Patent Law

Biotech/Pharma Docket

Posted on August 27, 2010
By James DeGiulio -- Mirapex Case Ends, Mylan Found to Infringe Boehringer Patent On August 18, Boehringer's long-running case against Mylan over the drug Mirapex came to a close after Mylan was found to infringe Boehringer's patent and an injunction was issued prohibiting Mylan from producing generic pramipexole dihydrochloride...

Special Edition of Scientific American Offers Global Biotechnology Perspective

Posted on August 26, 2010
By Donald Zuhn -- Scientific American has released its second annual examination of the ways in which governments, scientists, industry players, and life science stakeholders are advancing biotechnology innovation around the globe. The special edition of the consumer science magazine, entitled "Worldview: A Global Biotechnology Perspective," explores biotech's most compelling trends and developments worldwide...

USPTO Continues to Expand Patent Prosecution Highway

Posted on August 25, 2010
By Donald Zuhn -- USPTO and ROSPATENT Begin Patent Prosecution Highway Pilot Program On Monday, the U.S. Patent and Trademark Office announced that it had agreed to partner with the Federal Service for Intellectual Property, Patents and Trademarks of the Russian Federation (ROSPATENT) in establishing a Patent Prosecution Highway (PPH) pilot program...

Court Report

Posted on August 24, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cephalon, Inc. et al. v. Apotex Corp. et al. 1:10-cv-22997; filed August 19, 2010 in the Southern District of Florida ? Plaintiffs: Cephalon Inc...

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National Law Journal Editorial Questions USPTO Three-Track Examination Proposal

Posted on August 24, 2010
By James DeGiulio -- Earlier this summer, U.S. Patent and Trademark Office Director David Kappos announced a proposal for a three-tiered patent prosecution regime that could be instituted in the Office (see "USPTO Director Announces New Examination Options")...

PhRMA Files Amicus Brief in Therasense Case

Posted on August 23, 2010
By Kevin E. Noonan -- Happy families are all alike; every unhappy family is unhappy in its own way. Leo Tolstoy, Anna Karenina, Chapter 1, first line The several amicus curiae briefs that have been filed in the en banc rehearing of Therasense, Inc. v...

AMP v. USPTO -- Briefing Schedule Update

Posted on August 23, 2010
By Donald Zuhn -- In June, Myriad Genetics and ten Directors of the University of Utah Research Foundation filed a Notice of Appeal in Association for Molecular Pathology v. U.S. Patent and Trademark Office, seeking review of the decision by Judge Robert W...

August 25-26, 2010 - FDA Boot Camp***

Posted on August 23, 2010
August 25-26, 2010 - FDA Boot Camp*** (American Conference Institute) - San Francisco, CA August 26, 2010 - "The Future of Patenting in Biomedicine" (Technology Transfer Tactics) - 1:00 - 2:30 PM (EDT) 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...

USPTO Announces Agenda for Next BCP Customer Partnership Meeting

Posted on August 21, 2010
The U.S. Patent and Trademark Office has announced the agenda for the next biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting to be held on September 8, 2010. The proposed agenda is as follows: Morning Session ? Greetings and Overview (10:00 - 10:15 am EDT): Jackie Stone, George Elliott, and Remy Yucel, Directors, Technology Center 1600 ? Patent Reengineering Team (10:15 - 11:45 am): Christian Chace, SPE, Art Unit 2187 and Marti Hearst, External Affairs ? Break (11:45 - 12:00 pm) ? Best Practice for PTE (12:00 pm - 12:45 pm): Mary Till, Office of Patent Legal Administration ? Lunch (12:45 ? 2:00...

PTO Files Amicus Brief in Therasense Case

Posted on August 20, 2010
By Kevin E. Noonan -- Many of the amicus curiae briefs that have been filed in the en banc rehearing of Therasense, Inc. v. Becton, Dickinson & Co. have mentioned (if not bemoaned) the negative effects the Federal Circuit's inequitable conduct jurisprudence on the functioning of the U...

