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: June 2010
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By Donald Zuhn — Last week, the Court of Appeals for the Federal Circuit issued an order setting a date for oral argument en banc in Therasense, Inc. v. Becton, Dickinson & Co. The order indicates that oral argument will take place on November 9, 2010 at 10:00 am in courtroom 201. In April,…
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By Donald Zuhn — In March, the District Court for the Southern District of New York found the claims of several of Myriad Genetics patents (directed to the BRCA1 and BRCA2 genes) invalid, ruling in favor of the plaintiffs in Association of Molecular Pathology v. U.S. Patent and Trademark Office (see "Round One Goes…
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By Damian Slizys — Following the discussion in Patent Docs of the Australian Senate's gene patent inquiry last December (see "Gene Patenting: Australian Potpourri"), we now expect the findings of the Senate enquiry to be set down on 17 June 2010, following two extensions of time. The inquiry was allegedly initiated, in part, because…
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Further Adventures in Obviousness and Inequitable Conduct By Kevin E. Noonan — In Purdue Pharma Products L.P. v. Par Pharmaceutical, Inc., the Federal Circuit exercised its prerogative to illustrate its fractured jurisprudence on two issues, obviousness and inequitable conduct, in a (fortunately) nonprecedential decision. Contrary to its Congressional mandate to bring jurisprudential consistency to…
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By James DeGiulio — Last week, 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") Dr. Venter and co-author Dr. Daniel Gibson have written an op-ed piece that was recently…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Shire LLC et al. v. Anchen Pharmaceuticals Inc. et al.1:10-cv-00484; filed June 2, 2010 in the District Court of Delaware • Plaintiffs: Shire LLC; Supernus Pharmaceuticals Inc.; Amy F.T. Arnsten PhD; Pasko Rakic MD;…
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June 10, 2010 – "Patents and the Written Description Requirement: Meeting Section 112 Disclosure Obligations After Ariad v. Lilly" (Strafford) – 1:00 – 2:30 PM (EST) June 11, 2010 – "The Future of U.S. Patent Law: An In-Depth Discussion on the Congress, the Courts, and the USPTO" (Patent Resources Group) – Alexandria, VA June 15,…
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American Conference Institute (ACI) will be holding a conference entitled "The Life Sciences Lawyer's Guide to Patent Term Adjustment and Patent Term Extensions" on August 18-19, 2010 in New York, NY. ACI faculty will help attendees: • Understand the unique role of PTE and PTA in patent life cycle management for the life sciences industry;•…
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By Kevin E. Noonan — Undersecretary of Commerce and U.S. Patent and Trademark Office Director David Kappos today announced a three tiered patent prosecution regime, termed "Three Track" to be instituted in the Office. The scheme will be implemented as rulemaking pursuant to 35 U.S.C. § 2 and after a Notice and Comment period…
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By James DeGiulio — Celgene, Barr Resolve Patent Dispute over Generic Thalomid Celgene Corp. and Barr Laboratories Inc. have resolved their patent dispute over the multiple myeloma cancer drug Thalomid, with Celgene agreeing to drop its patent infringement claims and Barr dropping its invalidity and antitrust claims. Celgene initiated the dispute in January 2007,…
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