Month: August 2010

  • August 5-10, 2010 – 2010 ABA Annual Meeting (American Bar Association) – San Francisco, CA August 11, 2010 – "Bilski: Implications of the Supreme Court's Long-Awaited Ruling:  Strategies for Prosecuting or Challenging Patent Process Claims Going Forward" (Strafford) – 1:00 – 2:30 PM (EDT) August 16-17, 2010 – Advanced Patent Prosecution Workshop 2010: Claim Drafting…

  • By Kevin E. Noonan — The U.S. Patent and Trademark Office has acted promptly to comply with Judge Claude Hilton's Order earlier this week that the Office accept The Medicines Company (MDCO) Patent Term Extension Request for U.S. Patent No. 5,196,404, by granting the patent an interim patent term extension.  In responding to the Order,…

  • By Donald Zuhn — Last week, the Senate Appropriations Committee managed to accomplish something that the Senate as a whole could not:  pass an appropriations bill containing a pay-for delay (or reverse payment) provision.  Only one week earlier, the Senate had voted in favor of the House "2010 Supplemental Appropriations Act" (H.R. 4899), but not…

  • By Kevin E. Noonan — Yesterday, Judge Claude M. Hilton, District Court Judge for the Eastern District of Virginia, handed The Medicines Company (MDCO) a victory in its long-standing dispute with the U.S. Patent and Trademark Office over the timeliness vel non of its Patent Term Extension Request for its patent on the blockbuster drug…

  • By Kevin E. Noonan — Last Friday, sanofi-aventis and Microsoft joined in filing an amicus curiae brief with the Federal Circuit in the Therasense, Inc. v. Becton, Dickinson & Co. case.  The brief, filed in support of appellants and urging the en banc Court to reverse the three-judge panel's affirmance of inequitable conduct against Abbott,…

  • By Kevin E. Noonan — The Intellectual Property Owners Association (IPO) filed an amicus curiae brief last week in the Therasense, Inc. v. Becton, Dickinson & Co. case.  The brief, filed in support of neither of the parties to the underlying lawsuit, clearly stated the IPO's position that Federal Circuit jurisprudence on inequitable conduct had…

  •     By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Cima Labs, Inc. et al. v. Mylan Pharmaceuticals Inc.1:10-cv-00117; filed July 28, 2010 in the Northern District of West Virginia • Plaintiffs:  Cima Labs, Inc.; Azur Pharma Ltd.; Azur Pharma International III Ltd.• Defendant: …

  • August 5, 2010 – "Patent Term Extension: The Next Chapter" (Intellectual Property Owners Association) – 2:00 PM (EDT) August 5-10, 2010 – 2010 ABA Annual Meeting (American Bar Association) – San Francisco, CA August 11, 2010 – "Bilski: Implications of the Supreme Court's Long-Awaited Ruling:  Strategies for Prosecuting or Challenging Patent Process Claims Going Forward"…