Month: May 2008

  •     By Donald Zuhn — Monsanto and Syngenta announced last week that the two companies had reached a settlement with respect to all patent, antitrust, and commercial litigation between the companies and their subsidiaries, including Monsanto’s patent infringement suit on herbicide-tolerant corn technologies, Syngenta’s antitrust suit, and a dispute between the parties on herbicide-tolerant…

  •     By Kevin E. Noonan — In the non-precedential General Atomics case decided earlier this month, the Federal Circuit applied its Markman claim construction practice to a Jepson claim, a venerable claim format seen more frequently in the mechanical and electrical arts than in the chemical or biotechnology arts (1).  The case illustrates the…

  •     By Donald Zuhn — PricewaterhouseCoopers recently announced the release of its annual report on patent damages.  The report, entitled "A closer look: 2008 Patent Litigation Study: Damages, awards, success rates and time-to-trial," begins by asserting that the current threat of an economic recession has led to an increase in patent litigation, and that…

  •     By Christopher P. Singer — The biotechnology, chemical, and pharmaceutical technology groups at the U.S. Patent Office will hold their next quarterly customer partnership meeting on June 4, 2008. The schedule of topics for discussion include: Morning Session • Greetings and Overview (9:00 – 9:15 AM)John LeGuyader, George Elliot, and Irem YucelDirectors, Technology…

  •     By Kevin E. Noonan — The past few years have seen a whirlwind of proposed new regulations from the U.S. Patent and Trademark Office.  Although the most dramatic denouement came when Judge William Cacheris’ decided on April 1st to permanently enjoin the new continuation and claims rules, there are several other rules packages…

  •     By Kevin E. Noonan — Among the many things "wrong" with U.S. patent law, few outside the profession (meaning few among the cadre of gadflies, pundits, careerists, and those grinding their different shades of political and rhetorical axes against current patent law) focus on one of the real problems:  the varying and inconsistent…

  • By Donald Zuhn — Earlier this month, the Federal Circuit in a 2-1 decision affirmed the determination by the District Court for the Central District of California that U.S. Patent Nos. RE 38,743 and 5,389,618, which are owned by Plaintiffs-Appellees Aventis Pharma S.A. and Aventis Pharmaceuticals, Inc. (Aventis), are unenforceable for inequitable conduct.  In affirming…

  •     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. National Genetics Institute et al. v. Talecris Biotherapeutics, Inc.5:08-cv-00238; filed May 21, 2008 in the Eastern District of North Carolina Infringement of…

  • May 28, 2008 – Advanced Patent Licensing 2008: What You Need to Know Before Licensing Your Patent (Practising Law Institute) – New York, NY May 28-30, 2008 – PharmaBiotech IP Summit (Worldwide Business Research) – Philadelphia, PA June 11, 2008 – Advanced Patent Licensing 2008: What You Need to Know Before Licensing Your Patent (Practising…

  • Practising Law Institute (PLI) will be holding a seminar on Developments in Pharmaceutical and Biotech Patent Law on September 11, 2008 in New York, NY and on October 15, 2008 in San Francisco, CA.  The seminar will offer presentations on the following topics: I. The law of active pharmaceutical ingredients and impact of KSR •…