Patent Law Weblog
recent posts
- Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (2026)
- Constellation Designs, LLC v. LG Electronics Inc. (Fed. Cir. 2026)
- Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2026)
- PTAB Reverses § 101 Rejection Where Examiner Failed to Follow the Office’s Own Guidance
- Collision Communications v. Samsung: What Good Did the Government’s Statement of Interest Do?
about
Month: May 2010
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By Kevin E. Noonan — On April 29th, the U.S. Court of Appeals for the Second Circuit ruled that the "pay-for-delay" agreement between defendants Bayer AG and several generic drugmakers (including The Rugby Group, Watson Pharmaceuticals Inc., and Barr Laboratories Inc.) were not illegal under U.S. antitrust law and prevailing precedent. However, in a…
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By Sarah Fendrick — The Department of Justice, Federal Trade Commission, and U.S Patent and Trademark Office have announced that they will be holding a joint public workshop on the intersection of patent policy and competition policy and its implications for promoting innovation. The workshop will be held on May 26, 2010 and is…
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By Donald Zuhn — The U.S. Patent and Trademark Office announced today that it is providing a new contingency option for its electronic filing system (EFS-Web) for use when the primary portal to the EFS-Web has an unscheduled outage. In a notice published in the Federal Register (75 Fed. Reg. 27986), the Office stated…
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By Kevin E. Noonan — At the end of last month, the U.S. Trade Representative, Ron Kirk, issued the 2010 Special 301 Report, which according to the USTR website "reflects the Administration's resolve to encourage and maintain effective [Intellectual Property Rights (IPR)] protection and enforcement worldwide" by identifying "a wide range of serious concerns,…
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By Kevin E. Noonan — It has been a staple of introductory civil procedure exams to include a complicated fact pattern that, at root, leads to a determination that the lawsuit should be dismissed for failure to state a claim for which relief can be granted. The salience of such a fact pattern can…
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By Donald Zuhn — In the face of strong opposition, the House of Representatives declined to bring a bill that would provide the U.S. Patent and Trademark Office with fee-setting authority to the floor for a vote during today's legislative business session. While the text of the bill had not been made available as…
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By Donald Zuhn — Earlier today, the Intellectual Property Owners Association (IPO) reported that new legislation that would provide the U.S. Patent and Trademark Office with fee-setting authority will be brought to the floor of the House of Representatives for a vote during its legislative business session on Tuesday. The bill, entitled the "Patent…
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By Kevin E. Noonan — In Ortho-McNeil Pharmaceutical, Inc. v. Lupin Pharmaceuticals, Inc., the Federal Circuit has rendered a decision on the question of whether separate enantiomers can have "first commercial marketing or use" status for purposes of patent term extension under 35 U.S.C. § 156. The Hatch-Waxman regime for patent term extension (the…
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By Donald Zuhn — Last month, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warranted en banc consideration, and asked the parties to brief ten questions concerning the issue of inequitable conduct (see "Federal Circuit Grants En Banc Review in Therasense v.…
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May 18, 2010 – "The Role of Patent Agents in Intellectual Property in the Changing Economy" (Intellectual Property Law Association of Chicago) – Chicago, IL May 20, 2010 – "The Federal Circuit: A National Court of Appeals: Approaching 30 Years" (U.S. Court of Appeals for the Federal Circuit) – Washington, DC May 24-25, 2010 –…
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