Patent Law

One Quarter of Public Biotech Companies Shut Doors Since 4Q 2007

Posted on October 12, 2010
By Donald Zuhn -- At last week's BIO Investor Forum, the Biotechnology Industry Organization (BIO) announced that the number of publicly traded biotech companies dropped from 394 in the fourth quarter of 2007 to only 294 by the second quarter of 2010...

Court Report

Posted on October 11, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Pfizer Inc. et al. v. Lupin Ltd. et al. 1:10-cv-00853; filed October 6, 2010 in the District Court of Delaware ? Plaintiffs: Pfizer Inc...

Conference & CLE Calendar

Posted on October 11, 2010
October 14-15, 2010 - Patent Litigation 2010 (Practising Law Institute) - Chicago, IL October 18-20, 2010 - Intellectual Property Counsels Committee (IPCC) Fall Conference & Meeting (Biotechnology Industry Organization) - Boston, MA October 18-19, 2010 - 5th Summit on Biosimilars and Follow-on Biologics*** (Center for Business Intelligence) - Washington, DC October 18-19, 2010 - Congress on Paragraph IV Disputes*** (Center for Business Intelligence) - Alexandria, VA October 21-23, 2010 - AIPLA 2010 Annual Meeting (American Intellectual Property Law Association) - Washington, DC October 25, 2010 - Advanced Patent Licensing 2010: Current Developments and Best Practices (Practising Law Institute) - San...

Biotech/Pharma Docket

Posted on October 08, 2010
By James DeGiulio -- Roche Boniva Patent Dispute with Apotex, Cobalt Goes to Jury Cross-motions for summary judgment by Roche and defendants Apotex and Cobalt were denied in Roche's infringement suit regarding generic versions of Boniva. The case will now go before a jury to resolve questions of fact...

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University Start-ups and Licensing Activity Held Steady During Recession

Posted on October 08, 2010
By Donald Zuhn -- On Monday, the Association of University Technology Managers (AUTM) announced the results of a survey showing that university start-ups and licensing activity remaining strong even at the height of the country's worst economic crisis since the Great Depression...

IPO Submits Commentary on USPTO Bilski Interim Guidance

Posted on October 07, 2010
By James DeGiulio -- On July 27, 2010, the U.S. Patent and Trademark Office published Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos in the Federal Register, which provided examiner guidelines for process claim eligibility in light of the Supreme Court's Bilski decision...

USPTO Expands and Extends Patent Prosecution Highway

Posted on October 06, 2010
By Donald Zuhn -- Last month, the U.S. Patent and Trademark Office announced that Patent Prosecution Highway (PPH) pilot programs had been established with the Spanish Patent and Trademark Office (SPTO), the Austrian Patent Office (APO), and the Russian Federal Service for Intellectual Property, Patents and Trademarks (ROSPATENT)...

Guidelines for Biosimilar Antibodies in Europe Due in November

Posted on October 05, 2010
By James DeGiulio -- As the Food and Drug Administration begins gathering information on how to implement the new biosimilar approval pathway of the Biologics Price Competition and Innovation Act (see "FDA Planning to Hold Public Hearings on Biosimilar Approval Pathway"), the European Medicines Agency (EMA) announced that it has finalized its requirements for biosimilar antibodies, and that these requirements will be made public in November...

Nobel Prize in Physiology and Medicine Awarded to Robert G. Edwards

Posted on October 05, 2010
By Kevin E. Noonan -- The Karolinska Institute announced today that the Nobel Prize in Physiology and Medicine was awarded to Robert G. Edwards for his work in developing in vitro fertilization (IVF) in humans. The Institute's press release announcing the prize noted that this work began in the 1950's, finally reaching success on July 25, 1978 when the first human child was born as a result of his methods...

Court Report

Posted on October 04, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Hospira, Inc. v. Eli Lilly & Co. 1:10-cv-06275; filed September 30, 2010 in the Northern District of Illinois Declaratory judgment of non-infringement of U...

Conference & CLE Calendar

Posted on October 04, 2010
October 4, 2010 - Technology Transfer Symposium (Biotechnology Industry Organization) - San Francisco, CA October 4-5, 2010 - Patent Litigation 2010 (Practising Law Institute) - McLean, VA October 5-7, 2010 - 7th Annual Biosimilars Conference (Visiongain) - London, UK October 6, 2010 - "How Are iPSCs Changing the Stem Cell Patent Landscape?" (Sunlight Research) - 12:00 - 12:50 PM (EST) October 6-7, 2010 - Maximizing Pharmaceutical Patent Lifecycles*** (American Conference Institute) - New York, NY October 6-7, 2010 - Forum on Biotech Patenting (C5) - London, England October 14-15, 2010 - Patent Litigation 2010 (Practising Law Institute) - Chicago, IL...

