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: September 2009
-
Implications for Patent Protection for Avonex® Anti-Multiple Sclerosis Drug By Kevin E. Noonan — There is a tendency to blame the process when an undesired outcome occurs. That is happening in the wake of regulatory filings with the Securities and Exchange Commission regarding U.S. Patent 7,588,755 (the '755 patent), issued on September 15, 2009,…
-
By Donald Zuhn — Last week, a divided panel of the Federal Circuit affirmed a determination by the District Court for the District of Delaware that the claims of U.S. Patent No. 4,663,318 were invalid for lack of enablement. The '318 patent, which issued on May 5, 1987 from U.S. Application No. 06/819,141, is…
-
Sometimes, Sins of Omission Are Not Inequitable Conduct By Kevin E. Noonan — St. Thomas Aquinas recognized two types of sin: those of omission and those of commission. In patent law, inequitable conduct comes closest to this concept of sin, where frequently the accused behavior is the failure to submit to a patent examiner…
-
By Kevin E. Noonan — Although Amgen's erythropoietin franchise has weathered its most recent challenge by F. Hoffmann-La Roche's pegylated EPO analog, Mircera® (see Amgen Inc. v. F. Hoffman-La Roche Ltd. (Fed. Cir. 2009)), the victory was not absolute. The status of three of the patents-in-suit — U.S. Patent Nos. 5,547,933 (the '933 patent), 5,955,422…
-
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. Eurand Inc. et al. v. Anchen Pharmaceuticals Inc. et al.1:09-cv-00715; filed September 23, 2009 in the District Court of Delaware • Plaintiffs:…
-
September 30-October 1, 2009 – Biotech Patents*** (American Conference Institute) – Boston, MA October 5-6, 2009 – Patent Litigation 2009 (Practising Law Institute) – McLean, VA October 7-8, 2009 – Maximizing Pharmaceutical Patent Lifecycles*** (American Conference Institute) – New York, NY October 14, 2009 – Developments in Pharmaceutical and Biotech Patent Law (Practising Law Institute)…
-
By Donald Zuhn — The U.S. Patent and Trademark Office announced today that it had signed a Workplan for Bilateral Cooperation on intellectual property issues with the African Regional Intellectual Property Organization (ARIPO). The Workplan, which will serve to promote the development of effective intellectual property systems in ARIPO member countries, was signed by…
-
By Donald Zuhn — The U.S. Patent and Trademark Office recently published a notice in the Federal Register inviting public comment regarding the Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures (74 Fed. Reg. 40163). David Boundy, the Vice President of Intellectual Property for Cantor Fitzgerald L.P. and one of…
-
By Suresh Pillai — Cook and W. L. Gore Prevail in Suit over Endovascular Grafts The Court of Appeals for the Federal Circuit has affirmed a lower court ruling that neither Cook Inc. nor W. L. Gore & Associates infringed Edwards Lifesciences LLC's patents covering endovascular grafts used to treat aneurysms without open vessel…
-
By Christopher P. Singer — In a notice dated September 23, 2009, the U.S. Patent and Trademark Office announced that it will extend for one year the trial period for its patent prosecution highway (PPH) program with the European Patent Office. The extended trial period will expire on September 30, 2010. As we have…
Patent Docs 