Patent Law

Biotech/Pharma Docket

Posted on June 11, 2010
By James DeGiulio -- Endo Settles with Impax and Sandoz in Opana Patent Suits Endo Pharmaceuticals Inc. has settled patent infringement suits against Sandoz Inc. and Impax Laboratories Inc. over generic versions of painkiller Opana ER. The agreement allows Impax to begin selling a version of the drug on January 1, 2013, and allows Sandoz to enter the market on September 15, 2012...

CAFC Sets Date for Oral Argument En Banc in Inequitable Conduct Appeal

Posted on June 10, 2010
By Donald Zuhn -- Last week, the Court of Appeals for the Federal Circuit issued an order setting a date for oral argument en banc in Therasense, Inc. v. Becton, Dickinson & Co. The order indicates that oral argument will take place on November 9, 2010 at 10:00 am in courtroom 201...

AMP v. USPTO: What Everyone Else Is Saying - Part II

Posted on June 09, 2010
By Donald Zuhn -- In March, the District Court for the Southern District of New York found the claims of several of Myriad Genetics patents (directed to the BRCA1 and BRCA2 genes) invalid, ruling in favor of the plaintiffs in Association of Molecular Pathology v...

Australian Senate to Release Gene Patenting Findings Next Week

Posted on June 09, 2010
By Damian Slizys -- Following the discussion in Patent Docs of the Australian Senate's gene patent inquiry last December (see "Gene Patenting: Australian Potpourri"), we now expect the findings of the Senate enquiry to be set down on 17 June 2010, following two extensions of time...

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Purdue Pharma Products L.P. v. Par Pharmaceutical, Inc. (Fed. Cir. 2010)

Posted on June 08, 2010
Further Adventures in Obviousness and Inequitable Conduct By Kevin E. Noonan -- In Purdue Pharma Products L.P. v. Par Pharmaceutical, Inc., the Federal Circuit exercised its prerogative to illustrate its fractured jurisprudence on two issues, obviousness and inequitable conduct, in a (fortunately) nonprecedential decision...

Venter Denies Synthetic Cell Discovery Is Artificial Life, Vatican Agrees

Posted on June 07, 2010
By James DeGiulio -- Last week, we reported that a research team led by Dr. Craig Venter had developed a "synthetic cell" controlled by purely synthetic DNA (see "Dr. Craig Venter Creates First Cell Controlled Entirely by Synthetic DNA") Dr. Venter and co-author Dr...

Court Report

Posted on June 07, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Shire LLC et al. v. Anchen Pharmaceuticals Inc. et al. 1:10-cv-00484; filed June 2, 2010 in the District Court of Delaware ? Plaintiffs: Shire LLC; Supernus Pharmaceuticals Inc...

Conference & CLE Calendar

Posted on June 07, 2010
June 10, 2010 - "Patents and the Written Description Requirement: Meeting Section 112 Disclosure Obligations After Ariad v. Lilly" (Strafford) - 1:00 - 2:30 PM (EST) June 11, 2010 - "The Future of U.S. Patent Law: An In-Depth Discussion on the Congress, the Courts, and the USPTO" (Patent Resources Group) - Alexandria, VA June 15, 2010 - Patent Reform 2010: What Shape Will It Finally Take? (Analysis Group, Georgetown University's Center for Business and Public Policy, and McKool Smith) - Washington, DC June 16-18, 2010 - Fundamentals of Patent Prosecution 2010: A Boot Camp for Claim Drafting & Amendment Writing...

ACI Patent Term Adjustment and Patent Term Extension Conference

Posted on June 05, 2010
American Conference Institute (ACI) will be holding a conference entitled "The Life Sciences Lawyer's Guide to Patent Term Adjustment and Patent Term Extensions" on August 18-19, 2010 in New York, NY. ACI faculty will help attendees: ? Understand the unique role of PTE and PTA in patent life cycle management for the life sciences industry; ? Master the essentials of PTA from questions of eligibility and calculation to the application process to procedures for redress; ? Decipher the mysteries of A, B and C-delays; ? Learn to solve the A and B-delay overlap dilemma and B-delay National Stage queries vis-à-vis...

