Month: December 2009

  •     By Suresh Pillai — Teva's Discovery Request Blocked in Aricept® Suit The U.S. District Court for the District of New Jersey has denied a discovery request by Teva Pharmaceutical Industries to examine communications between Eisai and the U.S. Patent and Trademark Office.  Eisai filed the original suit in 2005 following Teva's submission of an…

  •     By Kevin E. Noonan — At the outset of the en banc oral argument in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. last week, Chief Judge Michel asked Lilly's counsel whether Lilly had preserved the written description issue by timely objecting to District Court Judge Zobel's jury instruction (see "Ariad v. Lilly: Oral…

  •     By Sarah Fendrick — The U.S. Patent and Trademark Office and the Patent Public Advisory Committee (PPAC) have created a project to improve the overall quality of patents, reduce patent application pendency, and ensure that granted patents are valid.  The improvement initiative does not involve changes in patent law or substantive new rules, but…

  •     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. Cephalon Inc. et al. v. Actavis Group et al.1:09-cv-00940; filed December 8, 2009 in the District Court of Delaware • Plaintiffs:  Cephalon Inc.;…

  • January 6-10, 2010 – 27th Annual National CLE Conference (Law Education Institute, Inc.) January 20-21, 2010 – Life Sciences IP Due Diligence (American Conference Institute) – New York, NY January 25-26, 2010 – European Pharmaceutical Regulatory Law Boot Camp (American Conference Institute) – New York, NY January 26-27, 2010 – Advanced In-House Counsel Forum on…

  • C5 (UK) will be holding its 2nd Annual Pharma & Biotech Patent Litigation conference on January 27-28, 2010 in Amsterdam, Netherlands.  The conference will provide strategic guidance regarding the following issues: • Is the Enforcement Directive an effective tool for brand name pharma in enforcing patents:  Analysis of post Directive case law;• The latest European…

  • C5 (UK) will be holding its Advanced In-House Counsel Forum on China IP Law on January 26-27, 2010 in Shanghai, China.  At the conference, C5 faculty will offer presentations on the following topics: • Status report on recent IP regulatory and enforcement initiatives;• Developing a filing strategy to address China's new secrecy examination;• Incorporating utility…

  •     By Donald Zuhn — On December 11th, National Public Radio's Science Friday, which is broadcast nationwide from 2:00 – 4:00 pm Eastern time as part of NPR's Talk of the Nation programming, will focus on the issue of gene patenting.  In particular, the program will examine the Association for Molecular Pathology v. United States…

  •     By Donald Zuhn — On Monday, an en banc panel of the Federal Circuit heard oral argument in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. (see "Ariad v. Lilly: Oral Argument").  During the hearing, several members of the Court as well as counsel for the Government focused on perceived differences between the positions…

  •     By Kevin E. Noonan — Oral argument in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. was heard on Monday before an en banc panel of the Federal Circuit.  Counsel for Ariad (John M. Whealan), Lilly (Charles E. Lipsey) and the U.S. Patent and Trademark Office (Mark R. Freeman) argued before an active Court,…