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: January 2013
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By Kevin E. Noonan — The "conventional wisdom" surrounding the Bowman v. Monsanto case now before the Supreme Court on certiorari is that it is "David v. Goliath," the salt-of-the-earth farmer versus the corporate monolith, and an example of the traditional commoditization of American values by purveyors of "Frankenfood" looking merely to maximize shareholder profit. …
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"Happy families are all alike; every unhappy family is unhappy in its own way." Leo Tolstoy, Anna Karenina By Kevin E. Noonan — A great many amicus briefs have been filed in support of affirmance of the Federal Circuit's decision in Bowman v. Monsanto and many of them are reminiscent of Tolstoy's happy families. Accordingly,…
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By Michael Greenfield — Those of you who dabble with chemical structures while prosecuting or litigating pharmaceutical patents may find Allergan v. Barr Laboratories, Inc., interesting. In this ANDA litigation brought by Allergan against Barr, Teva, and Sandoz ("Barr"), the Federal Circuit opined on issues of claim construction and obviousness with respect to Allergan's Lumigan®,…
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By Kevin E. Noonan — Over the past decade, the Supreme Court's increased interest in patent law cases was paralleled by briefs from the Solicitor General advising the Court to grant certiorari. The apparent influence of the government has waned in recent years, beginning with the Court's grant of certiorari in Laboratory Corp. v. Metabolite…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Hoffmann-La Roche Inc. et al. v. Aurobindo Pharma Ltd. et al.1:13-cv-00124; filed January 22, 2013 in the District Court of Delaware • Plaintiffs: Hoffmann-La Roche Inc.; Genentech Inc.• Defendants: Aurobindo Pharma Ltd.; Aurobindo Pharma USA…
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January 27, 2013 – Canadian IP Law Update — Practical Tips and Information for U.S. Attorneys (Smart & Biggar) – Minneapolis, MN January 29, 2013 – Combined Customer Partnership Meeting of TC3700 and TC1600 (U.S. Patent and Trademark Office) – Alexandria, VA January 29-30, 2013 – Biotech & Pharma Patent Litigation*** (C5) – Amsterdam, Netherlands…
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Strafford will be offering a webinar/teleconference entitled "First to File: Final Rules and Guidance — Navigating Significant Changes to Derivation Practice, What Constitutes Prior Art and More" on February 20, 2013 from 1:00 – 2:30 pm (EST). Stephen G. Kunin of Oblon, Spivak, McClelland, Maier & Neustadt LLP and Brad D. Pedersen of Patterson Thuente…
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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar on the "When Trade Secrets Go Abroad: Strategies for Combating Trade Secret Misappropriation" on February 21, 2013 from 10:00 am to 11:15 am (CT). MBHB attorneys Dr. Emily Miao and Joshua Rich will present strategies that trade secret owners can use to combat…
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By Donald Zuhn — In an amicus brief filed in support of respondents Monsanto Co. et al. late last week, the Intellectual Property Owners Association (IPO) urges the Supreme Court to find that the petitioner's replanting of commodity seed was an infringing act that constituted a reconstruction of Monsanto’s patented recombinant seed. The IPO contends…
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Will I lose my dignity?Will someone care?Will I wake tomorrowFrom this nightmare? "Will I," Rent By Kevin E. Noonan — The Supreme Court's grant of certiorari over the question "Are human genes patentable" had raised for many the specter of an uninformed generalist court rendering a decision containing dicta that would negatively affect biotechnology. This…
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