Biotech Patents Conference

Posted on October 02, 2010
American Conference Institute (ACI) will be holding its 12th Advanced Forum on Biotech Patents on November 30 to December 1, 2010 in Boston, MA. The conference will allow attendees to: ? Adopt a practical approach to incorporate follow-on biologics into your current patent portfolio and brace for the flood of litigation anticipated in the wake of the new legislation; ? Implement strategies to draft and protect diagnostic claims in the wake of Bilski and its progeny; ? Analyze the potential ramifications of Myriad and build fallback positions to protect your claims in light of the attack on the patentability of...

Webinar on Stem Cell Patent Landscape

Posted on October 02, 2010
Sunlight Research will be offering a webinar entitled "How Are iPSCs Changing the Stem Cell Patent Landscape?" on October 6, 2010 from 12:00 - 12:50 PM (EST). Dr. Robin Chadwick of Schwegman, Lundberg & Woessner, P.A. will provide insight into the induced pluripotent stem cell (iPSC) patent activities of leading stem cell business and research institutions, illuminating potential commercialization obstacles and co-development opportunities...

BIO Technology Transfer Symposium

Posted on October 02, 2010
The Biotechnology Industry Organization (BIO) will be holding a Technology Transfer Symposium from 2:00 to 7:00 pm on October 4, 2010 in San Francisco, CA. The Symposium will offer presentations on the following topics: ? Overview of Coulter Translational Research Partnership Initiative ? How to Ensure Innovative Lab Discoveries Get into the Commercial Process: A Multi-Player Process (panel discussion) ? Creating Successful Collaborations: More than One Way to Get Married (panel discussion) An agenda for the Symposium, including a list of speakers, moderators, and panelists can be obtained here...

BIO Weighs in with Amicus Brief in Sun Pharmaceuticals v. Eli Lilly

Posted on October 01, 2010
By Kevin E. Noonan -- The Biotechnology Industry Organization (BIO) has joined the chorus of amici urging the Federal Circuit to rehear en banc (and overturn) a panel decision affirming an invalidity finding of Eli Lilly's U.S. Patent No. 6,464,826. The panel affirmed the District Court's determination that the claims of the '826 patent were invalid over the claims of Lilly's U...

Biotech/Pharma Docket

Posted on October 01, 2010
By James DeGiulio -- Genzyme Dismisses One Inequitable Conduct Count in Hectorol Suit Genzyme has won the dismissal of one of the three inequitable conduct counts raised by Cobrek Pharmaceuticals in a patent infringement suit between the two companies over the kidney disease treatment Hectorol...

FDA Planning to Hold Public Hearings on Biosimilar Approval Pathway

Posted on September 30, 2010
By Donald Zuhn -- Last week, the congressional daily The Hill reported on a draft notice from the Food and Drug Administration (FDA) that was being circulated among healthcare lobbyists on Capitol Hill. The notice, which the agency has yet to publish in the Federal Register, concerns public hearings and a request for comments on the approval pathway for biosimilar biological products that was created last March when President Obama signed the Patient Protection and Affordable Care Act (PPACA) into law...

WIPO Report Shows Signs of Recovery Following Economic Crisis

Posted on September 29, 2010
By Donald Zuhn -- Earlier this month, the World Intellectual Property Organization (WIPO) released a report on intellectual property trends in 2008 and 2009 showing that innovative activity and demand for IP rights dipped during the global economic crisis, but began to recover this year...

WIPO Launches New Online Global IP Resource

Posted on September 28, 2010
By Donald Zuhn -- Last week, the World Intellectual Property Organization (WIPO) announced the launch of WIPO Lex, a new online global IP resource providing up-to-date information on national IP laws and treaties. WIPO noted that the new site satisfied one of the Organization's strategic goals, namely to serve as a world reference source for IP information and analysis...

Court Report

Posted on September 27, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Biovail Laboratories International SRL v. Par Pharmaceutical Companies, Inc. et al. 1:10-cv-07310; filed September 22, 2010 in the Southern District of New York ? Plaintiff: Biovail Laboratories International SRL ? Defendants: Par Pharmaceutical Companies, Inc...

