Month: April 2008

  •     By Christopher P. Singer — In April 7, 2008 press releases from Novartis AG and Alcon Inc., the companies announced that Novartis has reached an agreement with Nestlé S.A. which provides Novartis with the right to acquire majority ownership of Alcon Inc.  Nestlé currently owns 77% of the outstanding shares of Alcon.  The…

  •     By Donald Zuhn — Last week, 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 to encompass Plaintiff-Appellee Ortho-McNeil Pharmaceutical, Inc.’s epilepsy drug topiramate, and affirmed the District Court’s decision to (1) permanently enjoin Defendants-Appellees Mylan Laboratories, Inc. and…

  •     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. Sepracor Inc. et al. v. Sandoz, Inc.3:08-cv-01584; filed March 31, 2008 in the District Court of Delaware Infringement of U.S. Patent Nos.…

  • April 7, 2008 – Successful Multilateral Patents (Law Seminars International) – Arlington, VA April 10-12, 2008 – 23rd Annual Intellectual Property Law Conference (American Bar Association) – Arlington, Virginia April 25, 2008 – Patent Claim Construction (Law Seminars International) – Atlanta, GA April 30-May 1, 2008 – Pharma/Biotech Collaborative Agreements (American Conference Institute) – San…

  •     By Donald Zuhn — Yesterday, 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 Section 11 of the Senate patent reform bill (S. 1145).  Section 11 would require that applicants submit Applicant Quality…

  •     By Donald Zuhn — In February, we reported on a letter sent by Nathaniel Wienecke, the Assistant Secretary for Legislative and Intergovernmental Affairs of the U.S. Department of Commerce, to Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, expressing the Bush Administration’s views on the Senate patent reform bill (S. 1145). …

  •     By Kevin E. Noonan — And all patent rights are theft, according to The New York Times.  In but one small story on its business pages, the "newspaper of record" misstates the facts, impugns the law, and slanders one of the greatest American inventors who ever lived (see "Edison . . . Wasn’t…

  •     By Christopher P. Singer — In an April 1, 2008 notice, the U.S. Patent and Trademark Office announced that the Intellectual Property Office of Australia (IP Australia) will launch sometime this month a new trial cooperation initiative with the USPTO as part of the Patent Prosecution Highway (PPH) Pilot Program.  The trial program…

  •     By Kevin E. Noonan — The Biotechnology Industry Organization (BIO) issued two press releases today, concerning the "patent reform" bill pending in the Senate (S. 1145) and District Court Judge Cacheris’ decision in Tafas/GSK v. Dudas. In the first press release, BIO President and CEO Jim Greenwood (at left) responded to the claims…

  • Tafas v. Dudas; Smithkline Beecham Corp. v. Dudas (E.D. Va. 2008)     By Donald Zuhn — Earlier today, Judge James C. Cacheris, Senior Judge sitting in the U.S. District Court for the Eastern District of Virginia, issued his long-awaited and much-anticipated decision in the consolidated cases of Tafas v. Dudas and Smithkline Beecham Corp.…