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?
about
Month: September 2009
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By Donald Zuhn — Last week, the Federal Circuit determined that Plaintiff-Appellant AsymmetRx, Inc. did not have standing to bring an action for infringement of the patents-at-suit absent the participation of the President and Fellows of Harvard College. As a result, the CAFC vacated and remanded an order by the District Court for the…
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By Donald Zuhn — Last week, the World Intellectual Property Organization (WIPO) released a report on intellectual property trends showing that the number of filed patent, trademark, and industrial design applications increased in 2007 ("World Intellectual Property Indicators 2009"). However, preliminary results for 2008 indicate that application filings dropped last year, a result not…
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By Sherri Oslick — Last week, Advaxis, Inc., a biotechnology corporation focused on using a bioengineered bacterium, Listeria monocytogenes (Lm), to activate the immune system to treat cancer, infectious disease, or allergic syndromes, was issued U.S. Patent No. 7,588,930 ("Compositions and Methods for Enhancing the Immunogenicity of Antigens"). The '930 patent is directed to…
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By Donald Zuhn — Earlier this month, James Love and James Glassman, writing in the Congressional newspaper Roll Call, expressed "alarm" regarding recent Congressional action concerning the establishment of a follow-in biologics (FOB) regulatory pathway ("Don't Kill Competition for High-Tech Drugs"). That action included the recent passage by the House Committee on Energy and…
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September 21-22, 2009 – 2009 World Stem Cell Summit*** – Baltimore, MD September 21-22, 2009 – Patent Litigation 2009 (Practising Law Institute) – San Francisco, CA September 23-25, 2009 – 10th Annual Generic Drugs Summit on the Business of Biosimilars (Institute for International Research) – Boston, MA September 30-October 1, 2009 – Biotech Patents*** (American…
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American Conference Institute (ACI) will be holding a conference on Foreign Patent Law & Regulation for the U.S. Life Sciences Patent Practitioner from December 7-8, 2009 in New York, NY. The conference will allow attendees to: • Develop a strategic plan for deciding when and where to file life sciences patents abroad;• Prosecute and file…
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By Donald Zuhn — On Monday, a group of 56 companies sent a letter to Secretary of Commerce Gary Locke (below) urging the Secretary "to push for improvements" to the post-grant and inter partes examination provisions of patent reform legislation currently before Congress. The Seattle PI's Microsoft blog published a copy of the letter…
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Medical Diagnostics Claims Are Patentable Subject Matter By Kevin E. Noonan — Over the past few years, Federal Circuit decisions in In re Bilski and Classen Immunotherapeutics, Inc. v. Biogen Idec, combined with Justice Breyer's dissent in Laboratory Corp. v. Metabolite Labs., Inc. ("LabCorp"), have created more than a frisson of anxiety in the…
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By Donald Zuhn — Last month, the Milwaukee Journal Sentinel published two articles documenting the current state of the U.S. patent system (see "The Milwaukee Journal Sentinel Gets It Right about Patents"). The authors of those pieces, John Schmid and Ben Poston, have now compiled an interactive graphic that shows how the U.S. patent…
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Something for Everyone, but the Injunction Stands By Kevin E. Noonan — Amgen has several times successfully defended its erythropoietin (EPO) franchise, the company's first commercial success and in many ways the crown jewel of its (or anyone's) biologics drug pipeline. That string of successes continued today with a decision by the Federal…
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