Month: May 2012

  • By Donald Zuhn — The U.S. Patent and Trademark Office published a notice published in today's Federal Register (77 Fed. Reg. 28541) seeking comments regarding an international effort to revise the standard for Sequence Listing submissions.  The new standard — proposed WIPO ST.26 — would require that Sequence Listings be submitted in extensible mark-up language…

  • By Kevin E. Noonan — In an otherwise unremarkable case of a PTO rejection based on anticipation, Judges Dyk and Lourie engaged in an interesting colloquy on the proper interpretation of what constitutes inherent anticipation, in In re Montgomery.  The case involved claims to methods for "treating or preventing" stroke, using "renin-angiotensin system (RAS)" inhibitors,…

  • By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Esoterix Genetic Laboratories, LLC v. Life Technologies Corp. et al.1:12-cv-00411; filed April 26, 2012 in the Middle District of North Carolina • Plaintiff:  Esoterix Genetic Laboratories, LLC• Defendants:  Life Technologies Corp.; Applied Biosystems, LLC; Ion…

  • May 15, 2012 – FDA's New Biosimilar Guidances (Law Seminars International) – 3:00 – 4:00 pm (Eastern) May 16, 2012 – Patent-Eligible Subject Matter after Mayo v. Prometheus: Exploring the Path Forward (George Washington University Law School and Biotechnology Industry Organization) – Washington, DC May 16-18, 2012 – Fundamentals of Patent Prosecution 2012: A Boot…

  • The Chisum Patent Academy will be offering its next Intensive Patent Law Seminar from July 30 to August 1, 2012 in Seattle, WA.  The three-day seminar will focus on recent and important legislative and case law developments in U.S. patent law, including the American Invents Act of 2011, patent-eligible subject matter in the wake of…

  • The George Washington University Law School and Biotechnology Industry Organization (BIO) will be holding a public roundtable entitled "Patent-Eligible Subject Matter after Mayo v. Prometheus: Exploring the Path Forward" from 2:00 – 5:00 pm on May 16, 2012 at The George Washington University Law School, 716 20th Street NW, Washington, DC.  Additional information about the…

  • Law Seminars International (LSI) will be offering a one-hour telebriefing on the "FDA's New Biosimilar Guidances" on May 15, 2012 from 3:00 – 4:00 pm (Eastern).  Timothy J. Shea, Jr. of Sterne Kessler will moderate a panel including Jennifer L. Fox of Brinks Hofer Gilson & Lione and Dr. Denise M. Kettelberger of Faegre Baker…

  • The Stanford Program in Law, Science & Technology and the Berkeley Center for Law & Technology will be co-sponsoring a Patent Institutions Summit on May 21, 2012 at Sanford Law School.  The Summit will bring together the USPTO, Federal Circuit, District Courts, and the ITC.  Among the confirmed speakers will be Commissioner Shara Aranoff, U.S.…

  • By Donald Zuhn — The U.S. Patent and Trademark Office announced today that it is implementing a pilot program to allow applicants to have an Information Disclosure Statement (IDS) considered after the issue fee has been paid and without having to file a Request for Continued Examination (RCE).  The new Quick Path Information Disclosure Statement…

  • By Kevin E. Noonan — The Federal Circuit reversed a finding of obviousness in Eurand Inc. v. Mylan Pharmaceuticals Inc. (under the caption In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation), taking the occasion to expound on both the proper consideration of the evidence proffered to support an obviousness determination as well as the evidentiary…