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: September 2010
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By Donald Zuhn — On Wednesday, U.S. Patent and Trademark Office Director David Kappos announced that the USPTO was instituting a Patent Examiner Technical Training Program (PETTP) that would formalize the process by which the Office seeks public assistance in providing technical training to patent examiners. The new program is intended to provide scientists and…
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By Donald Zuhn — With fall fast approaching, it appears that patent reform legislation has returned from a lengthy summer vacation and once again is a topic of conversation, at least in the Senate. In the latest effort to secure passage of the Senate patent reform bill (S. 515), a group of 25 Senators led…
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By Donald Zuhn — On June 29, one day after issuing its decision in Bilski v. Kappos, the Supreme Court granted certiorari, vacated the Federal Circuit's decision below, and remanded to the appellate court two cases concerning medical diagnostic claims: Prometheus Laboratories, Inc. v. Mayo Collaborative Services and Classen Immunotherapies, Inc. v. Biogen Idec (see…
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By Donald Zuhn — In Daiichi Sankyo Co. v. Matrix Laboratories, Ltd., decided last Thursday, the Federal Circuit affirmed a determination by the District Court for the District of New Jersey that Matrix Laboratories, Ltd., Mylan Inc., Mylan Laboratories, Inc., and Mylan Pharmaceuticals, Inc. ("Mylan") failed to establish a prima facie case of obviousness with…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Abbott Laboratories et al. v. Teva Pharmaceutical Industries Ltd. et al.1:10-cv-00766; filed September 8, 2010 in the District Court of Delaware • Plaintiffs: Abbott Laboratories; Abbott Respiratory LLC• Defendants: Teva Pharmaceutical Industries Ltd.; Teva Pharamceuticals…
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September 12-14, 2010 – 2010 Annual Meeting (Intellectual Property Owners Association) – Atlanta, GA September 15, 2010 – Prior Art & Obviousness 2010: Current Trends in Sections 102 & 103 (Practising Law Institute) – San Francisco, CA September 16, 2010 – Developments in Pharmaceutical and Biotech Patent Law 2010 (Practising Law Institute) – New York,…
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American Conference Institute (ACI) will be holding its European Pharmaceutical Regulatory Law Boot Camp from November 15-16, 2010 in New York. The conference will allow attendees to: • Master the essentials of the different modes of the European drug approval process, including Centralized Procedure through the European Medicines Agency (EMA);• Understand the role of the…
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By James DeGiulio — Eisai's Motion to Dismiss Granted in Aricept Suit with Apotex Apotex's Abbreviated New Drug Application (ANDA) to market a generic version of Aricept remains unapproved following the dismissal of the generic drug company's declaratory judgment suit seeking invalidity or noninfringement of Eisai's patent on the drug. In 2003, Ranbaxy was the…
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By Donald Zuhn — Last week, the U.S. Patent and Trademark Office issued an update to its obviousness guidelines, publishing a notice in the Federal Register (75 Fed. Reg. 53644) that highlights case law developments on obviousness since the Supreme Court's 2007 decision in KSR Int'l Co. v. Teleflex Inc. The update supplements the Office's…
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In re Ciprofloxacin Antitrust Litigation By Kevin E. Noonan — The Second Circuit on Monday denied plaintiffs' petition for rehearing en banc of its decision that the "reverse payment" agreement between Bayer and Barr over ciprofloxacin hydrochloride (Cipro®) was not anticompetitive under the antitrust laws. One judge, Rosemary S. Pooler, dissented from the decision, as…
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