Month: September 2010

  • By Kevin E. Noonan — Today the Federal Circuit reversed a priority determination in an interference over claims to human beta-interferon, in an opinion teeming with irony, déjà vu, anachronism, and the peculiar effects on outcome caused by the form of interference counts. Two interferences, Nos. 105,334 and 105,337 between Junior Party David Goeddel and…

  • By Kevin E. Noonan — The old proverb "success has many fathers, while failure is an orphan" comes to mind when considering the Federal Circuit's decision in Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc.  In the Court's decision, repeated failures, even by Lilly scientists in developing its osteoporosis drug Evista® (raloxifene hydrochloride), were…

  • By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Pfizer Inc., et al.v. Mylan Inc. et al.1:10-cv-06463; filed August 20, 2010 in the Southern District of New York • Plaintiffs:  Pfizer Inc.; Pfizer Products Inc.; C.P. Pharmaceuticals International C.V.• Defendants:  Mylan Inc.; Mylan Pharmaceuticals…

  • September 7-9, 2010 – BioPatent Design (Pharma IQ) – Munich, Germany September 8, 2010 – Biotechnology/Chemical/Pharmaceutical (BCP) Customer Partnership Meeting – 10:00 am – 4:15 pm 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 &…

  • The Intellectual Property Law Association of Chicago will be holding its Patent Law Symposium 2010 from 8:45 am to 5:00 pm on October 1, 2010 at the Union League Club of Chicago.  The Symposium will offer presentations on the following topics: • Life Under the N.D. of Illinois Local Patent Rules and Jury Instructions —…

  • The George Washington University Law School Intellectual Property Law Program will be holding a seminar on "Patentable Subject Matter: 35 USC § 101" from 9:30 am to 12:45 pm (EDT) on September 20, 2010 at The George Washington University Law School, 716 20th Street NW in Washington, DC.  The seminar will offer presentations on the…

  • By James DeGiulio — Sepracor Settles with Wockhardt in Lunesta Patent Suit Sepracor has reached a consent agreement with Wockhardt, thus settling its infringement suit over the sleep drug Lunesta. In March 2009, Sepracor brought suit in the U.S. District Court for the District of New Jersey against several generic companies who intended to make…

  • By Donald Zuhn — The U.S. Court of Appeals for the Federal Circuit issued an Order today in Eli Lilly & Co. v. Actavis Elizabeth LLC, granting Lilly's request for an injunction to prevent Defendants-Appellees from launching generic versions of Lilly's ADHD drug Strattera® until Lilly's appeal has been resolved.  On August 25, Lilly filed…