Patent Law Weblog
recent posts
- Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs – Part II
- Retired Judges File Amicus Brief in Support of Judge Newman
- Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs
- Teva Pharmaceuticals International v. Eli Lilly & Co. (Fed. Cir. 2026)
- USPTO Extends Artificial Intelligence Search Automated Pilot Program (ASAP!)
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Month: July 2009
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By Donald Zuhn — On Friday, the House Committee on Energy and Commerce approved a health care reform bill by a narrow three-vote margin (31-28). The bill (H.R. 3200), entitled "America's Affordable Health Choices Act," was originally introduced in the House on July 14, 2009 by Rep. John Dingell (D-MI). According to a statement…
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American Conference Institute (ACI) will be holding its 10th Annual Maximizing Pharmaceutical Patent Lifecycles conference on October 7-8, 2009 in New York, NY. The conference will allow attendees to: • See how a new global legal paradigm for pharmaceutical patent life cycles is being shaped by forces in the U.S. and abroad;• Understand the interplay…
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Board Finds Metabolite Claim to be Patentable By Kevin E. Noonan — The most significant non-decision from the Supreme Court in recent memory is Justice Breyer's dissent over the Court's decision to dismiss its granted certiorari petition (as improvidently granted) in the Laboratory Corp. v. Metabolite Laboratories, Inc. case regarding the patent-eligibility of this…
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By Sydney Kokjohn — Fish & Richardson and its pharmaceutical client Japan Tobacco Inc. recently discovered another error in the U.S. Patent and Trademark Office's method of calculating patent term adjustment ("PTA"). On January 8, 2009, Fish & Richardson filed an Application for Patent Term Adjustment under 37 C.F.R. § 1.705(d) (see Application). In…
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By Donald Zuhn — Today, the Senate Judiciary Committee heard testimony from David Kappos (at right), the Obama Administration's nominee for Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office. While the hearing was mostly uneventful, Senator Arlen Specter (D-PA) provided an interesting line of questioning when…
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By Donald Zuhn — On Wednesday, the Senate Judiciary Committee will hold a hearing on several nominations, including that of David Kappos for Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office. The Committee, which is scheduled to begin the hearing at 10:00 am (EST), will also…
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By Donald Zuhn — BIO CEO Cites Letters from Patient Groups Supporting Longer Exclusivity Period Last week, BIO President and CEO Jim Greenwood (at right) noted that a number of patient groups had joined BIO in seeking passage of a follow-on biologics bill providing a minimum of 12 years of data exclusivity. Mr. Greenwood…
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For Stem Cells, It Seems That Conception Is Enough By Kevin E. Noonan — On Thursday, the Federal Circuit affirmed a District Court determination that the University of Pittsburgh had established, by clear and convincing evidence, that four inventors had been improperly named in U.S. Patent No. 6,777,231 and granting judgment correcting inventorship under…
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By Kevin E. Noonan — Hal Wegner has shared with Patent Docs papers filed by the Department of Justice (DOJ) on Friday, asking the Federal Circuit to defer proceedings on its en banc review of the panel decision in Tafas v. Doll. The basis for this request is to give Under Secretary-designate David Kappos…
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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. King Pharmaceuticals Inc. et al. v. Sandoz Inc.2:09-cv-03587; filed July 21, 2009 in the District Court of New Jersey • Plaintiffs: King…
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