Patent Law

Conference & CLE Calendar

Posted on February 01, 2010
February 4, 2010 - "Are Genes Patentable?" (Intellectual Property Litigation Committee, American Bar Association) - Chicago February 4, 2010 - Bay Area Pharma and Life Sciences IP Summit (Fish & Richardson and Berkeley Center for Law & Technology) - San Mateo, CA February 9, 2010 - Patent Prosecution: Best Practices for Reducing Costs While Improving Patent Quality (Technology Transfer Tactics) - 1:00 - 2:30 PM (EST) February 17-18, 2010 - Biotech & Pharmaceutical Patenting (IIR) - Munich, Germany February 24-25, 2010 - 2nd Expert Forum on ITC Litigation & Enforcement (American Conference Institute) - New York, NY March 1-2, 2010...

Commerce Secretary Locke Announces New Members of Patent Public Advisory Committee

Posted on January 30, 2010
By Christopher P. Singer -- In a January 15, 2010 press release, the U.S. Patent and Trademark Office announced three new members to the Patent Public Advisory Committee (PPAC) and two new members to the Trademark Public Advisory Committee (TPAC), as named by Commerce Secretary Locke...

Audioconference on Impact of Bilski Decision

Posted on January 30, 2010
Technology Transfer Tactics will be offering an audioconference entitled "The Bilski Decision: Expert Strategies to Manage Its Impact on University IP" on March 30, 2010 from 1:00 - 2:30 PM (EST). Patent Docs author Dr. Kevin Noonan, a partner at McDonnell Boehnen Hulbert & Berghoff LLP; Dr...

25th Annual Intellectual Property Law Conference

Posted on January 30, 2010
The American Bar Association (ABA) Section of Intellectual Property Law will be holding the 25th Annual Intellectual Property Law Conference on April 7-10, 2010 in Arlington, VA. Among the topics that will be covered at the conference are: ? Patent reform legislation -- Where we are, how did we get here, and what does the future hold in store? ? The year in patent law; ? Hot topics in foreign patent procurement and enforcement; ? Biosimilars 2010; ? Best practices for selecting, retaining and working with experts in patent cases; ? Litigating validity: Obviousness and collateral challenges; ? Insurance challenges:...

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Biotech/Pharma Docket

Posted on January 28, 2010
By Suresh Pillai -- Mylan and Matrix Fail in Bid to Dismiss Sustiva® Case The U.S. District Court for the District of Delaware has ruled that Bristol-Myers Squibb may proceed with its patent infringement suit against defendants Mylan Pharmaceuticals and Matrix Laboratories over Bristol-Myers' patent covering the HIV treatment Sustiva®, U...

PatentSim Study Revisited: Patent Expertise Equalizes Innovation in Patent and Non-Patent Systems

Posted on January 28, 2010
By James DeGiulio -- Earlier this month, we reported on a study published last year in the The Columbia Science and Technology Law Review, which suggested a commons systems can generate significantly greater amounts of innovation, productivity, and social utility than currently predominating patent systems that combine both patent and open source protection for inventions ("Patents and the Regress of Useful Arts")...

USPTO Announces Interim Procedure for Requesting PTA Recalculations

Posted on January 28, 2010
By Donald Zuhn -- In a press release issued today, the U.S. Patent and Trademark Office announced that it would be implementing an interim procedure by which patentees can request Patent Term Adjustment (PTA) recalculations while the Office revises its procedures to comply with the Federal Circuit's decision in Wyeth v...

Boehringer Ingelheim Int'l. v. Barr Laboratories, Inc. (Fed. Cir. 2010)

Posted on January 27, 2010
The Metes and Bounds of Obviousness-type Double Patenting By Kevin E. Noonan -- Obvious-type double patenting has become an important issue in patent litigation (Amgen Inc. v. F. Hoffman-La Roche Ltd., Pfizer, Inc. v. Teva Pharmaceuticals USA, Inc., Proctor & Gamble Co...

Law Professors Contend that Data Exclusivity Is Secondary Issue in FOB Debate

Posted on January 26, 2010
By Donald Zuhn -- In a paper published earlier this month, David Adelman and Christopher Holman assert that in the debate on follow-on biologics legislation, "the controversy over regulatory 'data exclusivity' is a sideshow." The authors argue that policymakers should instead "focus on mitigating the systemic barriers to entry that pose much greater and longer-term obstacles to lower-cost biotech drugs...

NVCA Report Shows Slight Drop in 4Q Venture Funding and Sharp Decline for 2009

Posted on January 25, 2010
By Donald Zuhn ?- On Friday, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its latest MoneyTree Report on venture funding. The study, conducted with PriceWaterhouseCoopers and Thomson Reuters, indicates that venture capitalists invested $5...