Biotech/Pharma Docket

Posted on August 20, 2010
By James DeGiulio -- Lilly's Patent for Strattera Found Invalid, Lilly Appeals to Federal Circuit Teva Pharmaceuticals USA, Mylan Pharmaceuticals, and Apotex successfully argued that Eli Lilly's patent for the ADHD drug Strattera (U.S. Patent No. 5,658,590) lacked utility, thus invalidating the '590 patent and opening the door for generic versions of the drug...

IPO Comments on Proposed Changes to Restriction Practice

Posted on August 19, 2010
By Donald Zuhn -- In June, the U.S. Patent and Trademark Office published a notice in the Federal Register (75 Fed. Reg. 33584) seeking comments regarding a number of changes to current restriction practice that the Office is considering implementing (see "USPTO Requests Comments Regarding Proposed Changes to Restriction Practice")...

Chief Judge Rader's Views on Patentable Subject Matter - Part I

Posted on August 18, 2010
By Tim Peterson -- The Federal Circuit will soon be addressing the issue of patentable subject matter as it relates to biotechnology patents in a trilogy of cases: Prometheus Laboratories, Inc. v. Mayo Collaborative Services, Classen Immunotherapies, Inc...

Mexican Patent Office Excludes Formulation Patents from Linkage Gazette

Posted on August 18, 2010
By Alejandro Luna -- On Friday, August 13, 2010, the Mexican Trademark and Patent Office (IMPI) made available through its website the new edition of the Linkage Gazette (Mexican health and IP law regulations require IMPI to publish a gazette every six months listing patents in force that cover allopathic drugs)...

American Bar Association Files Amicus Brief in Therasense Case

Posted on August 17, 2010
By Kevin E. Noonan -- The American Bar Association (ABA) has filed a brief in the Therasense, Inc. v. Becton, Dickinson & Co. case, in support of neither party but arguing forcefully that the current state of the Federal Circuit's jurisprudence on inequitable conduct is in need of correction...

COFEMER and AMELAF Comment on Biotech Regulations in Mexico

Posted on August 17, 2010
By Juan Serrano -- Following up on the note for future regulations to approve biotechnological drugs in Mexico (see "Mexico to Issue Regulations for Approval of 'Biocomparable' Drugs"), documents with comments have been uploaded to the official website of the Federal Commission for Regulatory Improvement (COFEMER)...

Genzyme's Manufacturing Issues with Fabrazyme Prompt Patients to Petition HHS Secretary to Exercise Bayh-Dole "March-in" Rights

Posted on August 16, 2010
By James DeGiulio -- Genzyme's manufacturing problems with their $300,000 per year drug Fabrazyme have prompted patients who depend on the enzyme replacement drug to ask that Health and Human Services (HHS) Secretary Kathleen Sebelius exercise the government's "march-in rights" under the Bayh-Dole Act...

Court Report

Posted on August 16, 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. Actavis Group Hf et al. 1:10-cv-00675; filed August 11, 2010 in the District Court of Delaware ? Plaintiffs: Pfizer Inc...

Conference & CLE Calendar

Posted on August 16, 2010
August 16-17, 2010 - Advanced Patent Prosecution Workshop 2010: Claim Drafting & Amendment Writing (Practising Law Institute) - San Francisco, CA August 17, 2010 - "Bilksi: The Impact of the Final Decision on University TTOs" (Technology Transfer Tactics) - 1:00 - 2:30 PM (EDT) August 18-19, 2010 (Postponed to January 26-27, 2011) - The Life Sciences Lawyer's Guide to Patent Term Adjustment and Patent Term Extensions*** (American Conference Institute) - New York, NY August 25-26, 2010 - FDA Boot Camp*** (American Conference Institute) - San Francisco, CA August 26, 2010 - "The Future of Patenting in Biomedicine" (Technology Transfer Tactics)...

PLI Patent Litigation 2010

Posted on August 14, 2010
Practising Law Institute (PLI) will be holding five live sessions of its Patent Litigation 2010 seminar this fall in San Francisco (September 20-21), McLean, VA (October 4-5), Chicago (October 14-15), Atlanta (November 8-9), and New York (November 15-16)...

