Patent Law

Appellees Move for Recusal of Chief Judge Rader in AMP v. USPTO Appeal

Posted on July 20, 2010
By Donald Zuhn -- In a motion filed on June 28, Plaintiffs-Appellees in the Association for Molecular Pathology v. United States Patent and Trademark case have moved for Chief Judge Randall R. Rader to recuse himself from any involvement in the appeal...

Facts, Perhaps the Antidote to the Anti-gene Patenting Plague

Posted on July 19, 2010
By Kevin E. Noonan -- It is apparent that the facts are often at risk or ignored by opponents of gene patenting. Indeed, the various forms of fact-twisting or outright falsehood ("corporations own your genes") suggests that it isn't facts that are at issue but opinions, and how the public's opinion on gene patenting is to be best manipulated to oppose the practice...

Conference & CLE Calendar

Posted on July 19, 2010
July 19-20, 2010 - Hatch-Waxman Boot Camp*** (American Conference Institute) - Boston, MA July 21, 2010 - "Bilski v. Kappos: When Is a 'Process' Patentable?" (American Bar Association & ABA Section of Intellectual Property Law) - 12:30 - 2:00 PM (EDT) July 22, 2010 - "Protect Your Patents from Inequitable Conduct Charges" (Technology Transfer Tactics) - 1:00 - 2:30 PM (EDT) 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...

Webinar on Bilski v. Kappos

Posted on July 17, 2010
Strafford will be offering a webinar entitled "Bilski: Implications of the Supreme Court's Long-Awaited Ruling: Strategies for Prosecuting or Challenging Patent Process Claims Going Forward" on August 11, 2010, 2010 from 1:00 - 2:30 PM (EDT). Erika H...

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Webcast on Bilski v. Kappos

Posted on July 17, 2010
The American Bar Association (ABA) Center for Continuing Legal Education and ABA Section of Intellectual Property Law will be offering a teleconference and live audio webcast entitled "Bilski vs. Kappos: When Is a 'Process' Patentable?" on July 21, 2010, 2010 from 12:30 - 2:00 PM (EST)...

BioPatent Design Conference

Posted on July 17, 2010
Pharma IQ will be holding its BioPatent Design conference on September 7-9, 2010 in Munich, Germany. The conference will allow attendees to: ? Gain first time patent approval by implementing global patent office best practices, with representation from the EPO, IPO, DMPA, and USPTO; ? Withstand incoming patent attacks by analyzing global patenting strategies to build robust patents; ? Maximize patent revenue by incorporating lessons learned from best practice lifecycle management strategies; and ? Implement best practice strategies for specific patent types, including diabetes, gene patents, and antibodies...

Biotech/Pharma Docket

Posted on July 16, 2010
By James DeGiulio -- Unigene Secures Ruling of Infringement against Apotex in Fortical Patent Suit Unigene successfully reinstated an earlier 2009 opinion that its two patents for Fortical nasal spray were valid and infringed by Apotex, despite the defendant's argument that affirmative defenses and counterclaims were not addressed in the original order...

USPTO Issues Memo to Examiners on Bilski Decision

Posted on July 16, 2010
By Sydney Kokjohn -- On June 28, 2010, the Acting Commissioner For Patent Examination Policy, Robert W. Bahr, issued a memo to USPTO examiners regarding the Supreme Court's recent Bilski v. Kappos decision. Commissioner Bahr summarized the decision, noting that the Court: (1) confirmed that 35 U...

USPTO to Work with Google to Make Patent Data Available to the Public

Posted on July 16, 2010
By Sydney Kokjohn -- In a press release issued June 2, 2010, Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office David Kappos announced that the USPTO would work with Google to make bulk electronic patent and trademark data available to the public at no cost...

Huffington Post Provides Latest Anti-gene Patenting Soapbox

Posted on July 15, 2010
By Kevin E. Noonan -- The Internet over the past decade has given rise to a wide variety of "alternative media" outlets, including for example Slate, The Drudge Report, The Huffington Post, and arguably blogs like this one. Even conventional news outlets like The New York Times, The Washington Post, and The Wall Street Journal have exclusively on-line content...

