Patent Law Weblog
recent posts
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
- BioNTech Sues Moderna over mRNA Vaccine Technology
- CNIPA Issues Letter on Identity of Foreign Inventors
about
Month: July 2011
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Pfizer Inc. et al. v. Hetero Drugs Ltd. et al.1:11-cv-05135; filed July 26, 2011 in the Southern District of New York • Plaintiffs: Pfizer Inc.; Pfizer Ltd.; Pfizer Ireland Pharmaceuticals• Defendants: Hetero Drugs Ltd.; Hetero…
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August 4-7, 2011 – 2011 Annual Meeting (American Bar Association) – Toronto, Ontario August 15-19, 2011 – Intellectual Property Law Summer School 2011 (IBC Legal) – Cambridge, UK August 16-18, 2011 – The Bilski Impact: Procuring & Enforcing Software, Business Methods & Bioinformatics Patents (Patent Resources Group) – Alexandria, VA and Southfield, MI September 6-7,…
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By Kevin E. Noonan — On the very day that the Federal Circuit rendered its decision in Association for Molecular Pathology v. U.S. Patent and Trademark Office (the Myriad case), Plaintiffs sent a letter to the Court responding to an allegation regarding the standing issue in the case. As discussed yesterday, Defendants' (Myriad's) counsel sent a letter to the Court contending that…
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By Kevin E. Noonan — The Federal Circuit handed down its long-anticipated decision in Association for Molecular Pathology v. U.S. Patent and Trademark Office (the Myriad case). In an extensive and thorough opinion by Judge Lourie (only appropriate in a case where the District Court's opinion reached 156 pages), the Court affirmed the District Court's decision…
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By Kevin E. Noonan — As discussed yesterday, a panel of the Federal Circuit seemingly expanded the scope of the written description requirement in its Boston Scientific Corp. v. Johnson & Johnson decision. At issue was the extent of disclosure required for combination claims, i.e., inventions combining components known in the art to produce a…
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By Kevin E. Noonan — As anyone following the AMP v. USPTO (Myriad) case will appreciate, one of the the grounds for appeal by Defendant Myriad is that the plaintiffs do not have standing to bring the suit. Since the District Court declined to rule on the Constitutional issues (1st Amendment/freedom of speech and 14th…
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Federal Circuit's Expanding Application of the Written Description Requirement By Kevin E. Noonan — Last month, the Federal Circuit affirmed a District Court finding on summary judgment that claims relating to coronary artery stents coated with rapamycin analogs were invalid for failure to satisfy the written description requirement. The technology relates to drug-eluting coronary artery…
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By Kevin E. Noonan — The doctrine of equivalents, and the extent to which prosecution history estoppel limits application of the doctrine, was perhaps the issue that prompted the Supreme Court to start its decade-long review (and, generally, reversal) of Federal Circuit precedent (in cases like eBay Inc. v. MercExchange, L.L.C., KSR Int'l Co. v.…
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By James DeGiulio — Last year we reported that gene therapy was experiencing a revival of sorts, now that many of the safety concerns raised from early clinical trials have been resolved (see "Gene Therapy Experiencing a Revival"). However, this revival has not yet produced marketable therapeutics, as the FDA has yet to approve a…
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By Donald Zuhn — On Thursday, the Senate Judiciary Committee reported the Preserve Access to Affordable Generics Act (S. 27) out of committee without amendment by a 10-8 vote. The bill, which was introduced by Senator Herb Kohl (D-WI) (at right) in February (see "Sen. Kohl Introduces Bill to Prohibit Reverse Payments"), is designed to…
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