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Month: February 2012
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By Kevin E. Noonan — On Friday, Judge Naomi Reice Buchwald presiding in the Southern District of New York granted Monsanto's motion to dismiss a case brought by the Public Patent Foundation (PubPat) on behalf of "farmers and seed businesses, both organic and non-organic, as well as related membership organizations." Organic Seed Growers and Trade…
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By Donald Zuhn — Today, the Federal Circuit affirmed a decision by the Board of Patent Appeals and Interferences holding that in an interference between Pioneer Hi-Bred International's U.S. Patent No. 6,258,999 and Monsanto Technology's U.S. Application No. 11/151,700, Monsanto was not time-barred under 35 U.S.C. § 135(b)(1) and Monsanto's '700 application claims were entitled…
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By James DeGiulio — Earlier this month, the U.S. Food and Drug Administration recently published its long-awaited guidance documents on Biosimilars/Biosimilarity (see "FDA Publishes Draft Guidelines for Biosimilar Product Development" and "More on FDA Draft Guidelines for "Follow-on" Biologic Drug Approval Pathway"). Some of the first public statements made by the FDA regarding these newly-published…
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By Kevin E. Noonan — On February 9th, Congressman Bobby Rush (former "defense minister" of the Black Panther Party and representative for the Illinois 1st Congressional District; at right) joined Congressman Henry Waxman (below) in introducing the latest legislative measure directed at preventing reverse payment settlements of lawsuits under 35 U.S.C. § 271(e)(2) between branded…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cellectis S.A. v. Precision Biosciences Inc.1:12-cv-00204; filed February 21, 2012 in the District Court of Delaware Declaratory judgment of invalidity and non-infringement of U.S. Patent Nos. 8,119,361 ("Methods of Cleaving DNA with Rationally-Designed Meganucleases," issued…
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February 27-29, 2012 – Life Sciences Collaborative Agreements and Acquisitions*** (American Conference Institute) – New York, NY February 28-29, 2012 – Medical Device Patents*** (American Conference Institute) – Boston, MA March 6, 2012 – Biotechnology/Chemical/Pharmaceutical (BCP) Customer Partnership Meeting (U.S. Patent and Trademark Office) – 9:30 am – 4:00 pm (ET) March 14-15, 2012 –…
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The Connecticut, New Jersey, New York, and Philadelphia Intellectual Property Law Associations will be holding their 28th Annual Joint Patent Practice Seminar on April 17, 2012 in New York, NY. The seminar will consist of five panels: America Invents Act and USPTO Practice, Pharmaceuticals/Life Sciences, Licensing/Foreign Practice/ITC, Ethics, and Litigation with each panel addressing a…
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By Andrew Williams — Last week, in AstraZeneca Pharmaceutical LP v. Intellipharmaceutics Corp., Civil Action No. 11-2973 (JAP), Judge Pisano of the U.S. District Court for the District of New Jersey dismissed a Hatch-Waxman Act patent infringement action based on a lack of personal jurisdiction because the ANDA filer did not have the requisite minimum…
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By Donald Zuhn — Earlier this month, the U.S. Patent and Trademark Office announced that the Office and eight other patent offices had agreed to implement an enhanced Patent Prosecution Highway (PPH) pilot program. The new pilot builds off an enhanced PPH framework that went into effect in July (see "USPTO Expands Patent Prosecution Highway").…
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By Donald Zuhn — Last week, President Obama unveiled his 2013 budget, and at least with respect to aspects of the budget proposal that would impact drugmakers, the President's 2013 proposal looks a lot like his 2012 proposal. In a section of the budget proposal entitled "Health Savings," the Administration sets forth eighteen proposals, the…
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