PLI Advanced Patent Licensing Seminar

Posted on August 14, 2010
Practising Law Institute (PLI) will be holding three live sessions of its Advanced Patent Licensing 2010: Current Developments and Best Practices seminar this fall in Chicago (September 30), San Francisco (October 25), and New York (November 8). In addition, Groupcasts will be held in Atlanta, Philadelphia, Pittsburgh, and Mechanicsburg, PA on November 8...

King Pharmaceuticals, Inc. v. Eon Labs, Inc. (Fed. Cir. 2010)

Posted on August 13, 2010
Inherent Anticipation and Inherent Obviousness? By Andrew Williams -- Last week, in King Pharmaceuticals, Inc. v. Eon Labs, Inc., the Federal Circuit affirmed a grant of summary judgment of invalidity of U.S. Patent Nos. 6,407,128 (the "'128 patent") and 6,683,102 (the "'102 patent"), although not necessarily for the same reasons articulated by the U...

Biotech/Pharma Docket

Posted on August 13, 2010
By James DeGiulio -- Cephalon and Mylan Pharmaceuticals Agree to Drop Two Patents from Nuvigil Patent Suit Cephalon Inc. and Mylan Pharmaceuticals Inc. have agreed to drop two of the three patents originally involved in their infringement suit over the narcolepsy drug Nuvigil...

USPTO Launches Facebook Page

Posted on August 13, 2010
By Sarah Fendrick -- The U.S. Patent and Trademark Office recently launched an official page on Facebook that will provide regular updates from the Office and provide a public forum for comments, feedback, and discussion pertaining to issues at the USPTO...

Uh-oh: It Looks Like Judge Dyk Has Been Drinking the ACLU's Kool-Aid®

Posted on August 12, 2010
By Kevin E. Noonan -- In the otherwise unremarkable case of Intervet Inc. v. Merial Ltd., the Federal Circuit reversed the District Court's claim construction on two terms and remanded for further consideration. What has made this case a little more remarkable is that Judge Dyk (at right) took the occasion to sua sponte raise the issue of patent-eligibility for isolated DNA molecules...

Adams Respiratory Therapeutics, Inc. v. Perrigo Co. (Fed. Cir. 2010)

Posted on August 12, 2010
By Donald Zuhn -- In Adams Respiratory Therapeutics, Inc. v. Perrigo Co., decided last Thursday, the Federal Circuit vacated and remanded a determination by the District Court for the Western District of Michigan that the guaifenesin product described in Defendants-Appellees' ("Perrigo") Abbreviated New Drug Application (ANDA) would not infringe the asserted claims of Plaintiffs-Appellants' ("Adams") U...

USPTO Expands Patent Application Backlog Reduction Stimulus Plan

Posted on August 12, 2010
By Sarah Fendrick -- Last fall, the U.S. Patent and Trademark Office implemented a procedure that allowed small entities to have an application accorded special status examination if the applicant expressly abandoned another co-pending unexamined application (see "USPTO Implements Patent Application Backlog Reduction Stimulus Plan")...

Intervet Inc. v. Merial Ltd. (Fed. Cir. 2010)

Posted on August 11, 2010
Claim Construction of DNA-reciting Claims By Kevin E. Noonan -- The Federal Circuit considered claims to isolated DNA sequences encoding portions of the genome of a porcine circovirus in Intervet Inc. v. Merial Ltd. last week, remanding the case to the District Court based on disagreements with the lower court's construction of three claim terms...

FCBA Submits Amicus Brief on Motion for Recusal in AMP v. USPTO

Posted on August 10, 2010
By Donald Zuhn -- Last week, the Federal Circuit Bar Association (FCBA) submitted an amicus curiae brief regarding the motion for recusal filed by Plaintiffs-Appellees in Association for Molecular Pathology v. United States Patent and Trademark. Plaintiffs-Appellees filed their motion on June 28, seeking to have Chief Judge Rader recuse himself from any involvement in the appeal (see "Appellees Move for Recusal of Chief Judge Rader in AMP v...

Therasense, Inc. v. Becton, Dickinson & Co. -- Briefing Schedule Update

Posted on August 09, 2010
By Donald Zuhn -- In April, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warranted en banc consideration, and asked the parties to brief ten questions concerning the issue of inequitable conduct (see "Federal Circuit Grants En Banc Review in Therasense v...

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