Patent Law

BIO Files Amicus Brief in Therasense Case

Posted on August 09, 2010
By Kevin E. Noonan -- On August 2nd, the Biotechnology Industry Organization (BIO) filed an amicus curiae brief with the Federal Circuit in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of neither party ("BIO . ...

Court Report

Posted on August 09, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Lupin Atlantis Holdings S.A. v. Ranbaxy Laboratories Ltd. et al. 2:10-cv-03897; filed August 4, 2010 in the Eastern District of Pennsylvania ? Plaintiff: Lupin Atlantis Holdings S...

Conference & CLE Calendar

Posted on August 09, 2010
August 5-10, 2010 - 2010 ABA Annual Meeting (American Bar Association) - San Francisco, CA August 11, 2010 - "Bilski: Implications of the Supreme Court's Long-Awaited Ruling: Strategies for Prosecuting or Challenging Patent Process Claims Going Forward" (Strafford) - 1:00 - 2:30 PM (EDT) 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...

Pay-For-Delay Provision Added to Senate Appropriations Bill

Posted on August 06, 2010
By Donald Zuhn -- Last week, the Senate Appropriations Committee managed to accomplish something that the Senate as a whole could not: pass an appropriations bill containing a pay-for delay (or reverse payment) provision. Only one week earlier, the Senate had voted in favor of the House "2010 Supplemental Appropriations Act" (H...

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USPTO Acts Quickly to Comply with Court Order

Posted on August 06, 2010
By Kevin E. Noonan -- The U.S. Patent and Trademark Office has acted promptly to comply with Judge Claude Hilton's Order earlier this week that the Office accept The Medicines Company (MDCO) Patent Term Extension Request for U.S. Patent No. 5,196,404, by granting the patent an interim patent term extension...

Pharma and Software Companies File Joint Amicus Brief in Therasense Case

Posted on August 04, 2010
By Kevin E. Noonan -- Last Friday, sanofi-aventis and Microsoft joined in filing an amicus curiae brief with the Federal Circuit in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of appellants and urging the en banc Court to reverse the three-judge panel's affirmance of inequitable conduct against Abbott, was limited to one of the "questions" posed to the parties and amici by the Federal Circuit when granting en banc review: "[w]hether the specific intent element of the inequitable conduct doctrine is properly derived from the common law" (see "Federal Circuit Grants En Banc...

The Medicines Company Prevails in Patent Term Extension Dispute

Posted on August 04, 2010
By Kevin E. Noonan -- Yesterday, Judge Claude M. Hilton, District Court Judge for the Eastern District of Virginia, handed The Medicines Company (MDCO) a victory in its long-standing dispute with 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)...

IPO Files Amicus Brief in Therasense Case

Posted on August 03, 2010
By Kevin E. Noonan -- The Intellectual Property Owners Association (IPO) filed an amicus curiae brief last week in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of neither of the parties to the underlying lawsuit, clearly stated the IPO's position that Federal Circuit jurisprudence on inequitable conduct had strayed, both from the CAFC's earlier precedents and, more importantly, from controlling Supreme Court precedent, and urged the en banc Court to correct this trend...

Court Report

Posted on August 02, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cima Labs, Inc. et al. v. Mylan Pharmaceuticals Inc. 1:10-cv-00117; filed July 28, 2010 in the Northern District of West Virginia ? Plaintiffs: Cima Labs, Inc...

Conference & CLE Calendar

Posted on August 02, 2010
August 5, 2010 - "Patent Term Extension: The Next Chapter" (Intellectual Property Owners Association) - 2:00 PM (EDT) August 5-10, 2010 - 2010 ABA Annual Meeting (American Bar Association) - San Francisco, CA August 11, 2010 - "Bilski: Implications of the Supreme Court's Long-Awaited Ruling: Strategies for Prosecuting or Challenging Patent Process Claims Going Forward" (Strafford) - 1:00 - 2:30 PM (EDT) 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)...

