Patent Law Weblog
recent posts
- 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: July 2012
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By Donald Zuhn — The U.S. Patent and Trademark Office published its final rule to implement the statute of limitations provisions for office disciplinary proceedings of the Leahy-Smith America Invents Act (77 Fed. Reg. 45247). The final rule, which takes effect on August 30, 2012, is the second of several final rule notices that the…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Alcon Pharmaceuticals Ltd. et al. v. Lupin Ltd. et al.1:12-cv-00973; filed July 24, 2012 in the District Court of Delaware • Plaintiffs: Alcon Pharmaceuticals Ltd.; Alcon Research Ltd.• Defendants: Lupin Ltd.; Lupin Pharmaceuticals Inc. Infringement…
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By Donald Zuhn — Since implementing its first Patent Prosecution Highway (PPH) program with the Japan Patent Office (JPO) on July 3, 2006, the U.S. Patent and Trademark Office had established some thirty PPH programs with more than twenty other patent offices. The USPTO recently increased the number of PPH programs (full or pilot) to…
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By Hal Wegner — The patent challengers in the Myriad case placed great stock in the argument that claims to "isolated DNA" (because of their alleged breadth) created a "research preemption." The argument is keyed to recent Supreme Court precedent such as Mayo v. Prometheus. In their certiorari petition a year ago in Myriad, the…
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July 30-31, 2012 – Freedom to Operate*** (American Conference Institute) – Philadelphia, PA July 30 to August 1, 2012 – Intensive Patent Law Seminar (Chisum Patent Academy) – Seattle, WA August 2, 2012 – USPTO Post-Grant Proceedings: Meeting the New Requirements for Post-Grant and Inter Partes Reviews and Supplemental Examination (Strafford) – 1:00 – 2:30…
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American Conference Institute (ACI) will be holding its 13th Annual Maximizing Pharmaceutical Patent Lifecycles conference on October 10-11, 2012 in New York, NY. The conference will allow attendees to: • Understand how the patent cliff will impact innovation and alter the industry dynamic between brand names and generics;• Explore how generic user fees and other…
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C5 (UK) will be holding its 23th Annual Forum on Biotech & Pharmaceutical Patenting on October 10-11, 2012 in London, UK. The conference will allow attendees to: • Discover competitive patent filing strategies, tactics, and implications of recent case law in Europe and the U.S.;• Avoid infringing anti-competition laws by tailoring agreements and learning about…
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By Kevin E. Noonan — Again in only the span of a few months, the views of the Advocate General of the European Court of Justice (ECJ) have been adopted by Court. Previously, this pattern resulted in a ban on patenting human embryonic stem cells (see "European Court of Justice Renders Stem Cell Decision"). Last…
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By Donald Zuhn — Last week, the U.S. Patent and Trademark Office published its final rule to implement the preissuance submissions by third parties provision of the Leahy-Smith America Invents Act (77 Fed. Reg. 42150). The final rule concerning preissuance submissions is the first of many final rule notices that the Office is expected to…
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By Kevin E. Noonan — Companion bills were introduced in Congress on April 25th of this year with little fanfare (particularly in comparison to the Leahy-Smith American Invents Act) but they have the potential to provide significant funding for university-related start-up companies. The bills, H.R. 4720 and S. 2369, are entitled the "America Innovates Act…
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