Patent Law Weblog
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- Constellation Designs, LLC v. LG Electronics Inc. (Fed. Cir. 2026)
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- PTAB Reverses § 101 Rejection Where Examiner Failed to Follow the Office’s Own Guidance
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Month: June 2010
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By Donald Zuhn — In a press release issued on Wednesday, the Biotechnology Industry Organization (BIO) recalled the Supreme Court's landmark decision in Diamond v. Chakrabarty, which was issued thirty years ago on June 16, 1980. In Chakrabarty, the Court determined (by a 5-4 vote) that a genetically engineered Pseudomonas bacterium capable of breaking…
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By James DeGiulio — Medicis' Solodyn Patent Upheld on Reexamination The U.S. Patent and Trademark Office has issued a reexamination certificate reaffirming Medicis' U.S. Patent No. 5,908,838 covering the skin treatment Solodyn. The '838 patent, which issued in June 1999 and has been asserted in several infringement suits, covers a slow-dissolving form of tetracycline,…
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By Kevin E. Noonan — Myriad Genetics, for itself as well as the named defendant Directors of the University of Utah Research Foundation, filed a Notice of Appeal today in Association for Molecular Pathology v. U.S. Patent and Trademark Office. As a consequence, the decision by Judge Robert Sweet holding that patents to human…
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By Andrew Williams — Last month, in Photocure ASA v. Kappos, the Federal Circuit affirmed the decision by the U.S. District Court for the Eastern District of Virginia that methyl aminolevulinate hydrochloride ("MAL hydrochloride"), brand name Metvixia®, is entitled to patent term extension pursuant to 35 U.S.C. § 156. Metvixia® was approved by the…
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By Donald Zuhn — In a press conference held earlier this month, U.S. Patent and Trademark Office Director David Kappos presented a proposal for a new patent examination initiative — the "Three-Track" program — for which the Office has begun seeking comment (see "USPTO Director Announces New Examination Options"). Following the press conference, the…
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By James DeGiulio — Recently, we reported that a research team led by Dr. Craig Venter had developed a "synthetic cell" controlled by purely synthetic DNA (see "Dr. Craig Venter Creates First Cell Controlled Entirely by Synthetic DNA"). To evaluate the significance of the discovery, the journal Nature asked eight synthetic-biology experts about the…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Allergan Inc. et al. v. Paddock Laboratories Inc.1:10-cv-00501; filed June 9, 2010 in the District Court of Delaware • Plaintiffs: Allergan Inc.; Allergan USA Inc.; Allergan Sales LLC; Endo Pharmaceuticals Solutions Inc.; Supernus Pharmaceuticals…
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June 15, 2010 – Patent Reform 2010: What Shape Will It Finally Take? (Analysis Group, Georgetown University's Center for Business and Public Policy, and McKool Smith) – Washington, DC June 16-18, 2010 – Fundamentals of Patent Prosecution 2010: A Boot Camp for Claim Drafting & Amendment Writing (Practising Law Institute) – New York, NY June…
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By Kevin E. Noonan — On Monday, the U.S. Patent and Trademark Office granted an ex parte reexamination request for U.S. Patent No. 5,925,803, the latest-filed and last-granted member of the Harvard Oncomouse patent family. Remarkable about the petition is that the third party requester (TPR), Ellen Gonzales of Gonzales Patent Services, contends that…
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By James DeGiulio — Endo Settles with Impax and Sandoz in Opana Patent Suits Endo Pharmaceuticals Inc. has settled patent infringement suits against Sandoz Inc. and Impax Laboratories Inc. over generic versions of painkiller Opana ER. The agreement allows Impax to begin selling a version of the drug on January 1, 2013, and allows Sandoz to enter the…
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