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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By Kevin E. Noonan — The European Court of Justice (ECJ) is poised to make a decision regarding the patent-eligibility of human embryonic stem cells (hESCs) in Europe, and that decision will be "no" if the court follows the recommendation of the court's advocate general. The case began in 2004, when Greenpeace sued in German federal…
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By Donald Zuhn — H.R. 1249 Could Reach House Floor in June In Friday's IPO Daily News, the Intellectual Property Owners Association (IPO) reported that "[m]any observers" believe the House version of the America Invents Act (H.R. 1249) will reach the House floor for a vote sometime in June. While the House Judiciary Committee ordered…
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By Donald Zuhn — On Monday, the U.S. Food and Drug Administration published a notice in the Federal Register (76 Fed. Reg. 27062) requesting comments related to the development of a user fee program for biosimilar and interchangeable biological products under the approval pathway for biosimilar biological products established by the Patient Protection and Affordable…
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By Kevin E. Noonan — Under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, settlements between innovator drug companies and generic competitors must be filed with the Federal Trade Commission (FTC). On May 3rd, the Commission released a compilation of the statistics relating to these settlements. Consistent with its long-time concern with and…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Mutual Pharmaceutical Co. et al. v. West-Ward Pharmaceutical Corp.3:11-cv-02276; filed April 21, 2011 in the District Court of New Jersey • Plaintiffs: Mutual Pharmaceutical Co.; AR Scientific, Inc.; AR Holding Co.• Defendant: West-Ward Pharmaceutical Corp.…
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May 18-19, 2011 – Forum on Freedom to Operate (C5) – Munich, Germany May 23-25, 2011 – 6th International Judges Conference on Intellectual Property Law (Intellectual Property Owners Association) – Brussels, Belgium June 2, 2011 – EPO Opposition & Appeals — The Case Law (Patent Resources Group and Management Forum) – Chicago, IL June 3,…
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C5 (UK) will be holding its 10th Annual Forum on Pharma Patent Lifecycles on June 21-22, 2011 in London, England. The conference will provide practical and strategic guidance on patent lifecycle extensions, including: • The scope of SPCs for combination products and the cases referred to the ECJ;• Recent cases on SPCs in Europe —…
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By Donald Zuhn — Last week, in Billups-Rothenberg, Inc. v. Associated Regional and University Pathologists, Inc., the Federal Circuit determined that the District Court for the Central District of California had properly granted summary judgment of invalidity with respect to U.S. Patent Nos. 5,674,681 and 6,355,425. In particular, the panel affirmed the District Court's decision…
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By James DeGiulio — Seroquel Suit between AstraZeneca and Biovail Dismissed AstraZeneca and Biovail have agreed to end their patent dispute over Seroquel XR after Biovail converted its Paragraph IV certification to a Paragraph III filing, thus agreeing not to market a generic version of Seroquel XR until after the expiration of the patents in…
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By Kevin E. Noonan — At the end of last month, the U.S. Trade Representative (USTR), Ronald Kirk, issued the 2011 Special 301 Report. According to the USTR website "[f]ighting [intellectual property rights, i.e.,] IPR theft in overseas markets is critical to the livelihoods of the estimated 18 million Americans who work in intellectual property-intensive…
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