Month: March 2010

  • Federal Circuit Transfers "Hot Potato" Diagnostic Method Case     By Kevin E. Noonan — The Federal Circuit's majority decision in Laboratory Corp. of America Holdings ("LabCorp") v. Metabolite Laboratories, Inc., and Judge Dyk's dissent, illustrate how often factual considerations, and different views of the same facts, can influence if not determine a legal outcome.  Here,…

  •     By Donald Zuhn — Earlier today, VentureDeal, a venture capital database offering information on U.S. technology startup companies, venture capital firms, and company financings, released its latest quarterly venture capital funding reports covering the fourth quarter of 2009.  The VentureDeal reports track venture capital funding in 15 technology-based sectors, with separate reports focusing on…

  •     By Suresh Pillai — Last week, the Federal Circuit affirmed a determination by the International Trade Commission ("ITC") that:  (1) the asserted claims of U.S. Patent Nos. 5,827,698 and 6,040,160 were invalid for failure to comply with the best mode requirement, and (2) the '698 patent was unenforceable due to inequitable conduct.  Both the…

  •     By Sarah Fendrick — The U.S. Patent and Trademark Office (USPTO) announced in a March 10, 2010 press release that it has joined forces with the UK Intellectual Property Office (UKIPO) to develop a plan to reduce patent processing backlogs in both offices.  The joint effort is a result of the hindrance the patent…

  •     By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Biovail Laboratories International SRL v. Paddock Laboratories, Inc.0:10-cv-00687; filed March 9, 2010 in the District Court of Minnesota Biovail Laboratories International SRL v. Paddock Laboratories Inc.1:10-cv-00185; filed March 8, 2010 in the District Court…

  • March 17-18, 2010 – 18th Forum on Biotech Patenting (C5) – Munich, Germany March 18-19, 2010 – 4th Summit on Biosimilars and Follow-on Biologics*** (Center for Business Intelligence) – Washington, DC March 22-23, 2010 – 4th Annual Patent Law Institute (Practising Law Institute) – San Francisco, CA March 24-25, 2010 – FDA Boot Camp*** (American…

  • American Conference Institute (ACI) will be holding its Hatch-Waxman Boot Camp conference on May 24-25, 2010 in San Diego, CA.  ACI faculty will help attendees: • Understand the interplay of the PTO and FDA in the patenting of drugs and biologics;• Learn about the essentials of the FDA approval process and its link to biopharmaceutical…

  • Strafford will be offering a webinar entitled "Obviousness Standard for Patents Post-KSR: Strategies to Withstand USPTO Obviousness Rejections and Attacks on Patent Validity" on April 14, 2010 from 1:00 – 2:30 PM (EST).  Ronald Cahill of Nutter McClennen & Fish, Karen Canaan of CanaanLaw; and Kevin Meek of Baker Botts, will review how the obviousness…

  •     By Suresh Pillai — DC District Court Remands Pfizer PTA Suit to USPTO Last week, the U.S. District Court for the District of Columbia remanded Pfizer Inc.'s challenge of the USPTO's calculation of patent term adjustment (PTA) back to the U.S. Patent and Trademark Office.  This action by the District Court, following the Federal…

  •     By Donald Zuhn — On Tuesday, Representative Diana DeGette (D-CO) introduced legislation (H.R. 4808) that would amend the Public Health Service Act to provide for human embryonic stem cell research.  H.R. 4808 would codify President Obama's Executive Order 13505, which permitted federal funding of research conducted with human embryonic stem cell lines.  It was…