Patent Law Weblog
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- 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?
- United States Files Statement of Interest in Patent Infringement Proceedings
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Month: March 2011
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By Donald Zuhn — In February, inovia released its 2011 report on global IP trends. In compiling the report, inovia, which produces products for PCT national phase entry, European patent validation, and patent translations, surveyed nearly 150 U.S. companies to examine how the U.S. economy has impacted the foreign filing strategies of U.S. patentees. The…
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By Kevin E. Noonan — The "America Invents Act" (S. 23; aka the patent reform bill) makes significant changes in the power of an assignee, or someone who has obligated an inventor to assign, to file an application without obtaining an oath or declaration (or even permission or knowledge) of the inventor, raising an interesting…
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By James DeGiulio — Watson Invalidates Cephalon's Fentora Patents Watson Pharmaceuticals won a substantial victory in its lawsuit with Cephalon over Fentora when the generic drugmaker successfully established that two of three asserted patents covering the drug are invalid. The dispute between the parties began in June 2008, when Cephalon filed suit against Watson in…
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By Kevin E. Noonan — The Senate passed S. 23 last week, which will make several significant changes in U.S. patent law if its provisions survive deliberations in the House (which is preparing its own bill). One of the most fundamental of these is the change from the current "first-to-invent" to a "first-inventor-to-file" system. In…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Braintree Laboratories, Inc. v. Novel Laboratories, Inc.3:11-cv-01341; filed March 9, 2011 in the District Court of New Jersey Infringement of U.S. Patent No. 6,946,149 ("Salt Solution for Colon Cleansing," issued September 20, 2005) following a…
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March 16-17, 2011 – FDA Boot Camp*** (American Conference Institute) – New York, NY March 18, 2011 – Intellectual Property Panel Symposium (George Washington University Law School) – San Francisco, CA April 5-6, 2011 – International Patent Forum 2011 (Managing Intellectual Property) – London, UK April 6-9, 2011 – 26th Annual Intellectual Property Law Conference…
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By James DeGiulio — Since 2009, we have been tracking the story surrounding Genzyme's enzyme replacement drug Fabrazyme, which started with a problem at Genzyme's manufacturing facilities and led to nationwide shortages of the drug. These shortages prompted Fabry patients to petition the Department of Health and Human Services to exercise march-in rights under the…
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By Donald Zuhn — On Tuesday, the Senate passed the America Invents Act (S. 23) by a 95-5 vote (see "Senate Passes S. 23"). While the provisions that made it into the bill were not entirely clear yesterday, a version of the legislation as passed was posted on the THOMAS website today. The bill moving…
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By Donald Zuhn — It took almost six years for Senate Judiciary Chairman Patrick Leahy (D-VT) to get a patent reform bill to the floor of the Senate for a vote. And after the Senate passed the most recent version of Senator Leahy's bill (S. 23) by a 95-5 vote earlier today (see "Senate Passes…
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By Kevin E. Noonan — The Senate voted today in favor of S. 23, the "America Invents Act," aka the Patent Reform Act of 2011. The vote was 95-5, with Senators Barbara Boxer (D-CA), Maria Cantwell (D-WA), Mike Crapo (R-ID), John Ensign (R-NV), and James Risch (R-ID) voting against. The version of the bill that…
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