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: April 2012
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By Kevin E. Noonan — The practice of "reverse payments" in ANDA litigation (where, typically, the branded drug manufacturer settles litigation brought under 35 U.S.C. § 271(e)(2) with a generic challenger) have been a thorn in the side of the Federal Trade Commission for several years. Despite judicial, legislative, and administrative attempts to ban the…
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By Donald Zuhn — In an order issued by the Federal Circuit this morning in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad"), the Court has requested that the parties file simultaneous supplemental briefs of not more than 20 pages by June 15, 2012 to address the following issue: What is the…
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By Donald Zuhn — On April 20th, the U.S. Patent and Trademark Office published a notice in the Federal Register (77 Fed. Reg. 23662) requesting comments as to whether the U.S. should bar certain patent applications from publication and issuance as "detrimental to the nation's economic security." The notice also seeks comments regarding changes to…
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May 1, 2012 – Prometheus in the Post-Bilski Age: Patentable Subject Matter Under Continued Attack (Strafford) – 1:00 – 2:30 pm (EDT) May 2, 2012 – Patent Prosecution under the AIA: Strategies for Before, During and After the Transition to First-Inventor-to-File (American Intellectual Property Law Association) – 12:30 – 2:00 pm (Eastern) May 2, 2012…
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Of 'Use' and Labels: Recent Appellate Decisions in Hatch-Waxman Litigation" on May 3, 2012 beginning at 2:00 pm (ET). A panel consisting of James Hurst of Winston & Strawn, LLP; Andrea Kamage of Johnson & Johnson; and Christina Markus of King & Spalding…
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The Association of American Law Schools (AALS) will be holding its 2012 MidYear Meeting on June 8-12, 2012 Berkeley, CA. The MidYear Meeting will consist of two workshops, the latter entitled: "Workshop on When Technology Disrupts Law: How Do IP, Internet and Bio Law Adapt?" The latter workshop will take place from June 10-12. According…
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By Kevin E. Noonan — A large part of the debate on patenting genetic diagnostic method and isolated genes has revolved around the effects of such patents on what is loosely termed "personalized medicine." Personalized medicine can be summarized as a dream/holy grail/GATTACA future of universal genetic information — every infant having her genomic DNA…
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By Sherri Oslick — In an effort to catch up with recently filed biotech and pharma cases, Patent Docs presents this additional installment of Court Report. Depomed Inc. et al. v. Watson Laboratories Inc. Florida et al.1:12-cv-00492; filed April 18, 2012 in the District Court of Delaware • Plaintiffs: Depomed Inc.; Valeant International (Barbados) SRL•…
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By James DeGiulio — In February, the U.S. Food and Drug Administration published three draft guidance documents on biosimilars and the abbreviated biosimilar approval pathway created by the Biologics Price Competition and Innovation Act of 2009 ("ABLA pathway") (see "FDA Publishes Draft Guidelines for Biosimilar Product Development"). The FDA provided a 60 day period for…
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By Sherri Oslick — In an effort to catch up with recently filed biotech and pharma cases, Patent Docs presents this additional installment of Court Report. Purdue Pharma, L.P. et al. v. Varam, Inc. et al.2:12-cv-01898; filed April 12, 2012 in the Eastern District of Pennsylvania • Plaintiffs: Purdue Pharma, L.P.; The P.F. Laboratories, Inc.;…
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