USPTO Director Announces New Examination Options

Posted on June 04, 2010
By Kevin E. Noonan -- Undersecretary of Commerce and U.S. Patent and Trademark Office Director David Kappos today announced a three tiered patent prosecution regime, termed "Three Track" to be instituted in the Office. The scheme will be implemented as rulemaking pursuant to 35 U...

Biotech/Pharma Docket

Posted on June 04, 2010
By James DeGiulio -- Celgene, Barr Resolve Patent Dispute over Generic Thalomid Celgene Corp. and Barr Laboratories Inc. have resolved their patent dispute over the multiple myeloma cancer drug Thalomid, with Celgene agreeing to drop its patent infringement claims and Barr dropping its invalidity and antitrust claims...

Biotech/Pharma Issuances on the Rise

Posted on June 03, 2010
By Donald Zuhn -- Last week, a post on Patently-O presented some interesting results regarding the percent of utility applications that had issued as patents as compared to the total number of issued patents and abandoned applications for eight technology centers (see "USPTO Grant Rate by Technology Center")...

Dr. Craig Venter Creates First Cell Controlled Entirely by Synthetic DNA

Posted on June 02, 2010
By James DeGiulio -- After a 15-year effort, the team of Daniel Gibson (at right), Hamilton Smith, and Craig Venter (below left) have created the first cell controlled by a purely synthetic genome. In a press release and accompanying press conference, Dr...

Patent Profile: BioNanomatrix Receives Nanofluidic Chip Patent

Posted on June 02, 2010
By Nate Chongsiriwatana -- BioNanomatrix, Inc. recently announced the issuance of U.S. Patent No. 7,670,770 for nanochannel arrays that enable high-throughput macromolecular analysis. Previously, single-molecule DNA analysis has been limited by the difficulty of linearizing (untangling) and manipulating intact native DNA...

Nature Biotechnology and More Anti-gene Patenting Myths

Posted on June 01, 2010
By Kevin E. Noonan -- Sadly (you'd expect they would know better), the editorial board of Nature Biotechnology has decided to get on-board the anti-gene patenting bandwagon. The editors are entitled to their opinion, of course, but it shouldn't be too much to ask that they be more informed about the issues...

Court Report

Posted on June 01, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Wyeth LLC v. Intervet Inc. et al. 1:10-cv-00435; filed May 25, 2010 in the District Court of Delaware ? Plaintiff: Wyeth LLC ? Defendants: Intervet Inc...

Conference & CLE Calendar

Posted on June 01, 2010
June 1, 2010 - Biotechnology/Chemical/Pharmaceutical (BCP) Customer Partnership Meeting (U.S. Patent and Trademark Office) - Alexandria, VA June 10, 2010 - "Patents and the Written Description Requirement: Meeting Section 112 Disclosure Obligations After Ariad v...

Hatch-Waxman Boot Camp

Posted on May 31, 2010
American Conference Institute (ACI) will be holding its Hatch-Waxman Boot Camp conference on July 19-20, 2010 in Boston, MA. ACI faculty will help attendees: ? Understand the interplay of the PTO and FDA in the patenting of drugs and biologics; ? Learn about the essentials of the FDA approval process and its link to biopharmaceutical patents; ? Develop an in-depth and practical knowledge of Hatch-Waxman protocols, including: Orange Book listings, bioequivalency, exclusivities, the 30-month stay, and the safe harbor; ? Navigate the intricacies of patent term adjustment and patent term restoration; ? Comprehend how the introduction of biosimilars will change...

Seminar on Markman Hearings and Claim Construction in Patent Litigation

Posted on May 31, 2010
Practising Law Institute (PLI) will be holding a seminar entitled: "Markman Hearings and Claim Construction in Patent Litigation 2010" on June 30, 2009 in New York, NY. Groupcasts of the New York session will also be held in Atlanta, GA; Mechanicsburg, PA; Philadelphia, PA; and Pittsburgh, PA...

Seminar on Prior Art & Obviousness

Posted on May 31, 2010
Practising Law Institute (PLI) will be holding a seminar entitled: "Prior Art & Obviousness 2010: Current Trends in Sections 102 & 103" on July 7, 2010 in New York, NY and on September 15, 2010 in San Francisco, CA. The seminar will provide information on the following topics: ? When is a patent a "patent" under the statute? ? Public accessibility -- on the web, on the shelf, in the mail, "routine" practices; ? Four steps to the abyss of 102(d); ? Ex parte 102(g); abandon, suppress, conceal; ? Actual vs...

