Patent Law Weblog
recent posts
- 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?
about
Month: April 2009
-
By Christopher P. Singer — About two weeks ago, we were advised of by one of our European associates about changes to the rules relating to divisional practice in the European Patent Office (see "Changes Coming to Divisional Application Practice in Europe"). This week, our associate Forresters advised us about further rule changes that…
-
By Kevin E. Noonan — The Senate Judiciary Committee, particularly the triumvirate of Chairman Patrick Leahy (D-VT), Ranking Member Arlen Specter (R-PA), and Senator Diane Feinstein (D-CA), are pretty proud of themselves these days, having rammed their "compromise" patent "reform" bill through the Committee and headed to the Senate floor. It can be expected…
-
By Andrew Williams — On Friday, the Federal Circuit issued its decision in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., reversing the U.S. District Court for the District of Massachusetts's denial of Lilly's motion for JMOL in view of a jury verdict of infringement and validity of the asserted claims, and affirming the…
-
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. Impax Laboratories, Inc.1:09-cv-00846; filed April 3, 2009 in the District Court of Maryland Infringement of U.S. Patent No. 5,667,775…
-
By Kevin E. Noonan — The sky isn't falling. But it's becoming increasingly clear that when the Supreme Court sneezes, the Federal Circuit gets a cold (if not pneumonia). And the questions continue about whether the Federal Circuit as currently constituted has the institutional fortitude to exercise its Congressional mandate to harmonize patent law…
-
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 Association) – Washington, DC April 20-21, 2009 – 6th Annual Freedom to Operate Forum (C5 (UK)) – London, England April 24,…
-
By Christopher P. Singer — This past week, the Electronic Business Center (EBC) posted two notices on its PAIR and EFS-Web systems. In the notice posted on the opening page of EFS-Web, the Patent Office announced that it is making a minor change to the document description identification of a letter submitted with an…
-
By Donald Zuhn — This morning, the Federal Circuit issued decisions in both In re Kubin and Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. In Kubin, the Federal Circuit, with Circuit Judge Rader writing for Circuit Judges Friedman and Linn, affirmed the Board's decision that Kubin's claims were obvious. In Ariad Pharmaceuticals, the…
-
By Kevin E. Noonan — The "tyranny of the majority" has been the bane (or at least the peril) of representational democracy at least since Alexis de Tocqueville coined the term in 1835; more recently, Lani Guinier lost the nomination to be President Clinton's Assistant Attorney General for Civil Rights for her scholarly writings…
-
By Donald Zuhn — Last week, Rep. Bobby Rush (D-IL) (at right) introduced the Protecting Consumer Access to Generic Drugs Act of 2009 (H.R. 1706) in the House. The bill, which was co-sponsored by Rep. Diana DeGette (D-CO), John Dingell (D-MI), Michael Doyle (D-PA), Edward Markey (D-MA), Janice Schakowsky (D-IL), Bart Stupak (D-MI), and…
Patent Docs 