Audioconference on the Future of Biomedical Patenting

Posted on July 31, 2010
Technology Transfer Tactics will be offering an audioconference entitled "The Future of Patenting in Biomedicine" on August 26, 2010 from 1:00 - 2:30 PM (EDT). Patent Docs author Dr. Kevin Noonan of McDonnell Boehnen Hulbert & Berghoff LLP and Professor Chris Holman of the University of Missouri-Kansas City School of Law will take an in-depth look at the effect of the Myriad case on gene patenting and genetic diagnostics and address strategies that universities and innovators can employ to ensure sufficient patent protection and maximize investment opportunities...

Patent Term Adjustment CLE

Posted on July 31, 2010
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Patent Term Extension: The Next Chapter" on Thursday, August 5, 2010 beginning at 2:00 PM (EDT). The IPO webinar will present a panel of experts -- including the patent prosecutor who first discovered a separate calculation error by the U...

Audioconference on the Impact of Bilski

Posted on July 31, 2010
Technology Transfer Tactics will be offering an audioconference entitled "Bilski: The Impact of the Final Decision on University TTOs" on August 17, 2010 from 1:00 - 2:30 PM (EDT). Charles Macedo of Amster, Rothstein and Ebenstein, LLP; Scott Alter of Faegre & Benson; and Dr...

Summit on Biosimilars and Follow-on Biologics

Posted on July 31, 2010
The Center for Business Intelligence (CBI) will be holding its 5th Summit on Biosimilars and Follow-on Biologics on October 18-19, 2010 in Washington, DC. At the Summit, CBI's faculty will offer presentations on the following topics: ? FDA's implementation of the biosimilar approval pathway -- What to anticipate and how to be prepared (keynote panel discussion); ? Analysis of exclusivities and pre-launch patent dispute mechanisms created by the PPACA; ? FTC address -- Follow-on biologics -- FTC perspective on market competition; ? Follow the money -- How capital will shape the challenges and opportunities for the U...

Sun Pharmaceutical Industries, Ltd. v. Eli Lilly & Co. (Fed. Cir. 2010)

Posted on July 30, 2010
By Andrew Williams -- On Wednesday, in Sun Pharm. Indus., Ltd. v. Eli Lilly & Co., the Federal Circuit affirmed a finding that claims of Lilly's U.S. Patent No. 5,464,826 ("the '826 patent) were invalid for obviousness-type double patenting over U...

Biotech/Pharma Docket

Posted on July 30, 2010
By James DeGiulio -- Medicis Pharmaceuticals Settles Solodyn Litigation with Mylan Medicis Pharmaceuticals Corporation has reached settlement and license agreements with Mylan, Inc., thus resolving the patent litigation over Solodyn. In 2009, Medicis brought suit against Mylan and several drug companies in the U...

Senate Removes Pay-For-Delay Provision from Appropriations Bill

Posted on July 30, 2010
By Donald Zuhn -- Earlier this month, the House of Representatives passed the "2010 Supplemental Appropriations Act" (H.R. 4899) after tacking an additional $22.8 billion onto the Senate version of the bill, which called for $45.5 billion in discretionary funding for FY 2010...

Abbott Files Brief in Therasense Case

Posted on July 29, 2010
By Kevin E. Noonan -- The idea of a "golden age," almost always some time in the past, is a recurrent theme in history, literature, and myth. It is also the unspoken theme in Abbott's principal brief filed earlier this week in Therasense Inc. v. Becton Dickinson & Co...

USPTO Celebrates One-Year Anniversary of e-Office Action

Posted on July 29, 2010
By Sydney Kokjohn -- Last week, the U.S. Patent and Trademark Office celebrated the one-year anniversary of its e-Office Action (e-OA) program. So far, the program has electronically notified patent applicants on more than 850,000 Office communications and reduced Patent Office paper usage by more than 9...

Argentine Patent Office Issues Regulation Restricting Divisional Filings

Posted on July 28, 2010
By Ignacio Sanchez Echagüe -- The Argentine Patent Office (Instituto Nacional de la Propiedad Industrial, INPI) has issued Regulation No. 147/2010, which restricts the ability of applicants to file divisional applications once substantive examination has begun...

Mexico to Issue Regulations for Approval of "Biocomparable" Drugs

Posted on July 28, 2010
By Juan Serrano -- The Mexican General Health Law was reformed on June 11, 2009 to include an article 222 bis, which defined biotechnological drugs, and allowed for the approval of "biocomparables." The decree came into force on September 8, 2009, and the Ministry of Health had a 180-day period to issue all specific regulations pertaining to the approval of these biocomparables...

