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Month: April 2012
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By Donald Zuhn — Last month, in Promega Corp. v. Life Technologies Corp., the Federal Circuit affirmed a decision by the District Court for the Western District of Wisconsin granting a motion to compel arbitration by Invitrogen IP Holdings, Inc. The appeal involved a 1996 licensing agreement between Research Genetics, Inc. and Promega Corp. concerning…
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(And If So, Would That Address Justice Breyer's Concerns in Mayo v. Prometheus)? By Kevin E. Noonan — Sometimes solutions to thorny issues are within our grasp if only we looked in the right place. The Supreme Court's recent decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. raises the specter of the Court throwing…
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By James DeGiulio — In an opinion issued only ten days after the Supreme Court's decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. ("Prometheus"), the District Court for the District of Columbia is believed to be the first to apply the Prometheus decision to invalidate diagnostic method patents. In finding the claims-at-issue in two patents…
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By Donald Zuhn — PPH Program between USPTO and HIPO Becomes Permanent On Thursday, the U.S. Patent and Trademark Office announced that the USPTO and the Hungarian Intellectual Property Office (HIPO) had signed a Memorandum of Understanding making the Patent Prosecution Highway (PPH) program between the offices permanent. The program permits an applicant having an…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Medicis Pharmaceutical Corp. et al. v. Stiefel Laboratories, Inc. et al.2:12-cv-01746; filed March 20, 2012 in the District Court of New Jersey • Plaintiffs: Medicis Pharmaceutical Corp.; Dow Pharmaceutical Sciences, Inc.• Defendants: Glaxosmithkline PLC; Stiefel…
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April 9, 2012 – Mayo v. Prometheus (Law Seminars International) – 2:30 – 3:30 pm (Eastern) 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…
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Technology Transfer Tactics will be offering a webinar providing an "In-Depth Analysis of Mayo v. Prometheus: What it Means for the Future of Medical Diagnostic Patents" on May 3, 2012 from 1:00 – 2:00 pm (Eastern). Patent Docs author Dr. Kevin E. Noonan of McDonnell Boehnen Hulbert & Berghoff LLP will dissect the Supreme Court's…
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Strafford will be offering a webinar/teleconference entitled "Prometheus in the Post-Bilski Age: Patentable Subject Matter Under Continued Attack" on May 1, 2012 from 1:00 – 2:30 pm (EDT). Stephen T. Schreiner of Goodwin Procter and Marcus T. Hall of Winston & Strawn will prepare patent counsel to argue patentability under 35 U.S.C. § 101, discuss…
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The American Bar Association (ABA) will be offering a teleseminar entitled "Patent Law in Light of Mayo v. Prometheus: Claims to Laws of Nature Are Not Patentable" on April 24, 2012 from 1:00 – 2:30 pm (EDT). James R. Myers, Ching-Lee Fukuda, and Jane T. Gunnison of Ropes & Gray LLP will examine the Mayo…
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The American Intellectual Property Law Association (AIPLA) will be offering a webinar entitled "Patent Prosecution under the AIA: Strategies for Before, During and After the Transition to First-Inventor-to-File" on May 2, 2012 from 12:30 – 2:00 pm (Eastern). Joseph D. Matal, Judiciary Committee Counsel to Senator Jon Kyl, will discuss changes in 35 U.S.C. §…
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