Journal Examines Effects of Patent Reform on Medical Innovation

Posted on July 15, 2010
By Donald Zuhn -- The journal Medical Innovation & Business has devoted its summer issue, which was released last month, to an examination of the effects of patent reform on medical innovation. The periodical has assembled a group of recognizable and respected members of the patent community to tackle various aspects of the topic...

The Phoenix That Is S. 515

Posted on July 14, 2010
By Kevin E. Noonan -- "Politics," according to Otto von Bismarck, "is the art of the possible." And thus it is possible that a patent reform bill will, against all odds, be passed by this session of Congress. But that is only if Senator Patrick Leahy (D-VT) (at right) is successful in sneaking the bill into the Small Business Loan Funding bill (H...

EU Commission Unveils Latest Patent Reform Proposal

Posted on July 14, 2010
By James DeGiulio -- Earlier this year, we reported that the European Competitiveness Council unanimously adopted a legislative package designed to create a single EU Patent and EU Patent court (see "Europe Takes Step Closer to Single EU Patent and Patent Court")...

Novartis Challenges USPTO's Interim Procedure for Requesting PTA Recalculations

Posted on July 13, 2010
By Donald Zuhn -- Last week, Novartis AG and Novartis Vaccines and Diagnostics, Inc. filed a complaint against U.S. Patent and Trademark Office Director David Kappos, seeking review of the Office's patent term adjustment (PTA) determinations for eleven Novartis patents (see "Court Report," July 11, 2010)...

Court Report

Posted on July 12, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Shire Development Inc. et al. v. Cadila Healthcare Ltd. et al. 1:10-cv-00581; filed July 7, 2010 in the District Court of Delaware ? Plaintiffs: Shire Development Inc...

USPTO Seeks Comments Regarding Applicant Surveys

Posted on July 12, 2010
By Sarah Fendrick -- Last month, the U.S. Patent and Trademark Office published a notice in the Federal Register (75 Fed. Reg. 30773) indicating that it is seeking comments on the collection of information through the use of applicant surveys. The USPTO collects information from the applicant community through surveys to forecast the number of application filings the Office can expect to receive over the next three years...

Conference & CLE Calendar

Posted on July 12, 2010
July 19-20, 2010 - Hatch-Waxman Boot Camp*** (American Conference Institute) - Boston, MA July 22, 2010 - "Protect Your Patents from Inequitable Conduct Charges" (Technology Transfer Tactics) - 1:00 - 2:30 PM (EDT) 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 16-17, 2010 - Advanced Patent Prosecution Workshop 2010: Claim Drafting & Amendment Writing (Practising Law...

Business of Biosimilars Conference

Posted on July 10, 2010
The Institute for International Research (IIR) will be holding its 2nd Annual Business of Biosimilars conference from September 20-22, 2010 in Boston, MA. The conference will allow attendees to: ? Navigate worldwide regulatory and legislative issues; ? Build strategic partnerships with emerging markets; ? Adopt effective IP and patent protection strategies for biosimilars; ? Evaluate scientific implications of biosimilars to ensure safety, quality, and efficacy; ? Manage risk and make investment decisions to ensure ROI; ? Obtain branding strategies to differentiate a product on the market; ? Negotiate pricing and reimbursement strategies with government and payers; ? Profit from practical...

Biotech/Pharma Docket

Posted on July 09, 2010
By James DeGiulio -- Sanofi, Abbott Successfully Request Sanctions against Glenmark in Tarka Dispute Sanofi and Abbott were successful in their request for sanctions against Glenmark in their patent suit over Tarka, after it was found that Glenmark destroyed evidence relevant to the impending litigation...

European Gene Patent Scope Limited by Landmark EU Court Ruling

Posted on July 09, 2010
By Devanand Crease -- The much anticipated ruling in Monsanto Technology v Cefetra (Case C-428/08) has now issued and confirms the earlier indications that within the European Union (EU) patent protection for gene sequences only extends to material in which the patented gene is actually performing its function...

House Slips Pay-For-Delay Provision into Appropriations Bill

Posted on July 08, 2010
By Donald Zuhn -- Ordinarily, the passage of a supplemental appropriations bill would likely go unnoticed by those in the pharmaceutical industry. Last week, however, the House of Representatives passed the "2010 Supplemental Appropriations Act" (H.R...

