Patent Law

Burrill Personalized Medicine Meeting

Posted on September 18, 2010
Burrill & Company will be holding its 6th Annual Burrill Personalized Medicine Meeting on September 27-28, 2010 in San Francisco, CA. The meeting will offer presentations on the following topics: ? Personalized medicine industry update; ? Company presentation: XDx; ? Company presentation: Navia Systems; ? Panel: Has "healthcare reform" accelerated or decelerated the move to a more personalized medicine world? ? 'Conversations with Experts' Luncheon; ? Keynote Presentation: "Where is Science taking us?" ? The Translational Challenge: Building the Scientific Infrastructure for Personalized Medicine; ? Panel: Discussion on consumer digital health ...

Biosimilars Conference

Posted on September 18, 2010
Visiongain will be holding its 7th Annual Biosimilars Conference on October 5-7, 2010 in London, UK. The conference will allow attendees to: ? Gain insights of the competitive landscape in biosimilars: U.S., EU, and emerging markets; ? Evaluate biobetters and differentiated biosimilars as practical alternatives to biosimilars for regulated markets; ? Implement successful commercial models for biobetters and follow-on biological medicines; ? Review the global pricing and reimbursement models in the biosimilars and generics market; ? Learn the impact on biosimilars product patenting; ? Leverage licensing opportunities for biosimilars; ? Validate biomarkers and comparative immunogenicity as surrogate endpoints; and ?...

The Medicines Company Clearing Last Hurdles to Patent Term Extension for Angiomax®

Posted on September 17, 2010
By Kevin E. Noonan -- Last week, Judge Claude M. Hilton, District Court Judge for the Eastern District of Virginia, denied APP Pharmaceuticals request to intervene in The Medicines Company's lawsuit against the U.S. Patent and Trademark Office over the timeliness vel non of its Patent Term Extension Request for its patent on the blockbuster drug Angiomax® (bivalirudin)...

Biotech/Pharma Docket

Posted on September 17, 2010
By James DeGiulio -- Sandoz, Momenta Fail to Invalidate Teva Patents in Copaxone Suit Teva Pharmaceutical Industries received a favorable ruling in its Copaxone patent infringement suit against Sandoz and Momenta Pharmaceuticals after their motion for summary judgment seeking to invalidate Teva's patents over the drug was denied...

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USPTO Implements Patent Examiner Technical Training Program

Posted on September 17, 2010
By Donald Zuhn -- On Wednesday, U.S. Patent and Trademark Office Director David Kappos announced that the USPTO was instituting a Patent Examiner Technical Training Program (PETTP) that would formalize the process by which the Office seeks public assistance in providing technical training to patent examiners...

Senators Seek Vote on Patent Reform Bill

Posted on September 16, 2010
By Donald Zuhn -- With fall fast approaching, it appears that patent reform legislation has returned from a lengthy summer vacation and once again is a topic of conversation, at least in the Senate. In the latest effort to secure passage of the Senate patent reform bill (S...

Prometheus Labs. v. Mayo Collaborative Services -- Briefing Schedule

Posted on September 15, 2010
By Donald Zuhn -- On June 29, one day after issuing its decision in Bilski v. Kappos, the Supreme Court granted certiorari, vacated the Federal Circuit's decision below, and remanded to the appellate court two cases concerning medical diagnostic claims: Prometheus Laboratories, Inc...

Daiichi Sankyo Co. v. Matrix Laboratories, Ltd. (Fed. Cir. 2010)

Posted on September 14, 2010
By Donald Zuhn -- In Daiichi Sankyo Co. v. Matrix Laboratories, Ltd., decided last Thursday, the Federal Circuit affirmed a determination by the District Court for the District of New Jersey that Matrix Laboratories, Ltd., Mylan Inc., Mylan Laboratories, Inc...

Court Report

Posted on September 13, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Abbott Laboratories et al. v. Teva Pharmaceutical Industries Ltd. et al. 1:10-cv-00766; filed September 8, 2010 in the District Court of Delaware ? Plaintiffs: Abbott Laboratories; Abbott Respiratory LLC ? Defendants: Teva Pharmaceutical Industries Ltd...

