Patent Law Weblog
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- Constellation Designs, LLC v. LG Electronics Inc. (Fed. Cir. 2026)
- Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2026)
- PTAB Reverses § 101 Rejection Where Examiner Failed to Follow the Office’s Own Guidance
- Collision Communications v. Samsung: What Good Did the Government’s Statement of Interest Do?
- United States Files Statement of Interest in Patent Infringement Proceedings
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Month: February 2012
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By Donald Zuhn — On Thursday, the U.S. Patent and Trademark Office will hold the first of two hearings on independent second opinion genetic diagnostic testing where patents and exclusive licenses exist that cover primary genetic diagnostic tests. The Office is holding the hearings to collect information for the preparation of a report to Congress…
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By Kevin E. Noonan — Last Thursday, the U.S. Food and Drug Administration issued draft guidances pursuant to its authority under the Biologics Price Competition and Innovation Act of 2009 (see "FDA Publishes Draft Guidelines for Biosimilar Product Development"). The draft guidances are intended by the agency to implement the follow-on biologic drug pathway mandated…
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By Donald Zuhn — Last November, officials from the U.S. Patent and Trademark Office indicated that ten notices of proposed rulemaking to implement various provisions of the Leahy-Smith America Invents Act were being drafted and vetted by the Office, and that the notices would be published in January 2012 (see "USPTO News Briefs"). By the…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Purdue Pharma L.P. et al. v. Sandoz Inc.1:12-cv-00897; filed February 3, 2012 in the Southern District of New York • Plaintiffs: Purdue Pharma L.P., The P.F. Laboratories, Inc., Purdue Pharmaceuticals L.P., Rhodes Technologies, Board of…
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By Jon Gowshall & Charlotte Fox — Background The invention protected by a patent is defined in the claims. Those claims must be new — they must not cover anything previously published. The applicant can amend the claims during prosecution of a patent application to grant, particularly to avoid newly-discovered earlier publications, covered by the…
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February 13-14, 2012 – China IP Counsel Forum (C5) – Shanghai, China February 14, 2012 – New Supplemental Examination: USPTO Outlines New Rules (Strafford) – 1:00 – 2:30 pm (EST) February 15, 2012 – Effects of the AIA on Valuation, Licensing & Acquisitions (American Intellectual Property Law Association) – 12:30 – 1:30 pm (Eastern) February…
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The U.S. Patent and Trademark Office has announced the agenda for the next biotechnology/chemical/ pharmaceutical (BCP) customer partnership meeting to be held on March 6, 2012. The proposed agenda is as follows: Morning Session • Meet & Greet and Opening Remarks (9:30 – 10:00 am ET): George Elliott, Wanda Walker, and Dan Sullivan (Acting), Directors,…
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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar on the "Impact of the America Invents Act on Patent Litigation Strategy" on February 23, 2012 from 10:00 am to 11:15 am (CT). Grantland Drutchas and Patrick Gattari will provide an overview of the impact of the new patent law on litigation, and…
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The John Marshall Law School Center for Intellectual Property Law will be holding its 56th Annual Intellectual Property Law Conference on February 24, 2012 in Chicago, IL. The conference will consist of the following sessions: • Recent Developments in Intellectual Property Law;• Bernard Knight, General Counsel, U.S. Patent & Trademark Office will present a luncheon…
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By Andrew Williams — On Thursday, the Federal Circuit affirmed the dismissal of a § 271(e)(2) patent infringement action based on method-of-use claims because the ANDA filer was only seeking FDA approval for non-patented uses. In AstraZeneca Pharms. LP v. Apotex Corp., the Court held that alleging infringement under 35 U.S.C. § 271(e)(2) was sufficient…
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