Month: March 2010

  • The Franklin Pierce Law Center and the World Intellectual Property Organization (WIPO) will be holding the 12th Comprehensive PCT Seminar on April 23-24, 2010 in Concord, NH.  The two-day seminar will provide participants with in-depth knowledge and understanding of the PCT, and will address the following topics: • Introduction to the PCT system;• Basics of…

  • World Research Group (WRG) will be holding its Second Annual Corporate IP Counsel Summit on April 27-28, 2010 in New York, NY.  The conference will focus on the latest developments in monetizing and maximizing IP, patent portfolio optimization. Among the presentations to be offered by WRG faculty are: • Keynote Session — Dennis Crouch, Patently-O;•…

  • Manager's Amendment of S. 515 Would Eliminate Most Suits     By Kevin E. Noonan — Over the past few weeks, close to perhaps one hundred actions, characterized as "qui tam" (or whistleblower) lawsuits have been filed against several large companies (including 3M, Monster Cable Products, S.C. Johnson & Co., Proctor & Gamble Co., and Novartis…

  •     By Suresh Pillai — MIT Dismissed as Party in RNAi Dispute The U.S. District Court for the District of Massachusetts has granted the joint motion filed by plaintiff the Max Planck Institute and defendant the Massachusetts Institute of Technology to dismiss MIT as a party in a patent suit brought by Max Planck.  The…

  •      By Bradley Crawford — On February 19, 2010, the European Patent Office Enlarged Board of Appeals issued its decision in In re Abbott Respiratory, G 0002/08 (EPO Enlarged Board of Appeal 2010).  In this decision, three questions were considered by the Enlarged Board, but only the third question will be considered here: (3)  Are any…

  •     By Donald Zuhn — Last Thursday, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) informed those watching the Committee's Executive Business Meeting that the Committee had reached a "tentative agreement in principle" regarding patent reform legislation (see "Chairman Leahy Announces "Tentative Agreement in Principle" on Patent Reform Bill").  Chairman Leahy noted that the Committee would…

  • Are the Courts or the FTC Misapplying the Law?     By Kevin E. Noonan — In its report on so-called "pay for delay" settlements of ANDA litigation (otherwise known as "reverse payments"), the Federal Trade Commission (FTC) is calling for an outright ban on such agreements.  Settlements containing "reverse payments" involved payments from the patent-…

  •     By Sarah Fendrick — The U.S. Patent and Trademark Office posted a notice on its website announcing that the next meeting of the Patent Public Advisory Committee (PPAC) will be held on Wednesday, March 3, 2010.  A webcast of the meeting can be accessed here.  Those interested in conferencing in by phone (as listening…

  • Trading Technologies Int'l. Inc.  v. eSpeed Inc. (Fed. Cir. 2010)     By Kevin E. Noonan — In an otherwise unremarkable affirmance of jury verdicts and district court decisions on claim construction, the nascent Chief Judge of the Federal Circuit, Randall Rader, and District Court Judge Ron Clark (E.D Tex.) sitting by designation, provided remarkably similar…

  •     By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Simonian v. Merck & Co., Inc. et al.1:10-cv-01297; filed February 25, 2010 in the Northern District of Illinois • Plaintiff:  Thomas A Simonian• Defendants:  Merck & Co., Inc.; Schering-Plough Healthcare Products, Inc. False marking…