Conference & CLE Calendar

Posted on September 13, 2010
September 12-14, 2010 - 2010 Annual Meeting (Intellectual Property Owners Association) - Atlanta, GA September 15, 2010 - Prior Art & Obviousness 2010: Current Trends in Sections 102 & 103 (Practising Law Institute) - San Francisco, CA September 16, 2010 - Developments in Pharmaceutical and Biotech Patent Law 2010 (Practising Law Institute) - New York, NY (Groupcasts to be held in Philadelphia, PA; Pittsburgh, PA; Mechanicsburg, PA; New Brunswick, NJ; and Boston, MA) September 20, 2010 - Patentable Subject Matter: 35 USC § 101 (George Washington University Law School Intellectual Property Law Program) - Washington, DC September 20-21, 2010 -...

European Pharmaceutical Regulatory Law Boot Camp

Posted on September 11, 2010
American Conference Institute (ACI) will be holding its European Pharmaceutical Regulatory Law Boot Camp from November 15-15, 2010 in New York. The conference will allow attendees to: ? Master the essentials of the different modes of the European drug approval process, including Centralized Procedure through the European Medicines Agency (EMA); ? Understand the role of the EMA within the EU and its juxtaposition with other European pharmaceutical regulatory bodies, including MHRA, BfArM/PEI, and affsapps; ? Comprehend the EU Patent/Regulatory interface and the complexities surrounding data exclusivities and generic approvals; ? Learn how the EU?s approval of biosimilars may influence the...

Biotech/Pharma Docket

Posted on September 10, 2010
By James DeGiulio -- Eisai's Motion to Dismiss Granted in Aricept Suit with Apotex Apotex's Abbreviated New Drug Application (ANDA) to market a generic version of Aricept remains unapproved following the dismissal of the generic drug company's declaratory judgment suit seeking invalidity or noninfringement of Eisai's patent on the drug...

USPTO Updates Obviousness Examination Guidelines

Posted on September 09, 2010
By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office issued an update to its obviousness guidelines, publishing a notice in the Federal Register (75 Fed. Reg. 53644) that highlights case law developments on obviousness since the Supreme Court's 2007 decision in KSR Int'l Co...

Second Circuit Denies En Banc Reconsideration in Cipro® Case

Posted on September 09, 2010
In re Ciprofloxacin Antitrust Litigation By Kevin E. Noonan -- The Second Circuit today denied plaintiffs' petition for rehearing en banc of its decision that the "reverse payment" agreement between Bayer and Barr over ciprofloxacin hydrochloride (Cipro®) was not anticompetitive under the antitrust laws...

Goeddel v. Sugano (Fed. Cir. 2010)

Posted on September 08, 2010
By Kevin E. Noonan -- Today the Federal Circuit reversed a priority determination in an interference over claims to human beta-interferon, in an opinion teeming with irony, déjà vu, anachronism, and the peculiar effects on outcome caused by the form of interference counts...

Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2010)

Posted on September 07, 2010
By Kevin E. Noonan -- The old proverb "success has many fathers, while failure is an orphan" comes to mind when considering the Federal Circuit's decision in Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc. In the Court's decision, repeated failures, even by Lilly scientists in developing its osteoporosis drug Evista® (raloxifene hydrochloride), were sufficient to defeat Teva's counterclaim that patent claims related to methods of use were obvious...

Court Report

Posted on September 06, 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. Mylan Inc. et al. 1:10-cv-06463; filed August 20, 2010 in the Southern District of New York ? Plaintiffs: Pfizer Inc...

Conference & CLE Calendar

Posted on September 06, 2010
September 7-9, 2010 - BioPatent Design (Pharma IQ) - Munich, Germany September 8, 2010 - Biotechnology/Chemical/Pharmaceutical (BCP) Customer Partnership Meeting - 10:00 am - 4:15 pm September 12-14, 2010 - 2010 Annual Meeting (Intellectual Property Owners Association) - Atlanta, GA September 15, 2010 - Prior Art & Obviousness 2010: Current Trends in Sections 102 & 103 (Practising Law Institute) - San Francisco, CA September 16, 2010 - Developments in Pharmaceutical and Biotech Patent Law 2010 (Practising Law Institute) - New York, NY (Groupcasts to be held in Philadelphia, PA; Pittsburgh, PA; Mechanicsburg, PA; New Brunswick, NJ; and Boston, MA) September...

IPLAC Patent Law Symposium 2010

Posted on September 04, 2010
The Intellectual Property Law Association of Chicago will be holding its Patent Law Symposium 2010 from 8:45 am to 5:00 pm on October 1, 2010 at the Union League Club of Chicago. The Symposium will offer presentations on the following topics: ? Life Under the N...

