Patent Law Weblog
recent posts
- Retired Judges File Amicus Brief in Support of Judge Newman
- Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs
- Teva Pharmaceuticals International v. Eli Lilly & Co. (Fed. Cir. 2026)
- USPTO Extends Artificial Intelligence Search Automated Pilot Program (ASAP!)
- USPTO Announces That It Has Turned the Corner on Unexamined Application Backlog
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Month: May 2011
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Supreme Court Renders Opinion on Induced Infringement By Kevin E. Noonan — The Supreme Court issued its opinion today in Global-Tech Appliances, Inc. v. SEB S.A., affirming the Federal Circuit decision upholding a jury verdict that defendants were liable for inducing infringement. As was the case in Bilski v Kappos, the opinion today spends little…
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By Donald Zuhn — In similar letters sent earlier today to the Chairman and Ranking Member of the House Judiciary Committee, Secretary of Commerce Gary Locke (at right) outlined the Department of Commerce's position on the House version of the America Invents Act (H.R. 1249), which was reported out of Committee almost seven weeks ago…
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By Kevin E. Noonan — The Federal Circuit delivered its en banc opinion on inequitable conduct last week in Therasense, Inc. v. Becton, Dickinson & Co. Judge O'Malley wrote separately, concurring in part with the majority while also dissenting in part, in an idiosyncratic opinion that reflects, in part, her experience. While a relative newcomer to…
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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. Sandoz Inc.1:11-cv-00424; filed May 13, 2011 in the District Court of Delaware • Plaintiffs: Abbott Laboratories; Wisconsin Alumni Research Foundation• Defendant: Sandoz Inc. Infringement of U.S. Patent No. 5,587,497 ("19-nor-Vitamin D…
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June 2, 2011 – EPO Opposition & Appeals — The Case Law (Patent Resources Group and Management Forum) – Chicago, IL June 3, 2011 – European Patents — The Case Law (Patent Resources Group and Management Forum) – Chicago, IL June 7-8, 2011 – Biosimilars*** (American Conference Institute) – New York, NY June 8, 2011…
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The National Association of Patent Practitioners (NAPP) will be holding its 2011 Annual Meeting on July 16-19, 2011 in Las Vegas, NV. An optional short-course entitled: "The Nuts & Bolts of Patent Prosecution Practice," which is structured for the patent practitioner who has 0-3 years of patent prosecution experience, will be offered on July 16. …
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By Donald Zuhn — In a statement released earlier today, the U.S. Patent and Trademark Office announced that it was "carefully studying" the Federal Circuit's "important" en banc decision in Therasense, Inc. v. Becton, Dickinson & Co. to assess its impact on agency practice and procedure, and expected to issue guidance regarding that impact "soon." …
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By Kevin E. Noonan — The Federal Circuit delivered its en banc opinion on inequitable conduct on Wednesday in Therasense, Inc. v. Becton, Dickinson & Co. Four judges dissented from that opinion, with Judge Bryson writing for his fellow Circuit Judges Gajarsa, Dyk, and Prost. Judge O'Malley wrote separately, concurring in part and dissenting in part. …
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By Donald Zuhn — One day after issuing its en banc decision in Therasense, Inc. v. Becton, Dickinson & Co., the Federal Circuit decided that the appeal in McKesson Technologies Inc. v. Epic Systems Corp. warrants en banc consideration. In the Court's per curiam order, it noted that the panel that heard the appeal considered…
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By James DeGiulio — Over the past five years, the pharmaceutical industry seems to have had little interest in developing new antibiotics despite drug-resistant bacteria representing a serious public health issue. Since the appearance of the first antibiotic-resistant bacterial strains in the 1940's, at least thirteen strains that are impervious to many antibiotics have been…
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