Month: April 2012

  •     By Andrew Williams — In a second case involving the Hatch-Waxman regulatory scheme decided by the Federal Circuit on Monday, the Court held in Bayer Schering Pharma AG v. Lupin, Ltd. that for an ANDA filing to infringe a method-of-use claim, the proposed label must indicate that the FDA has determined that the drug is…

  • 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. Allergan, Inc., et al. v. Watson Pharmaceuticals, Inc., et al.1:12-cv-00321; filed March 30, 2012 in the Middle District of North Carolina • Plaintiffs:  Allergan, Inc.; Duke University• Defendants:  Watson…

  • By Kevin E. Noonan — In a decision ripe for Supreme Court review (appropriately, this time), a fractured Federal Circuit delivered a plurality opinion in Marine Polymer Technologies, Inc. v. Hemcon, Inc. (Fed. Cir. 2012) (en banc).  The case revealed a deep division between judges taking a strict constructionist view of the patent statute (in…

  • By Andrew Williams — On Monday, in Dey Pharma, LP v. Sunovion Pharmaceuticals Inc., the Federal Circuit affirmed a District Court's conclusion that it had subject-matter jurisdiction over a declaratory judgment action of a second ANDA filer, and as a result also affirmed the District Court's final judgment of non-infringement (based on a stipulation of…

  • By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Horizon Pharma Inc. et al. v. Par Pharmaceutical Companies Inc. et al.1:12-cv-00393; filed March 28, 2012 in the District Court of Delaware • Plaintiffs:  Horizon Pharma Inc.; Horizon Pharma USA Inc.• Defendants:  Par Pharmaceutical Companies…

  • April 16-18, 2012 – Intellectual Property Counsels Committee (IPCC) Spring Conference & Meeting (Biotechnology Industry Organization) – Austin, TX April 17, 2012 – 28th Annual Joint Patent Practice Seminar (Connecticut, New Jersey, New York, and Philadelphia Intellectual Property Law Associations) – New York, NY April 18, 2012 – European Biotech Patent Law Update (D Young…

  • Practising Law Institute (PLI) will be holding its Fundamentals of Patent Prosecution 2012: A Boot Camp for Claim Drafting & Amendment Writing seminar on May 16-18, 2012 in Chicago, IL, on June 13-15, 2012 in New York, NY, and on July 11-13, 2012 in San Francisco, CA.  The three-day program, which is directed to patent…

  • The Biotechnology Industry Organization (BIO) will be holding its annual BIO International Convention on June 18-21, 2012 in Boston, MA.  Founded in 1993, BIO is a nonprofit association seeking supportive biotechnology policies on behalf of more than 1,100 biotechnology companies, state and international affiliates, and related organizations, as well as providing business development services for…

  • Elsevier Business Intelligence, CHI-California Healthcare Institute, and Merrill Datasite® will be offering a webinar entitled "Patent Reform Strategies in the Life Sciences: Assessing 'First-to-File' and Freedom to Operate under the New Rules" on May 2, 2012 from 1:00 – 2:00 pm (EDT).  Steven C. Carlson of Fish & Richardson will provide a focused overview of…

  • The Intellectual Property Owners Association (IPO) European Practice Committee will be hosting a one-day conference entitled "The America Invents Act and Beyond: International Grace Period and Post–Grant Review" on May 10, 2012 in Brussels, Belgium.  The conference will offer presentations on the following topics: Morning Session: International Grace Period• The View from the Consumer Industry…