Conference & CLE Calendar

Posted on September 27, 2010
September 27-28, 2010 - FDA Boot Camp*** (American Conference Institute) - Boston, MA September 27-28, 2010 - 6th Annual Burrill Personalized Medicine Meeting (Burrill & Company) - San Francisco, CA September 30, 2010 - Advanced Patent Licensing 2010: Current Developments and Best Practices (Practising Law Institute) - Chicago, IL October 1, 2010 - Patent Law Symposium 2010 (Intellectual Property Law Association of Chicago) - Chicago, IL October 4-5, 2010 - Patent Litigation 2010 (Practising Law Institute) - McLean, VA October 5-7, 2010 - 7th Annual Biosimilars Conference (Visiongain) - London, UK October 6-7, 2010 - Maximizing Pharmaceutical Patent Lifecycles*** (American...

BIO IPCC Fall Conference

Posted on September 25, 2010
The Biotechnology Industry Organization (BIO) will be holding its Intellectual Property Counsels Committee (IPCC) Fall Conference & Meeting on October 18-20, 2010 in Boston, MA. The semi-annual IPCC conference will once again be open to the public...

AIPLA Annual Meeting

Posted on September 25, 2010
The American Intellectual Property Law Association (AIPLA) will be holding its 2010 annual meeting on October 21-23, 2010 in Washington, DC. Among the sessions being offered during the annual meeting are: ? KSR and the ripple effect: Examining the broad and increasing impact of KSR on patent litigation and practice -- including presentations on: ? Two stones, one bird: Should patentee plaintiffs use reexamination to validate patents granted prior to KSR? ? Chemically complicated: Effective arguments to combat "obvious to try" ? Rejections with respect to Takeda and the chemical arts; ? Adjusting the rearview mirror: Blocking "impermissible hindsight" when...

Washington Legal Foundation Files Amicus Brief in Sun Pharmaceutical Industries, Ltd. v. Eli Lilly & Co.

Posted on September 24, 2010
By Kevin E. Noonan -- The Washington Legal Foundation (WLF), a self-styled "non-profit public interest law and policy center that regularly appears before federal and state courts to promote economic liberty, free enterprise, and a limited and accountable government," filed an amicus curiae brief on September 8th, urging the Federal Circuit to rehear en banc Eli Lilly's appeal of the Court's affirmance of an invalidity finding of U...

Biotech/Pharma Docket

Posted on September 24, 2010
By James DeGiulio -- Sham Litigation Claims against Par and Paddock Continue in AndroGel Litigation Par Pharmaceutical and Paddock Laboratories received clarification that their agreements with Solvay not to release competing versions of the testosterone supplement AndroGel are still subject to sham litigation claims brought by direct purchasers...

USPTO Looking for Ways to Incentivize Humanitarian Technologies

Posted on September 23, 2010
By Donald Zuhn -- On Monday, the U.S. Patent and Trademark Office announced via a press release and a notice in the Federal Register (75 Fed. Reg. 57261) that it is seeking comments regarding a proposal for incentivizing the creation and wider distribution of humanitarian technologies...

Follow-on Biologics News Briefs - No. 13

Posted on September 22, 2010
By Donald Zuhn -- Biosimilar Approval Pathway: Who Will Be First? Since President Obama signed the Patient Protection and Affordable Care Act into law in March, thereby establishing an approval pathway for biosimilar biological products, interested obsevers have been wondering whether the regulatory pathway would be utilized, and if so, who might be the first to step up to the plate...

IPO Announces Support for Patent Reform Act of 2010

Posted on September 21, 2010
By James DeGiulio -- As the Patent Reform Act of 2010 makes its way through the Senate, various groups continue to make their positions known on provisions contained within the legislation. (For a detailed summary of the bill, see "Senate Leadership Unveils Details of Patent Reform Agreement...

Court Report

Posted on September 20, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cancer Research Technology Ltd. et al. v. Sun Pharma Global FZE et al. 3:10-cv-04745; filed September 15, 2010 in the District Court of New Jersey ? Plaintiffs: Cancer Research Technology Ltd...

Conference & CLE Calendar

Posted on September 20, 2010
September 20, 2010 - Patentable Subject Matter: 35 USC § 101 (George Washington University Law School Intellectual Property Law Program) - Washington, DC September 20-21, 2010 - Patent Litigation 2010 (Practising Law Institute) - San Francisco, CA September 20-22, 2010 - 2nd Annual Business of Biosimilars (Institute for International Research) - Boston, MA September 22-23, 2010 - Biosimilars & Biobetters: Aligning Business & Science for Success*** (SMi Conferences) - London, UK September 27-28, 2010 - FDA Boot Camp*** (American Conference Institute) - Boston, MA September 27-28, 2010 - 6th Annual Burrill Personalized Medicine Meeting (Burrill & Company) - San Francisco,...

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