Month: December 2009

  •     By Suresh Pillai — Breach of Contract Claims Dismissed in AIA-Mayo Suit The District Court for the Middle District of Florida has dismissed two claims brought by the Alzheimer's Institute of America (AIA) against the Mayo Clinic and Myriad Pharmaceuticals alleging that the defendants had breached the no-challenge clause contained within the institutional licensing…

  •     By Sarah Fendrick — On November 23, 2009, the U.S. Patent and Trademark Office and India's Department of Industrial Policy and Promotion (DIPP) announced the signing of a Memorandum of Understanding (MOU) regarding comprehensive bilateral cooperation on intellectual property rights (IPR) protection and enforcement.  The MOU was signed in an effort to create a…

  •     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. Pfizer Inc. et al. v. Kremers Urban LLC et al.1:09-cv-00924; filed December 3, 2009 in the District Court of Delaware • Plaintiffs:  Pfizer…

  •     By Sarah Fendrick — In an effort to reduce the backlog of unexamined patent applications pending before the U.S. Patent and Trademark Office, the Office has implemented a procedure that allows small entities to have an application accorded special status examination if the applicant expressly abandons another co-pending unexamined application.  In a Federal Register…

  •     By Donald Zuhn — In anticipation of tomorrow's oral argument in the rehearing en banc of Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. (scheduled to begin at 2:00 pm (EST) in Courtroom 201), Patent Docs has spent the past three weeks reviewing a number of the briefs submitted by various amici.  By the…

  •     By Kevin E. Noonan — Several companies have filed amicus curiae briefs with the Federal Circuit on the questions presented by the en banc Court in the Ariad case.  Although we have explored the positions taken by some of these companies in detail, on the eve of oral argument, we set forth here briefer…

  • December 7, 2009 – 20th Annual Conference on U.S. Patent and Trademark Office Law and Practice (PTO Day) (Intellectual Property Owners Association (IPO) and U.S. Patent and Trademark Office) – Washington, DC December 7-8, 2009 – Foreign Patent Law & Regulation*** (American Conference Institute) – New York, NY December 9, 2010 – Biotechnology/Chemical/Pharmaceutical (BCP) Customer…

  • On Wednesday, December 9, 2009, the Federal Circuit Bar Association (FCBA) will be holding a discussion entitled "Work Sharing Initiatives Between IP Offices Throughout the World — Legal and Policy Issues."  The discussion will be held from 3:00-4:00 pm (EST) at the Federal Circuit Bar Association, 1620 I Street, NW Suite 900, Washington, DC, and…

  •     By Donald Zuhn — In an Op-Ed appearing in Tuesday's San Jose Mercury News, two physicians have asked Rep. Anna Eshoo (D-CA) to close what they believe is a loophole in follow-on biologics (FOB) legislation currently before Congress ("Eshoo needs to close loophole in biologics legislation").  The authors of the piece, psychiatrist Dr. Alexander…

  •     By Sarah Fendrick — Effective October 14, 2009, the U.S. Patent and Trademark Office revised the rules of practice to remove changes arising from the claims and continuations rules from the Code of Federal Regulations.  The Federal Register notice stated the changes in the claims and continuation rules "addressed the Office's patent application pendency…