Month: October 2009

  • The Intellectual Property Owners Association (IPO) and U.S. Patent and Trademark Office will be co-sponsoring the 20th Annual Conference on U.S. Patent and Trademark Office Law and Practice (PTO Day) on December 7, 2009 in Washington, D.C. The PTO Day program includes patent general sessions on the following topics: • Quality Initiatives and Measurement Compact…

  • On Tuesday, October 20, 2009, the American University Washington College of Law Program on Information Justice and Intellectual Property will be offering the Fifth Annual Finnegan Distinguished Lecture on Intellectual Property.  The lecture, entitled: "What the Federal Circuit Can Learn from the Supreme Court — and Vice Versa," will feature Prof. Rochelle Dreyfuss (at right)…

  •     By Donald Zuhn — In an online paper published by the New England Journal of Medicine on Wednesday, a New York patent attorney and two Harvard professors contend that follow-on biologics (FOB) legislation being proposed in the House and Senate, which provides 12 years of data exclusivity, would "upset[] the delicate balance between the…

  •     By Christopher P. Singer — Within the last month, a number of foreign patent offices that act as International Searching Authorities (ISA) for the PCT announced fee increases to their search fees.  IP Australia and the Korean Intellectual Property Office both enacted search fee increases that have been effective since September 15, 2009.  The…

  •     By Christopher P. Singer — Back on September 24, 2009, WIPO announced that Thailand deposited its instrument of accession to the Patent Cooperation Treaty (PCT), becoming the 142nd contracting state of the treaty.  The current list of contracting states can be viewed here.  The accession by Thailand means that in any international application filed…

  •     By Kevin E. Noonan — Tuesday was Sharon Barner's first day as Deputy Director of the U.S. Patent and Trademark Office, and she spent part of it addressing members of the patent bar in Chicago.  In a 90-minute roundtable meeting, Ms. Barner and Commerce Department General Counsel Cameron Kerry discussed patent reform and the…

  •     By Suresh Pillai — Teva Files Counterclaims in Gilead Suit In answer to a complaint filed in the U.S. District Court for the Southern District of New York by Gilead Sciences Inc. over alleged patent infringement, Teva Pharmaceuticals has filed an amended answer and counterclaim alleging that the patents-in-suit are invalid.  The patents-in-suit, U.S.…

  •     By Donald Zuhn –- Last month, the international humanitarian aid organization Médecins Sans Frontières (MSF) — known to many as Doctors Without Borders — announced that it was asking nine of the world's largest pharmaceutical companies to pool their HIV patents in order to accelerate the availability of new treatments to HIV/AIDS patients.  As…

  •     By Kevin E. Noonan –– The pitfalls attendant on collaborations between industry and academia are nicely illustrated in the Federal Circuit's decision last week in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. Stanford asserted three patents relating to methods for using polymerase chain reaction (PCR) detection of…

  •     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. The Medicines Company v. PLIVA-HRVATSKA d.o.o. et al.1:09-cv-00751; filed October 8, 2009 in the District Court of Delaware • Plaintiff:  The Medicines Company•…