GW Seminar on Patentable Subject Matter

Posted on September 04, 2010
The George Washington University Law School Intellectual Property Law Program will be holding a seminar on "Patentable Subject Matter: 35 USC § 101" from 9:30 am to 12:45 pm (EDT) on September 20, 2010 at The George Washington University Law School, 716 20th Street NW in Washington, DC...

Biotech/Pharma Docket

Posted on September 03, 2010
By James DeGiulio -- Sepracor Settles with Wockhardt in Lunesta Patent Suit Sepracor has reached a consent agreement with Wockhardt, thus settling its infringement suit over the sleep drug Lunesta. In March 2009, Sepracor brought suit in the U.S. District Court for the District of New Jersey against several generic companies who intended to make generic versions of the sleep drug Lunesta (see "Court Report," March 29, 2009)...

Federal Circuit Grants Injunction Pending Disposition of Lilly v. Actavis Elizabeth

Posted on September 02, 2010
By Donald Zuhn -- The U.S. Court of Appeals for the Federal Circuit issued an Order today in Eli Lilly & Co. v. Actavis Elizabeth LLC, granting Lilly's request for an injunction to prevent Defendants-Appellees from launching generic versions of Lilly's ADHD drug Strattera® until Lilly's appeal has been resolved...

IPO Comments on USPTO Three-Track Examination Proposal

Posted on September 01, 2010
By James DeGiulio -- On June 4, in an effort to address the application backlog and its alleged negative impact on innovation, the U.S. Patent and Trademark Office issued a notice concerning an Enhanced Examination Timing Control Initiative (75 Fed. Reg...

USPTO Announces Change to Interview Procedures

Posted on September 01, 2010
By Donald Zuhn -- Last month, the U.S. Patent and Trademark Office announced a change in the way registered practitioners can show authorization to participate in an examiner interview. Under the old procedure, practitioners were required to file a power of attorney or authorization to act in a representative capacity in order to participate in an interview...

The Financial Times' Take on Gene Patenting

Posted on August 31, 2010
By Kevin E. Noonan -- The staid Financial Times (London) has an article today on the gene patenting debate, and while there are things to criticize in it, the article (perhaps predictably) takes a carefully measured, dispassionate (and welcome) tone ("Who steals the gene from off the common"; free registration required)...

Federal Circuit Continues Temporary Injunction in Lilly v. Actavis Elizabeth

Posted on August 31, 2010
By Donald Zuhn -- On Thursday, the U.S. Court of Appeals for the Federal Circuit issued an Order in Eli Lilly & Co. v. Actavis Elizabeth LLC, continuing a temporary injunction that had been granted by the District Court for the District of New Jersey one week earlier...

Court Report

Posted on August 30, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company v. Sandoz, Inc. 1:10-cv-01057; filed August 23, 2010 in the Southern District of Indiana Infringement of U.S. Patent No...

Conference & CLE Calendar

Posted on August 30, 2010
September 1-2, 2010 - 7th Annual Pharmaceutical Law Summer School (IBC Legal) - London, UK September 7-9, 2010 - BioPatent Design (Pharma IQ) - Munich, Germany September 8, 2010 - Biotechnology/Chemical/Pharmaceutical (BCP) Customer Partnership Meeting - 10:00 am - 4:15 pm September 12-14, 2010 - 2010 Annual Meeting (Intellectual Property Owners Association) - Atlanta, GA September 15, 2010 - Prior Art & Obviousness 2010: Current Trends in Sections 102 & 103 (Practising Law Institute) - San Francisco, CA September 16, 2010 - Developments in Pharmaceutical and Biotech Patent Law 2010 (Practising Law Institute) - New York, NY (Groupcasts to be...

CBI Congress on Paragraph IV Disputes

Posted on August 28, 2010
The Center for Business Intelligence (CBI) will be holding its 3rd Annual Life Sciences Congress on Paragraph IV Disputes concerning Emerging Regulatory and Pre-Litigation Strategies for Prosecuting and Defending PIV Suits on October 18-19, 2010 in Alexandria, VA...

C5 Biotech Patenting Conference

Posted on August 28, 2010
C5 (UK) will be holding its 19th Forum on Biotech Patenting on October 6-7, 2010 in London, England. Regulators, biotech practitioners, and experienced in-house counsel will provide information on: ? The latest strategies for adapting one's patent practice to the EPO rule changes; ? The EPO examiner's perspective on patenting biotechnological inventions; ? Satisfying the requirements for industrial applicability following HGS v...

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