Month: August 2009

  • Has Inequitable Conduct Met Its Match?     By Kevin E. Noonan — There have been clear indications for some time that certain members of the Federal Circuit believe that the Court's inequitable conduct jurisprudence has gone astray from the "a high bar" Judge Rader (at right) believes the Court's earlier case law requires for establishing…

  •     By Donald Zuhn — California Healthcare Institute Applauds Eshoo-Inslee-Barton Amendment Last Friday, the House Committee on Energy and Commerce passed a health care reform bill by a close 31-28 vote (see "House Committee Approves Health Care Reform Bill Calling for 12-Year Exclusivity Period").  One of the mark-ups to the bill was an amendment offered…

  •     By Donald Zuhn — Gene patenting.  It's a topic that Public Radio just can't seem to get enough of this summer.  In June, Dr. Hans Sauer, the Associate General Counsel for Intellectual Property for the Biotechnology Industry Organization (BIO); Joshua Sarnoff, Professor of the Practice of Law at American University's Washington College of Law;…

  •     By Suresh Pillai — Settlement Announced in Ethyol® Infringement Suit Sun Pharmaceutical Industries, Ltd. and Medimmune LLC have announced a settlement of their patent dispute regarding Sun's manufacture and marketing of a generic version of the Medimmune drug Ethyol®, a cancer therapy drug.  Medimmune first filed suit in 2004, alleging that Sun and its…

  •     By Kevin E. Noonan — A research paper in the June 2009 edition of Nature Biotechnology (Eguchi et al., 2009, "Efficient siRNA delivery into primary cells by a peptide transduction domain–dsRNA binding domain fusion protein," Nature Biotechnology 27: 567-71) describes a new system for introducing short interfering RNAs (siRNAs) into mammalian cells that may…

  •     By Kevin E. Noonan — The most troublesome point of contention in the follow-in biologics (FOBs) debate has undoubtedly revolved around the term for data exclusivity.  In a subject so complex, it may be understandable that there are differing views about the importance of data exclusivity, and whether this is "much ado about nothing"…

  •     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. Juridical Foundation The Chemo-Sero-Therapeutic Research Institute v. Doll1:09-cv-01383; filed July 27, 2009 in the District Court of the District of Columbia Review…

  • August 4, 2009 – Venue in Patent Litigation:  New Strategies after Genetech and TS Tech USA (Strafford) – 1:00-2:30 PM (EST) August 17-18, 2009 – Advanced Patent Prosecution Workshop 2009: Claim Drafting & Amendment Writing (Practising Law Institute) – San Francisco, CA September 1, 2009 – Prior Art & Obviousness 2009: The PTO & CAFC…