Conference & CLE Calendar

Posted on January 25, 2010
January 25, 2010 - "Are Genes Patentable?" (Intellectual Property Litigation Committee, American Bar Association) - Atlanta & Seattle January 25-26, 2010 - European Pharmaceutical Regulatory Law Boot Camp (American Conference Institute) - New York, NY January 26-27, 2010 - Advanced In-House Counsel Forum on China IP Law (C5) - Shanghai, China January 27-30, 2010 - Mid-Winter Institute (American Intellectual Property Law Association) - La Quinta, CA January 27-28, 2010 - Pharma & Biotech Patent Litigation (C5) - Amsterdam, Netherlands January 28, 2010 - "Are Genes Patentable?" (Intellectual Property Litigation Committee, American Bar Association) - Memphis January 29, 2010 - "Are...

FDA Boot Camp

Posted on January 23, 2010
American Conference Institute (ACI) will be holding the spring session of its FDA Boot Camp conference on March 24-25, 2010 in New York, NY. ACI faculty will help attendees: ? Master the basics of the application and approval processes for drugs, biologics, and devices; ? Comprehend the structure of the FDA and the roles of the three major agency centers: CDER, CBER, and CDHR; ? Develop a practical working knowledge of clinical trials for drugs and biologics and the clearance process for devices; ? Learn how devices are classified, monitored, and regulated; ? Appreciate the complexities of pharmaceutical IP and...

Biotech Patenting Conference

Posted on January 23, 2010
C5 (UK) will be holding its 18th Forum on Biotech Patenting on March 17-18, 2010 in Munich, Germany. C5 faculty will provide information and insights into: ? Strategies for adapting your patent practice to EPO rule changes; ? The latest EPO requirements for the patentability of biotechnological inventions; ? The practical impact of major EPO and national court cases; ? Disclosure requirements for gene patents -- what is patenable? From T1329/04 to Eli Lily vs...

Study Examines Paragraph IV Settlement and Litigation Success Rates

Posted on January 22, 2010
By James DeGiulio -- With very little downside and huge upside, exclusivity is the driving force to the huge increase in first-to-file Paragraph IV filings. Adam Greene and D. Dewey Steadman, both at RBC Capital Markets Corp., conducted a recent study where they analyzed over 370 court rulings since the beginning of 2000 to establish the "success rates" of generics (as defined by the authors)...

Governors Write President in Support of 12-Year Data Exclusivity Period

Posted on January 21, 2010
By Donald Zuhn -- On Saturday, reports began to circulate regarding President Obama's recent interest in "renegotiating" the data exclusivity provisions of the health care bills that were passed in the House and Senate late last year (see "Snatching Defeat from the Jaws of Victory?")...

USPTO and DOJ Will Not Seek Review of Wyeth v. Kappos

Posted on January 21, 2010
By Donald Zuhn -- The U.S. Patent and Trademark Office has announced that the Office and Department of Justice will not be seeking further review of the Federal Circuit's decision in Wyeth v. Kappos. In announcing this decision, the Office also stated that it is in the midst of "preparing guidance for expediting requests for recalculation of patent term adjustment by the USPTO in light of the Wyeth decision," and that such guidance "will be issued as soon as possible...

USPTO Asks out of Gene Patenting Case (Again)

Posted on January 20, 2010
By Kevin E. Noonan -- Several weeks ago, U.S. District Court Judge Robert W. Sweet denied the U.S. Patent and Trademark Office's motion to dismiss the ACLU-sponsored lawsuit aiming for a human gene patenting ban (see "BRCA Patent Suit to Continue in Southern District of New York")...

Data Exclusivity Follow-up: More of the Same

Posted on January 19, 2010
By Kevin E. Noonan -- The efforts of the Obama Administration and Congressman Henry Waxman to reduce the term of the data exclusivity period contained in the House and Senate versions of the health care reform bill (12 years) has been noticed by others...

Snatching Defeat from the Jaws of Victory?

Posted on January 18, 2010
Obama Administration Pushes for Lower Data Exclusivity Period By Kevin E. Noonan -- The Obama administration is reported to be pushing for a lower data exclusivity period than the 12-year period contained in both the House and Senate versions of the health care reform bill...

Court Report

Posted on January 18, 2010
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. Monsanto Co. et al. v. Slusser 4:10-cv-00075; filed January 14, 2010 in the Eastern District of Missouri ? Plaintiffs: Monsanto Co...

