Month: February 2012

  • By James DeGiulio — The U.S. Food and Drug Administration published its long-awaited draft guidance on the development of biosimilar products today (see FDA press release), taking a significant step toward the utilization of § 351(k) of the Public Health Service Act (amended by the Biologics Price Competition and Innovation Act (BPCIA)).  Section 351(k) creates…

  • By Andrew Williams — On January 25, 2012, the U.S. Patent and Trademark Office published its notice of proposed rulemaking to implement the supplemental examination provisions of the Leahy-Smith America Invents Act ("the AIA") (77 Fed. Reg. 3666).  This is one of the ten notices that the Office plans to publish to implement the various…

  • By Donald Zuhn — Today, the Federal Circuit affirmed a decision by the Board of Patent Appeals and Interferences holding that claim 24 of Appellants' application, which was involved in an interference with Appellees' patent, was barred under 35 U.S.C. § 135(b)(1).  That section states that: A claim which is the same as, or for…

  • By Donald Zuhn — Last month, the U.S. Patent and Trademark Office announced that it was extending its Patent Prosecution Highway (PPH) pilot program based on Patent Cooperation Treaty (PCT) work products (i.e., PCT-PPH pilot program) with the European Patent Office for two more years.  The USPTO similarly announced that it was extending the PCT-PPH…

  • By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Abbott Laboratories et al. v. Sandoz Inc.1:12-cv-00103; filed January 30, 2012 in the District Court of Delaware • Plaintiffs:  Abbott Laboratories; Abbott Respiratory LLC• Defendant:  Sandoz Inc. Infringement of U.S. Patent Nos. 6,080,428 ("Nicotinic Acid…

  • February 8, 2012 – Corporate Intellectual Property Law Conference (Law Bulletin Publishing Co.) – Chicago, IL February 14, 2012 – New Supplemental Examination: USPTO Outlines New Rules (Strafford) – 1:00 – 2:30 pm (EST) February 13-14, 2012 – China IP Counsel Forum (C5) – Shanghai, China February 15, 2012 – Effects of the AIA on…

  • Navigant will be hosting a IP roundtable on the "Gene Patenting in the U.S. after Myriad" on February 23, 2012 from 12:00 to 1:30 pm at Navigant's offices in Chicago, IL.  The roundtable will be moderated by Thomas J. Filarski of Steptoe & Johnson LLP.  There is no registration fee for the roundtable, but those…

  • Strafford will be offering a webinar entitled "New Supplemental Examination: USPTO Outlines New Rules" on February 14, 2012 from 1:00 – 2:30 pm (EST).  Scott A. McKeown of Oblon Spivak McClelland Maier & Neustadt and Professor Lisa A. Dolak of Syracuse University College of Law will discuss the new supplemental examination proceeding, the mechanics of…

  • The Intellectual Property Law Association of Chicago (IPLAC) Patent Agents Committee will be offering a lunch and learn event on "Invention Disclosures and the America Invents Act" on February 17, 2012 from 12:00 to 3:00 pm (Central) in Room 1200A at the John Marshall Law School in Chicago, IL.  Timothy J. Engling of Miller Canfield…

  • The American Intellectual Property Law Association (AIPLA) will be offering a web-based program on the "Effects of the AIA on Valuation, Licensing & Acquisitions" on February 15, 2012 from 12:30 – 1:30 pm (Eastern).  Jeffrey Whittle and Michael Samardzija of Bracewell & Giuliani LLP will explore how the numerous changes to the patent system might…