USPTO Provides Clarification Regarding Treatment of PTA Letters

Posted on July 27, 2010
By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office published a notice in the Federal Register (75 Fed. Reg. 42079) to clarify how the Office will treat certain letters submitted by applicants and patentees regarding the Office's patent term adjustment (PTA) determinations...

Court Report

Posted on July 26, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Roche Palo Alto LLC et al. v. Lupin Pharmaceuticals, Inc. et al. 1:10-cv-01988; filed July 20, 2010 in the District Court of Maryland ? Plaintiffs: Roche Palo Alto LLC; Gilead Palo Alto, Inc...

Conference & CLE Calendar

Posted on July 26, 2010
July 26-27, 2010 - Advanced Patent Prosecution Workshop 2010: Claim Drafting & Amendment Writing (Practising Law Institute) - New York, NY July 29-31, 2010 - Intensive Patent Law Training Workshop (Chisum Patent Academy) - Seattle, WA August 5-10, 2010 - 2010 ABA Annual Meeting (American Bar Association) - San Francisco, CA August 11, 2010 - "Bilski: Implications of the Supreme Court's Long-Awaited Ruling: Strategies for Prosecuting or Challenging Patent Process Claims Going Forward" (Strafford) - 1:00 - 2:30 PM (EDT) August 16-17, 2010 - Advanced Patent Prosecution Workshop 2010: Claim Drafting & Amendment Writing (Practising Law Institute) - San Francisco,...

ACI Maximizing Pharmaceutical Patent Lifecycles Conference

Posted on July 24, 2010
American Conference Institute (ACI) will be holding its 11th Maximizing Pharmaceutical Patent Lifecycles conference on October 6-7, 2010 in New York, NY. The conference will allow attendees to: ? Understand how the introduction of biosimilars has profoundly altered pharmaceutical patent life cycle strategies; ? Appreciate the relationship between life cycle management, brand optimization and new product development; ? See how the Federal Circuit is paving the way for Patent Reform; ? Determine when and how secondary patents -- for both small and large molecules should be pursued; ? Comprehend how the clear delineation between written description and enablement is influencing...

ACI FDA Boot Camp

Posted on July 24, 2010
American Conference Institute (ACI) will be holding the next session of its FDA Boot Camp conference on September 27-28, 2010 in Boston, MA. ACI faculty will help attendees: ? Master the complexities of pharmaceutical iP and the regulatory balance between brand name and generic products; ? Analyze the future of follow-on biologics following recent health care reform legislation; ? Recognize the pivotal role of labeling in the drug and biologics approval process; ? Comprehend the structure of the FDA and the roles of the three major agency centers: CDER, CBER, and CDHR; ? Understand the basics of the approval processes...

Biotech/Pharma Docket

Posted on July 23, 2010
By James DeGiulio -- Teva and Novartis Settle Patent Dispute over Zometa Teva Pharmaceuticals Industries Ltd. and Novartis Corp. have reached an agreement to settle their patent suit over a generic version of Zometa, a drug used to prevent skeletal fractures...

NVCA Reports 34% Increase in Venture Funding for Second Quarter

Posted on July 23, 2010
By Donald Zuhn -- Last week, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the second quarter of 2010. The NVCA quarterly study, which the NVCA conducts with PriceWaterhouseCoopers using data from Thomson Reuters, indicates that venture capitalists invested $6...

USPTO to Streamline Review of Ex Parte Reexamination Appeal Briefs

Posted on July 22, 2010
By Sarah Fendrick -- The U.S. Patent and Trademark Office recently published a notice in the Federal Register (75 Fed. Reg. 29321) announcing that the Office will streamline procedures for the review of appeal briefs in ex parte reexamination proceeding appeals...

USPTO Seeks Comments Regarding 2010-2015 Strategic Plan

Posted on July 21, 2010
By Donald Zuhn -- In a notice published in the Federal Register earlier this month (75 Fed. Reg. 39493), the U.S. Patent and Trademark Office announced that its draft strategic plan for FY 2010?2015 has been made available for public review and comment...

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