Patent Law Weblog
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- Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (2026)
- Constellation Designs, LLC v. LG Electronics Inc. (Fed. Cir. 2026)
- Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2026)
- PTAB Reverses § 101 Rejection Where Examiner Failed to Follow the Office’s Own Guidance
- Collision Communications v. Samsung: What Good Did the Government’s Statement of Interest Do?
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Month: April 2009
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By Kevin E. Noonan — Beginning with Regents of the University of California v. Eli Lilly and Company, the Federal Circuit has applied the written description requirement stringently in many art areas as a requirement of 35 U.S.C. § 112, first paragraph, that is separate from the enablement requirement. Judge Linn, at least, believes…
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By Kevin E. Noonan — The recent discussion of the Federal Circuit's decision in the In re Kubin case suggests there may be some misunderstanding of the science behind the legal question of obviousness. Because obviousness is a question of law based heavily on underlying issues of fact, it is important for commentators as…
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By Donald Zuhn — Ryogen LLC recently announced that the U.S. Patent and Trademark Office had issued U.S. Patent Nos. 7,468,266 and 7,470,522. The '266 patent is directed to an isolated genomic polynucleotide encoding human lipoprotein-associated phospholipase A2, as well as vectors and host cells comprising such polynucleotides, antisense oligonucleotides to such polynucleotides, and…
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By Kevin E. Noonan — Biotechnology patent law faces the consequences of two decisions handed down last week by the Federal Circuit: In re Kubin and Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. The first of these illustrates the folly of ignoring the wisdom of the In re Deuel decision, in applying established…
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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. Wyeth v. Cadila Healthcare Ltd. et al.1:09-cv-00239; filed April 9, 2009 in the District Court of Delaware Infringement of U.S. Patent Nos.…
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April 13, 2009 – New PTO Rules and Patent Reform in the 111th Congress (Practising Law Institute) – 1:00-3:00 PM (EST) April 16, 2009 – Biologue Chicago (Biotech Committee of the Intellectual Property Law Association of Chicago) – Chicago, IL April 20-21, 2009 – 5th International Judges Conference on Intellectual Property Law (Intellectual Property Owners…
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Practising Law Institute (PLI) will be offering an audio webcast entitled: "New PTO Rules and Patent Reform in the 111th Congress" on April 13, 2009 from 1:00-3:00 PM (EST). Robert Spar, former Director of the Office of Patent Legal Administration for the U.S. Patent and Trademark Office; John White of the Practising Law Institute and…
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C5 (UK) will be holding its annual Biotech Patenting conference on June 16-17, 2009 in Munich, Germany. The conference will allow attendees to: • Identify the principles followed by the courts and patent offices when determining inventorship and entitlement disputes;• Capitalize on gene patenting and stem cell related inventions;• Understand the practical impact of recent…
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By Suresh Pillai — Delaware District Court Invalidates Concerta® Patent The U.S. District Court for the District of Delaware has ruled that Watson Pharmaceuticals, Inc.'s generic version of Concerta® (methylphenidate hydrochloride extended-release tablets) does not infringe ALZA Corporation's and McNeill-PPC's patent covering the drug. The District Court also invalidated the patent at issue, U.S.…
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By Donald Zuhn — On April 1st, the Federal Circuit affirmed the judgment of the District Court for the Western District of Wisconsin that Defendant-Cross Appellant Third Wave Technologies, Inc. did not infringe U.S. Patent No. 5,643,715, owned by Plaintiff-Appellant Digene Corp. The panel also affirmed the District Court's grant of summary judgment dismissing…
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