ? Responding to attacks on validity; ? Best...

Webinar on Opinion of Counsel Letters

Posted on December 18, 2010
Technology Transfer Tactics and Strafford will be offering a webinar/ teleconference entitled "Patent Infringement Claims, Opinions of Counsel and Attorney-Client Privilege" on January 5, 2011 from 1:00 - 2:30 PM (EST). Thomas J. Scott, Jr. of Goodwin Procter; Michael Simons of Akin Gump Strauss Hauer & Feld LLP; and Madeline F...

AMP v. USPTO -- Briefing Update II

Posted on December 17, 2010
By Donald Zuhn -- Last week marked the deadline for the submission of amicus curiae briefs in support of Plaintiffs-Appellees or in support of neither party in the Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") case (briefs in support of Defendants-Appellants were due on October 29)...

Biotech/Pharma Docket

Posted on December 17, 2010
By James DeGiulio -- Former Professor Fails to Dismiss St. John's Patent Research Suit Sanford Bolton, a former professor at St. John's University, and graduate student Spiridon Spireas have failed to dismiss a fraud and breach of contract suit by St...

Amicus Briefs in AMP v. USPTO: Alynylam Pharmaceuticals, Inc.

Posted on December 16, 2010
By Donald Zuhn -- In an amicus brief filed on October 28 in the Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") case, Alnylam Pharmaceuticals, Inc. supports reversal of the District Court's decision and asks the Federal Circuit "to provide clear guidance on patent-eligibility to remove the unnecessary cloud cast by the decision below...

The Relevance of Patent Exhaustion in the Myriad Genetics Case

Posted on December 15, 2010
By Kevin E. Noonan -- One of the arguments advanced by the plaintiffs in Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") is that a pernicious effect of permitting patents on genes and genetic diagnostic methods is that women cannot obtain a "second opinion" of the results of genetic tests showing mutations in BRCA1 or BRCA2 genes...

AMP v. USPTO -- Briefing Update

Posted on December 15, 2010
By Donald Zuhn -- On October 22, Defendants-Appellants Myriad Genetics, Inc. and ten Directors of the University of Utah Research Foundation filed their brief in Association of Molecular Pathology v. U.S. Patent and Trademark Office (see "Myriad Files Appeal Brief in AMP v...

Court Report - Part III

Posted on December 15, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Anticancer, Inc. v. Cellsight Technologies, Inc. et al. 3:10-cv-02515; filed December 8, 2010 in the Southern District of California ? Plaintiff: Anticancer, Inc...

USPTO Implements Pilot Program Extending Provisional Application Period

Posted on December 14, 2010
By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office announced that it will be implementing an Extended Missing Parts Pilot Program that "will effectively provide a 12-month extension to the existing 12-month provisional application period, providing applicants additional time to find financial help, evaluate a product's worth in the marketplace or further develop the invention for commercialization...

Court Report - Part II

Posted on December 14, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Bayer CropScience AG v. Dow Agrosciences LLC 1:10-cv-01045; filed December 3, 2010 in the District Court of Delaware Infringement of U...

Amicus Briefs in AMP v. USPTO: University of New Hampshire School of Law

Posted on December 13, 2010
By James DeGiulio -- In another amicus brief filed in late October in the Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") case, Prof. J. Jeffrey Hawley and Prof. Ann McCrackin, writing on behalf of amicus University of New Hampshire School of Law, criticize Judge Sweet's District Court decision substantively and procedurally...

Court Report

Posted on December 13, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Shire LLC, Supernus Pharmaceuticals, Inc. et al. v. Impax Laboratories, Inc. et al. 3:10-cv-05467; filed December 2, 2010 in the Northern District of California ? Plaintiffs: Shire LLC; Supernus Pharmaceuticals, Inc...

Conference & CLE Calendar

Posted on December 13, 2010
December 16, 2010 - "The Role of Intellectual Property in Development" (World Bank Legal Vice Presidency) - Washington, DC January 1-5, 2011 - 28th Annual National CLE Conference (Law Education Institute, Inc.) - Vail, CO January 12, 2011 - "New USPTO Guidelines and the Obviousness Standard for Patents" (Strafford) - 1:00 - 2:30 PM (EST) January 26-27, 2011 - The Life Sciences Lawyer's Guide to Patent Term Adjustment and Patent Term Extensions*** (American Conference Institute) - New York, NY ***Patent Docs is a media partner of this conference or CLE

Webinar on Obviousness Guidelines

Posted on December 11, 2010
Strafford will be offering a webinar entitled "New USPTO Guidelines and the Obviousness Standard for Patents" on January 12, 2011, from 1:00 - 2:30 PM (EST). Karen Canaan of CanaanLaw will provide a review of the USPTO's new post-KSR guidelines and how the courts and the USPTO are applying the obviousness standard, and will discuss best practices for avoiding obviousness rejections and defending patent validity...

LEI National CLE Conference

Posted on December 11, 2010
Law Education Institute, Inc. (LEI) will be holding the 28th Annual National CLE Conference on January 1-5, 2011 in Vail, Colorado. The Intellectual Property program of the conference, which will be held at the Vail Marriott Resort & Spa, will offer presentations on a number of topics, including: ? The state of inequitable conduct; ? Continued importance and use of opinions of counsel post-Seagate and Broadcom; ? Strategic use of the joint infringement defense; ? Legal research made easy with WestlawNext; ? Legal ethics can be fun: Lawyers on TV and in the movies; ? Unglamorous but deadly -- Invalidity...

Happy Thanksgiving from Patent Docs

Posted on November 25, 2010
The authors and contributors of Patent Docs wish their readers and families a Happy Thanksgiving. Publication of Patent Docs will resume on November 28th.

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.