Patent Law

USPTO to Hold Public Meeting to Discuss PCT improvements

Posted on January 12, 2010
By Sarah Fendrick -- The U.S. Patent and Trademark Office has created a PCT task force to explore methods for improving the Office's role as a Receiving Office, an International Searching Authority (ISA), and an International Preliminary Examination Authority (IPEA)...

The Federal Circuit's Wyeth v. Kappos Decision

Posted on January 11, 2010
What Does It Tell Us About the Relationship between the Court and the Agency? By Kevin E. Noonan -- The Federal Circuit last week affirmed the D.C. District Court's decision contradicting the Patent Office interpretation of 35 U.S.C. § 1.54(b) regarding patent term adjustment (see Patent Docs report)...

Court Report

Posted on January 11, 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. Genzyme Corp. v. Cobrek Pharmaceuticals, Inc. 1:10-cv-00112; filed January 7, 2009 in the Northern District of Illinois Infringement of U...

Conference & CLE Calendar

Posted on January 11, 2010
January 20-21, 2010 - Life Sciences IP Due Diligence (American Conference Institute) - New York, NY 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 February 9, 2010 - Patent Prosecution: Best Practices for Reducing Costs While Improving Patent Quality (Technology Transfer Tactics) - 1:00 - 2:30 PM...

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PLI Patent Law Institute

Posted on January 09, 2010
Practising Law Institute (PLI) will be holding its 4th Annual Patent Law Institute on March 1-2, 2010 in New York, NY and on March 22-23, 2010 in San Francisco, CA. A live webcast of the San Francisco session will also be available. The two-day conference consists of six one-hour plenary sessions of broad interest to patent lawyers and a separate breakout track consisting of six one-hour sessions focusing on one of three patent practice sub-groups: patent prosecution; patent litigation; and patent transactions...

Biotech & Pharmaceutical Patenting Conference

Posted on January 09, 2010
IIR will be holding its 18th annual Biotech & Pharmaceutical Patenting conference from February 17-18, 2010 in Munich, Germany. The conference will allow attendees to: ? Prepare for upcoming changes with updates directly from the decision-makers at key patent offices; ? Examine the effect of recent case law on patent term extensions and paediatric data exclusivity; ? Increase your success in cases relating to single enantiomers, biosimilars, and second medical use claims with a critical review of the latest decisions of courts around the world; ? Update on latest developments in DNA patenting with insights from the agrochemical sector; ?...

Patent Simulation Study Indicates that Patent Protection May Not Encourage Innovation or Promote Societal Wealth

Posted on January 07, 2010
By James DeGiulio -- A recent study published in The Columbia Science and Technology Law Review challenges the traditional view that patents foster innovation, suggesting instead that patents may harm creation of new technology, economic activity, and societal wealth ("Patents and the Regress of Useful Arts")...

Wyeth v. Kappos (Fed. Cir. 2010)

Posted on January 07, 2010
By Donald Zuhn -- The Federal Circuit today affirmed an order by the District Court for the District of Columbia granting summary judgment in favor of Plaintiffs Wyeth and Elan Pharma International Ltd. ("Wyeth"), in which the lower court found that the U...

Biotech/Pharma Docket

Posted on January 06, 2010
By Suresh Pillai -- The Medicines Company Files New Lawsuits in Angiomax® Patent Dispute Following up on lawsuits filed in October against defendant Teva Pharmaceuticals, The Medicines Company has now filed new lawsuits alleging infringement of U.S. Patent No...

Top Stories of 2009: #4 to #1

Posted on January 05, 2010
By Donald Zuhn -- On New Year's Eve, we kicked off our third annual list of top biotech/pharma stories by counting down the first three of the top ten stories covered on Patent Docs in 2009 (see "Top Stories of 2009: #10, #9, and #8"). Yesterday, we listed stories #7, #6, and #5 (see "Top Stories of 2009: #7, #6, and #5")...