AMP v. USPTO after Bilski v. Kappos

Posted on July 07, 2010
By Kevin E. Noonan -- 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 related to medical diagnostic claims: Prometheus Laboratories, Inc...

Court Report

Posted on July 06, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Genzyme Corp. v. Impax Laboratories, Inc. 1:10-cv-01791; filed July 1, 2010 in the District Court of Maryland Genzyme Corp. v. Sandoz, Inc...

Conference & CLE Calendar

Posted on July 06, 2010
July 7, 2010 - Prior Art & Obviousness 2010: Current Trends in Sections 102 & 103 (Practising Law Institute) - New York, NY July 7-9, 2010 - Fundamentals of Patent Prosecution 2010: A Boot Camp for Claim Drafting & Amendment Writing (Practising Law Institute) - San Francisco, CA July 8, 2010 - Bilski Decision (Intellectual Property Owners Association) - 2:00 PM (EDT) July 19-20, 2010 - Hatch-Waxman Boot Camp*** (American Conference Institute) - Boston, MA July 22, 2010 - "Protect Your Patents from Inequitable Conduct Charges" (Technology Transfer Tactics) - 1:00 - 2:30 PM (EDT) July 26-27, 2010 - Advanced...

IPO 2010 Annual Meeting

Posted on July 05, 2010
The Intellectual Property Owners Association (IPO) will be holding its 2010 Annual Meeting on September 12-14, 2010 in Atlanta, GA. Among the presentations being offered at the annual meeting are: ? Major recent updates impacting patent law: Changes in the landscape; ? False marking of patent numbers: Litigation spike or continuing issue? ? The sum of all fears: Compulsory licensing as an emerging global IP issue; ? Recent trends in European practice; ? A new patent dance: The Biologics Price Competition and Innovation Act; ? Patent prosecution; ? Alternatives to District Court litigation; ? Establishing an objective value of IP;...

PLI Developments in Pharmaceutical and Biotech Patent Law Seminar

Posted on July 05, 2010
Practising Law Institute (PLI) will be holding a seminar entitled "Developments in Pharmaceutical and Biotech Patent Law 2010" on September 16, 2010 in New York, NY. Groupcasts of the New York session will also be held in Philadelphia, PA; Pittsburgh, PA; Mechanicsburg, PA; New Brunswick, NJ; and Boston, MA...

Pharmaceutical Law Summer School

Posted on July 05, 2010
IBC Legal will be holding its 7th Annual Pharmaceutical Law Summer School on September 1-2, 2010 in London. IBC faculty will offer presentations on the following topics: ? Deal-making in the pharmaceutical industry -- The state of the market; ? Critical developments in patenting pharmaceuticals and medical devices; ? Combating counterfeit products and parallel trade; ? Regulatory round-up: A pan-European perspective; ? Paediatric & orphan medicines regulations; ? The U...

Biosimilars & Biobetters Conference

Posted on July 03, 2010
SMi Conferences will be holding its inaugural "Biosimilars & Biobetters: Aligning Business & Science for Success" conference on September 22-23, 2010 in London. SMi faculty will discuss the latest developments in legislation, regulation, technology, and emerging commercial strategies in the highly competitive biosimilar market, including the following topics: ? Worldwide regulatory updates; ? The developing U...

Bilski CLE

Posted on July 03, 2010
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar on the "Bilski Decision" on Thursday, July 8, 2010 beginning at 2:00 PM (EDT). The IPO webinar will present a panel of experts -- including a lawyer for the inventors in Bilski, the author of an amicus brief in the case, and an experienced and "neutral-on-the-issue" IP litigator -- that will discuss what the Bilski v...

Bilski v. Kappos: What Effects on Biotechnology Patents?

Posted on July 02, 2010
By Kevin E. Noonan -- Although long-anticipated, the Supreme Court's opinion in Bilski v. Kappos did not provide much in terms of "pellucid" teachings regarding the metes and bounds of patent-eligible subject matter. Against this backdrop, the Court decided on Tuesday to grant certiorari, vacate the Federal Circuit's decision below, and remand to the appellate court two cases related to medical diagnostic claims: Prometheus Laboratories, Inc...

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