Month: July 2011

  • By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Medicis Pharmaceutical Corp. v. Nycomed U.S., Inc.1:11-cv-04962; filed July 19, 2011 in the Southern District of New York Medicis Pharmaceutical Corp. v. Perrigo Co., Inc.1:11-cv-04963; filed July 19, 2011 in the Southern District of New…

  • July 25-27, 2011 – Intensive Patent Law Seminar (Chisum Patent Academy) – Seattle, WA July 26, 2011 – The New Inequitable Conduct Standard in Patent Litigation: Asserting and Defending Inequitable Conduct Challenges After the Landmark Therasense Decision (Strafford) – 1:00 – 2:30 PM (EDT) August 4-7, 2011 – 2011 Annual Meeting (American Bar Association) –…

  • By Donald Zuhn — In Duramed Pharmaceuticals, Inc. v. Paddock Laboratories, Inc., the Federal Circuit today affirmed a decision by the District Court for the Southern District of New York granting summary judgment of noninfringement to Paddock Laboratories, Inc. with respect to U.S. Patent No. 5,908,638.  The '638 patent, which is assigned to Duramed, relates…

  • By Kevin E. Noonan — The U.S. Patent and Trademark Office issued a notice in the Federal Register today (76 Fed. Reg. 43631) proposing to change the Office's definition of materiality in Rule 56 and Rule 555(b) to be consistent with the materiality standard enunciated by the Federal Circuit in Therasense, Inc. v. Becton, Dickinson…

  • By Donald Zuhn — While the patent community has been focusing on Congress' efforts to enact patent reform legislation over the past few months, a number of other bills have been introduced that could, if enacted, significantly impact the biotech and pharma sectors. Stem Cell Research Advancement Act of 2011 Last month, Rep. Diana DeGette…

  • By Kevin E. Noonan — A panel of former Solicitors General and Assistant Solicitors addressed recent Supreme Court precedent in patent law during the BIO International Convention last month.  Moderated by former Federal Circuit Chief Judge Paul Michel, the panel consisted of Seth Waxman, former Solicitor General now at Wilmer Hale; Paul Clement, another former…

  • By Donald Zuhn — On Friday, the U.S. Patent and Trademark Office announced that it was revising the requirements for requesting participation in the Patent Prosecution Highway (PPH) programs with seven other patent offices.  The PPH programs being affected by the changes are those between the USPTO and the Canadian Intellectual Property Office (CIPO), IP…

  • By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Abbott Laboratories et al. v. Watson Pharmaceuticals et al.1:11-cv-00607; filed July 8, 2011 in the District Court of Delaware • Plaintiffs:  Abbott Laboratories; Abbott Respiratory LLC• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc. – Florida;…

  • July 18-19, 2011 – Hatch-Waxman Boot Camp*** (American Conference Institute) – San Diego, CA July 20, 2011 – Are Products of Nature Patentable Subject Matter? (American Bar Association) – 1:00 – 2:30 PM (Eastern) July 20-21, 2011 – Advanced Forum on Life Sciences Collaborative Agreements and Acquisitions*** (American Conference Institute) – San Francisco, CA July…

  • The American Bar Association (ABA) Section of Intellectual Property Law; Criminal Justice Section; Section of Science & Technology Law; Section of Environment, Energy, and Resources; and Center for Continuing Legal Education will be offering a live webinar entitled "Are Products of Nature Patentable Subject Matter?" on July 20, 2011 from 1:00 – 2:30 PM (Eastern). …