Top Stories of 2009: #7, #6, and #5

Posted on January 04, 2010
By Donald Zuhn -- On New Year's Eve, we kicked off our third annual list of top biotech/pharma stories by counting down the first three of the top ten stories covered on Patent Docs in 2009 (see "Top Stories of 2009: #10, #9, and #8"). Today, we count down stories #7, #6, and #5, and tomorrow, we will present last year's top four stories...

Court Report

Posted on January 04, 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. Paratek Pharmaceuticals, Inc. v. Kappos 1:09-cv-02425; filed December 28, 2009 in the District Court of the District of Columbia Review and correction of the patent term adjustment calculation made by the U...

Conference & CLE Calendar

Posted on January 04, 2010
January 6-10, 2010 - 27th Annual National CLE Conference (Law Education Institute, Inc.) - Vail, CO January 20-21, 2010 - Life Sciences IP Due Diligence (American Conference Institute) - New York, NY 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 February 9, 2010 - Patent Prosecution: Best...

AIPLA Mid-Winter Institute

Posted on January 02, 2010
The American Intellectual Property Law Association (AIPLA) will be holding its 2010 Mid-Winter Institute on January 27-30, 2010 in La Quinta, CA. The preliminary program for the Mid-Winter Institute includes presentations on the following topics: ? Building strong IP on a smaller budget; ? Business-based decision making and modeling for IP budgets; ? Aligning patent filing strategies to the technology development strategy; ? Top ten ideas for reducing IP costs at a global company; ? Strategic uses of patent prior art research in view of budget constraints; ? Peering into the 2010 crystal ball: What awaits the IP practitioner? ?...

Top Stories of 2009: #10, #9, and #8

Posted on January 01, 2010
By Donald Zuhn -- Reflecting upon the events of the past twelve months, Patent Docs presents its third annual list of top biotech/pharma stories. For 2009, we identified ten top stories that we covered on Patent Docs last year. Today, we count down stories #10, #9, and #8...

Follow-on Biologics News Briefs - No. 11

Posted on December 31, 2009
By Donald Zuhn -- Senate Passes Patient Protection and Affordable Care Act On Christmas Eve, the Senate passed the Patient Protection and Affordable Care Act (H.R. 3590) by a 60-39 vote. Independent Senators Joe Lieberman (I-CT) and Bernard Sanders (I-VT) joined all 58 Democratic Senators in voting for the bill...

Biotech/Pharma Companies Look to Market for Capital

Posted on December 30, 2009
By Donald Zuhn -- Over the past five months, biotech and pharma companies have increasingly turned to the stock market for much needed infusions of capital. In August, Nashville-based Cumberland Pharmaceuticals snapped a two-year industry dry spell when it conducted an initial public offering (IPO) that raised $85 million (see "Is Biotech/Pharma Beginning to Bounce Back?")...

Court Report

Posted on December 28, 2009
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. Abbott Laboratories, Inc. et al. v. Apotex Inc. et al. 1:09-cv-07968; filed December 22, 2009 in the Northern District of Illinois ? Plaintiff: Abbott Laboratories, Inc...

USPTO Launches Interactive Patent Pendency Model

Posted on December 28, 2009
By Sarah Fendrick -- On December 18, 2009, the U.S. Patent and Trademark Office announced the launch of an interactive patent pendency model (PPM). The PPM enables users to see how overall application pendency is affected by the number of examiner hires per year, the amount of overtime worked, and patent filing levels...

Conference & CLE Calendar

Posted on December 28, 2009
January 6-10, 2010 - 27th Annual National CLE Conference (Law Education Institute, Inc.) - Vail, CO January 20-21, 2010 - Life Sciences IP Due Diligence (American Conference Institute) - New York, NY 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 27-28, 2010 - Pharma & Biotech Patent Litigation (C5) - Amsterdam, Netherlands February 9, 2010 - Patent Prosecution: Best Practices for Reducing Costs While Improving Patent Quality (Technology Transfer Tactics) - 1:00 - 2:30...

Gene Patenting: Australian Potpourri

Posted on December 28, 2009
By Kevin E. Noonan -- Gene patenting, and proposed bans on the practice, have garnered several newspaper reports and responses from professional groups around the world. Australian Senate Panel Debates Gene Patenting The Community Affairs Committee of the Australian Senate is investigating whether genes should be patentable in that country, according to a December 12th report in The Australian ("Patently tricky dispute drags on: who owns your genes")...