Conference & CLE Calendar

Posted on January 18, 2010
January 20, 2010 - "Are Genes Patentable?" (Intellectual Property Litigation Committee, American Bar Association) - Los Angeles & San Francisco January 21, 2010 - "Are Genes Patentable?" (Intellectual Property Litigation Committee, American Bar Association) - Birmingham, Boston, Philadelphia & Pittsburgh January 20-21, 2010 - Life Sciences IP Due Diligence (American Conference Institute) - New York, NY January 25, 2010 - "Are Genes Patentable?" (Intellectual Property Litigation Committee, American Bar Association) - Atlanta & Seattle January 25-26, 2010 - European Pharmaceutical Regulatory Law Boot Camp (American Conference Institute) - New York, NY January 26-27, 2010 - Advanced In-House Counsel Forum on...

Summit on Biosimilars and Follow-on Biologics

Posted on January 16, 2010
The Center for Business Intelligence (CBI) will be holding its 4th Summit on Biosimilars and Follow-on Biologics on March 18-19, 2010 in Washington, DC. At the Summit, CBI's faculty will offer presentations on the following topics: ? Understand the developing biosimilars framework in the United States and European Union; ? Biologics similarity -- How will this be defined? (panel discussion); ? FDA update on the scientific issues associated with evaluating FOB submissions; ? Update on healthcare reform policy and implications for bio/pharma; ? From the Hill -- Biosimilars legislative perspectives (panel discussion); ? European monoclonal antibody draft guidance -- What...

ABA IP Roundtables on Gene Patenting

Posted on January 16, 2010
The Intellectual Property Litigation Committee of the American Bar Association (ABA) Section of Litigation will be holding a number of luncheon roundtable discussions at various locations around the country to address the question: "Are Genes Patentable?" Roundtables have been scheduled on the following dates at the following locations: ? January 20, 2010 - Los Angeles & San Francisco ? January 21, 2010 - Birmingham, Boston, Philadelphia & Pittsburgh ? January 25, 2010 - Atlanta & Seattle ? January 28, 2010 - Memphis ? January 29, 2010 - Wilmington ? February 4, 2010 - Chicago ? Date to be determined -...

Bay Area Pharma and Life Sciences IP Summit

Posted on January 16, 2010
Fish & Richardson and the Berkeley Center for Law & Technology will be holding the Bay Area Pharma and Life Sciences IP Summit in San Mateo, CA on February 4, 2010. Registration for the event opens at 11:30 am (PT), and at noon, Suzanne Michel, Deputy Director for the Office of Policy Planning at the Federal Trade Commission, will give a keynote luncheon presentation entitled: "Impact of Healthcare Legislation on Pharmaceutical Patent Litigation Settlements and Follow-on Biologics...

AIPR Reiterates Opposition to Patent Reform Legislation

Posted on January 15, 2010
By Donald Zuhn -- On Tuesday, the American Innovators for Patent Reform (AIPR) announced that it was joining with the Small Business Coalition on Patent Legislation in opposing patent reform legislation currently before Congress. The AIPR specifically opposes the inclusion of apportionment of damages, post-grant opposition, and first-to-file provisions in any patent reform bill that might make its way to the Senate or House floor for a vote...

USPTO to Hold Public Meeting on January 20th to Discuss Appeals Rules Changes

Posted on January 14, 2010
By Sarah Fendrick -- The U.S. Patent and Trademark Office published a notice in the Federal Register last month (74 Fed. Reg. 67987) in which the Office announced that it is considering modifications to rules governing the practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals...

Consumer Groups Ask Congress to Add Pay-for-Delay Provision to Health Care Bill

Posted on January 14, 2010
By Donald Zuhn -- On Monday, the American Antitrust Institute (AAI) sent a letter to Speaker of the House Nancy Pelosi (D-CA) and Senate Majority Leader Harry Reid (D-NV), urging the House and Senate to include provisions in their health care reform bills that would prohibit exclusion payments in pharmaceutical patent settlements...

Partnerships Between Startup Firms and Big Pharma Fueled 85% Increase in Biotech Funding in 2009

Posted on January 14, 2010
By James DeGiulio -- Industry investor and analyst Steven Burrill (at right), CEO of Burrill & Co., reports that a record $55.8 billion was raised by the biotech industry in 2009, which constitutes an 85 percent increase over the $30.1 billion recorded in 2008...

Like Peas in a Pod

Posted on January 13, 2010
Now, L.A. Times Gets if Wrong on Gene Patenting By Kevin E. Noonan -- Maybe it is just the state of newspapers in the 21st Century -- a 19th Century medium supplanted by technology that is more immediate, extensive, comprehensive, and relevant. Or maybe it is the pressure of deadlines and "getting the story," although "getting" it correctly seems to be an anachronism...

USPTO Posts Notice Regarding Wyeth Decision

Posted on January 12, 2010
By Donald Zuhn -- Last Thursday, the Federal Circuit determined in Wyeth v. Kappos that the U.S. Patent and Trademark Office had erred in making PTA calculations for two patents owned by Wyeth and Elan Pharma International Ltd. (see Patent Docs report)...

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