Patent Law Weblog
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- 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: August 2010
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By Tim Peterson — The Federal Circuit will soon be addressing the issue of patentable subject matter as it relates to biotechnology patents in a trilogy of cases: Prometheus Laboratories, Inc. v. Mayo Collaborative Services, Classen Immunotherapies, Inc. v. Biogen Idec, and Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad"). In the…
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By Alejandro Luna — On Friday, August 13, 2010, the Mexican Trademark and Patent Office (IMPI) made available through its website the new edition of the Linkage Gazette (Mexican health and IP law regulations require IMPI to publish a gazette every six months listing patents in force that cover allopathic drugs). Regrettably, IMPI decided to…
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By Kevin E. Noonan — The American Bar Association (ABA) has filed a brief in the Therasense, Inc. v. Becton, Dickinson & Co. case, in support of neither party but arguing forcefully that the current state of the Federal Circuit's jurisprudence on inequitable conduct is in need of correction. The brief follows a recommendation from the…
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By Juan Serrano — Following up on the note for future regulations to approve biotechnological drugs in Mexico (see "Mexico to Issue Regulations for Approval of 'Biocomparable' Drugs"), documents with comments have been uploaded to the official website of the Federal Commission for Regulatory Improvement (COFEMER). The first of these documents is an official communication…
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By James DeGiulio — Genzyme's manufacturing problems with their $300,000 per year drug Fabrazyme have prompted patients who depend on the enzyme replacement drug to ask that Health and Human Services (HHS) Secretary Kathleen Sebelius exercise the government's "march-in rights" under the Bayh-Dole Act. The 1980 law empowers the federal agency funding the research, here…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Pfizer Inc. et al. v. Actavis Group Hf et al.1:10-cv-00675; filed August 11, 2010 in the District Court of Delaware • Plaintiffs: Pfizer Inc.; Pfizer Ireland Pharmaceuticals; Warner Lambert Co.; Warner Lambert Co. LLC• Defendants: …
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August 16-17, 2010 – Advanced Patent Prosecution Workshop 2010: Claim Drafting & Amendment Writing (Practising Law Institute) – San Francisco, CA August 17, 2010 – "Bilksi: The Impact of the Final Decision on University TTOs" (Technology Transfer Tactics) – 1:00 – 2:30 PM (EDT) August 18-19, 2010 (Postponed to January 26-27, 2011) – The Life…
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Practising Law Institute (PLI) will be holding five live sessions of its Patent Litigation 2010 seminar this fall in San Francisco (September 20-21), McLean, VA (October 4-5), Chicago (October 14-15), Atlanta (November 8-9), and New York (November 15-16). In addition, Groupcasts will be held in Philadelphia, Pittsburgh, and Mechanicsburg, PA on November 15-16. Each session…
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Practising Law Institute (PLI) will be holding three live sessions of its Advanced Patent Licensing 2010: Current Developments and Best Practices seminar this fall in Chicago (September 30), San Francisco (October 25), and New York (November 8). In addition, Groupcasts will be held in Atlanta, Philadelphia, Pittsburgh, and Mechanicsburg, PA on November 8. Each session…
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Inherent Anticipation and Inherent Obviousness? By Andrew Williams — Last week, in King Pharmaceuticals, Inc. v. Eon Labs, Inc., the Federal Circuit affirmed a grant of summary judgment of invalidity of U.S. Patent Nos. 6,407,128 (the "'128 patent") and 6,683,102 (the "'102 patent"), although not necessarily for the same reasons articulated by the U.S. District…
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