Happy Holidays from Patent Docs

Posted on December 24, 2009
The authors and contributors of Patent Docs wish their readers and families a Happy Holidays. Publication of Patent Docs will resume on December 27th.

Monsanto Announces New Policy Regarding Roundup Ready® Seeds

Posted on December 24, 2009
By Kevin E. Noonan -- In what may be considered a softening (or at least a change) in its approach to protecting its patented technology, Monsanto announced that it would not enforce any contractual provisions regarding its Roundup Ready® transgenic seed (that preclude growers from replanting genetically-engineered seeds) once the patents on that technology expire in 2014...

Amgen and Hoffman-LaRoche Settle Mircera® Litigation

Posted on December 23, 2009
By Kevin E. Noonan -- The latest challenge to Amgen's erythropoietin (EPO) franchise ended today, when Hoffman-La Roche agreed to keep its pegylated derivative of human EPO, Mircera®, off the market until July 1, 2014. The U.S. Food and Drug Administration granted approval for Roche to market Mircera® in November, 2007 (it has already been approved in Europe and is sold in Austria, Sweden, Germany, the United Kingdom, and Norway) but the company has been under an injunction issued by Federal District Court Judge William G...

Science Progress Article Examines Impact of Gene Patents on Research

Posted on December 22, 2009
By Donald Zuhn -- Gene patenting has been a hotly debated topic for at least the past three years. The subject moved back to the forefront when Chicago-Kent College of Professor of Law Lori Andrews and the late Michael Critchton published an article in the November 11, 2006 issue of Parade magazine, in which the two advocated for a Genetic Bill of Rights that would have included a prohibition on gene patents (see "Gene Patenting in the News Again")...

USPTO Announces Changes to PKI Certificate Usage Policy

Posted on December 22, 2009
By Christopher P. Singer -- In a Notice published in the December 17, 2009 Federal Register (74 Fed. Reg. 66955), the U.S. Patent and Trademark Office announced changes to its previously published procedures (October 27, 2009 Federal Register Notice, 74 Fed...

USPTO Proposes New Procedure for Treating Rejected Claims That Are Not Appealed

Posted on December 21, 2009
By Sarah Fendrick -- Last week, the U.S. Patent and Trademark Office published a notice in the Federal Register (74 Fed. Reg. 66097) proposing changes in the procedure for handling notices of appeal and appeal briefs that identify fewer than all of the rejected claims as being appealed...

Court Report

Posted on December 21, 2009
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. Eli Lilly and Company v. APP Pharmaceuticals, LLC et al. 1:09-cv-01551; filed December 16, 2009 in the Southern District of Indiana ? Plaintiff: Eli Lilly and Company ? Defendants: APP Pharmaceuticals, LLC; APP Pharmaceuticals, Inc...

Conference & CLE Calendar

Posted on December 20, 2009
January 6-10, 2010 - 27th Annual National CLE Conference (Law Education Institute, Inc.) - Vail, CO January 20-21, 2010 - Life Sciences IP Due Diligence (American Conference Institute) - New York, NY 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 27-28, 2010 - Pharma & Biotech Patent Litigation (C5) - Amsterdam, Netherlands February 9, 2010 - Patent Prosecution: Best Practices for Reducing Costs While Improving Patent Quality (Technology Transfer Tactics) - 1:00 - 2:30...

ITC Litigation & Enforcement Conference

Posted on December 19, 2009
American Conference Institute (ACI) will be holding its 2nd Expert Forum on ITC Litigation & Enforcement from February 24-25, 2010 in New York, NY. The conference will offer practical advice for seizing the opportunities and meeting the challenges offered by fast-paced ITC litigation and allow attendees to: ? Evaluate and compare the potential benefits of selecting ITC or another venue; ? Navigate the ITC's complex procedural rules; ? Understand and resolve questions relating to "domestic industry" standards; ? Meet the demands of accelerated motion practice and discovery; ? Implement effective defense and intervention strategies in a Section 337 action; and...

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