Month: April 2008

  •     By Kevin E. Noonan — Hoffmann-LaRoche has apparently given up its attempts to convince Judge William Young to lift an injunction preventing it from selling its Mircera® drug product (a form of recombinant EPO that has been covalently linked to polyethylene glycol), and has filed a Notice of Appeal with the Court of…

  •     By Christopher P. Singer — Recently, the U.S. Patent and Trademark Office announced that it will hold a webcast on April 30, 2008 at 3:00 pm (EDT) in order to address various issues concerning Public PAIR.  In particular, the Office will address the recent access and response time problems that Public PAIR has…

  •     By Donald Zuhn — On April 1st, we reported on a statement issued by Biotechnology Industry Organization (BIO) President and CEO Jim Greenwood (at right) disputing a report from the Coalition for Patent Fairness that the Senate patent reform bill (S. 1145) would be coming to a vote in the next few weeks. …

  •     By Donald Zuhn — Last month, we reported on the U.S. Patent and Trademark Office’s supplementary notice concerning its Alternative Claims Notice of Proposed Rule Making (frequently referred to as Markush rules).  While the Patent Office asserted that the new alternative claims rules "involve rules of agency practice and procedure for which prior…

  •     By Mark Chael — On April 8th, Antigenics Inc. announced that the Russian Ministry of Public Health had approved Oncophage® for the treatment of intermediate-risk kidney cancer.  According to Antigenics, Oncophage® is derived from a discrete tumor and contains the antigenic fingerprint of the cancer cells that make up that particular tumor, making…

  •     By Donald Zuhn — Last week, the Federal Circuit issued an opinion in Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc.  In Mylan Laboratories, the Federal Circuit determined that the District Court for the District of New Jersey properly construed claim 1 of U.S. Patent No. 4,513,006, owned by Plaintiff-Appellee Ortho-McNeil Pharmaceutical, Inc., to…

  •     By Sherri Oslick — Last week, Codon Devices Inc. and Blue Heron Biotechnology agreed to settle their pending lawsuit in which Codon alleged that a series of patents licensed to Codon were infringed through Blue Heron’s manufacture and use of its GeneMaker® gene synthesis platform.  As reported here, the suit was filed on…

  •     By Christopher P. Singer — On April 1, 2008, the European Patent Office (EPO) began increasing fees associated with the searches it performs when acting as the International Searching Authority (ISA) for international applications filed through the PCT.  The fee increased to $2496 which represents nearly a 10% increase from the prior fee…

  •     By Donald Zuhn — Last week, we reported on a letter sent by Secretary of Commerce Carlos Gutierrez to Senators Patrick Leahy and Arlen Specter, in which the Secretary reaffirmed the Bush Administration’s support for the Applicant Quality Submission (AQS) provision of the Senate patent reform bill (S. 1145).  In addition, Secretary Gutierrez…

  •     By Kevin E. Noonan — The echoes of the Supreme Court’s recent spate of reversing the Federal Circuit continue to reverberate, and perhaps nowhere so loudly as in the Federal Circuit’s developing declaratory judgment jurisprudence.  Or perhaps it would be more accurate to say in the total collapse of that jurisprudence:  in a…