Patent Reform Seminar

Posted on May 29, 2010
The Analysis Group, Georgetown University's Center for Business and Public Policy, and McKool Smith will be offering a seminar entitled "Patent Reform 2010: What Shape Will It Finally Take?" on June 15, 2010, 2010 from 8:00 - 11:30 AM (EST). A panel of experts from industry, law, and politics will discuss the need for patent reform and the current legislative landscape, the pros and cons of bills under consideration, and the future implications for research, licensing, and litigation...

Webcast on U.S. Biosimilar Pathway

Posted on May 29, 2010
The American Bar Association (ABA) Center for Continuing Legal Education and ABA Section of Science & Technology Law will be offering a teleconference and live audio webcast entitled "Navigating the U.S. Biosimilar Pathway" on June 29, 2010, 2010 from 1:00 - 2:30 PM (EST)...

Webcast on Opportunities and Challenges Facing Life Science Companies

Posted on May 29, 2010
The American Bar Association (ABA) Center for Continuing Legal Education and ABA Section of International Law will be offering a teleconference and live audio webcast entitled "Regulatory and Intellectual Property Opportunities and Challenges for Life Science Companies Entering the U...

Biotech/Pharma Docket

Posted on May 28, 2010
By James DeGiulio -- AstraZeneca Settles Entocort Patent Suit with Teva, Stipulates with Mylan AstraZeneca has settled its infringement claims against Teva over its Crohn's disease treatment Entocort, striking a deal that grants Teva an exclusive license to market a generic oral budesonide capsule on Feb...

IPO Releases List of Top 300 Patent Holders for 2009

Posted on May 27, 2010
"Biotech/Pharma" Top 47" By Donald Zuhn -- The Intellectual Property Owners Association (IPO) released its 27th annual list of the top 300 organizations receiving U.S. patents. Patent Docs Readers may recall that the U.S. Patent & Trademark Office stopped releasing its annual list of top patent recipients in 2006 in order to "discourag[e] any perception that we believe more is better...

GSK Promotes Open Innovation by Sharing Malaria Inhibitor Compounds

Posted on May 27, 2010
By James DeGiulio -- Earlier this year, GlaxoSmithKline announced an "open innovation" strategy to help deliver new and better medicines for diseases disproportionately affecting people living in the world's poorest countries. Making good on that promise, GSK has teamed up with the European Bioinformatics Institute (EMBL-EBI), the U...

Marks & Clerk Survey Predicts Rise in Consolidation as Biotech/Pharma Industry Nears Patent Cliff

Posted on May 26, 2010
By James DeGiulio -- Despite the global economic outlook improving considerably over the last year, an industry survey by international intellectual property group Marks & Clerk suggests that the biotech and pharmaceutical industry may be entering a critical phase in terms of drug innovation and development...

USPTO Expands Application Exchange Program

Posted on May 26, 2010
By Sarah Fendrick -- On May 17, the U.S. Patent and Trademark Office (USPTO) announced in a press release it would be expanding the "Project Exchange" program to all applicants. The program enables an applicant with multiple pending applications, filed prior to the inception of the program, to receive expedited review of one application in exchange for withdrawing an unexamined application...

USPTO Continues to Modify System for Calculating PTA

Posted on May 26, 2010
By Jori Fuller -- As some practitioners and applicants may have noticed, the U.S. Patent and Trademark Office has begun sending out decisions on Requests for Recalculation of PTA in view of the Federal Circuit's decision in Wyeth v. Kappos. These decisions include a newly calculated PTA in view of Wyeth, and also include a Notice of Intent to Issue a Certificate of Correction...

Vanderbilt Univ. v. ICOS Corp. (Fed. Cir. 2010)

Posted on May 25, 2010
By Donald Zuhn -- Last month, in Vanderbilt Univ v. ICOS Corp., the Federal Circuit affirmed a decision of the District Court for the District of Delaware finding that Plaintiff-Appellant Vanderbilt University had failed to prove that Vanderbilt scientists Drs...

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