Month: March 2013

  • By Donald Zuhn — In an amicus brief filed last week in support of respondents Myriad Genetics, Inc. et al., the Intellectual Property Owners Association (IPO) asked the Supreme Court to affirm the Federal Circuit's decision in Association for Molecular Pathology v. Myriad Genetics, Inc. that claims to isolated human DNA are patent-eligible.  The IPO…

  • By Donald Zuhn — USPTO Extends Comment Period on Notice Regarding Preparation of Patent Applications In January, the U.S. Patent and Trademark Office published a notice in the Federal Register (78 Fed. Reg. 2960) requesting public comment regarding potential practices that applicants can employ in the drafting of patent applications to facilitate examination and bring…

  • By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Apotex, Inc. et al. v. Teva Pharmaceutical Industries, Ltd. et al.0:13-cv-60601; filed March 14, 2013 in the Southern District of Florida • Plaintiffs:  Apotex, Inc.; Apotex Corp.• Defendants:  Teva Pharmaceutical Industries, Ltd.; Teva Pharmaceuticals USA,…

  • March 18-19, 2013 – 7th Annual Patent Law Institute (Practising Law Institute) – San Francisco, CA March 19-20, 2013 – FDA Boot Camp*** (American Conference Institute) – New York, NY March 20, 2013 – Improving the Success of Appeals to the Patent Trial and Appeal Board (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 –…

  • IBC Life Sciences will be holding its 2nd annual Pharma Legal Affairs conference on May 21-23, 2013 in Shanghai, China.  IBC faculty will offer presentations on the following topics: • India: Latest change toward "the public good" regime;• Overcoming the hurdles of obtaining drug approvals in the China market;• South East Asia: Understanding the legal…

  • By Kevin E. Noonan — Last week, Senator Al Franken (D-MN) was joined by Senators David Vitter (R-LA), Dick Durbin (D-IL), Jeanne Shaheen (D-NH), and Bernie Sanders (I-VT) in introducing S. 504, the "Fair and Immediate Release of Generic Drugs Act."  Like many of its predecessors, it is aimed at banning settlement agreements of ANDA…

  • By Kevin E. Noonan — There is a great cultural divide that has been illuminated by the Myriad case (AMP v. Myriad Genetics), between producers of technology and its consumers, governments and non-government organizations such as patient groups who are goal-driven to reduce present costs (especially in healthcare) regardless of future disadvantages, and the more…

  • By Donald Zuhn — Genetic Engineering & Biotechnology News has compiled a list of the top 20 best-selling prescription drugs worldwide for 2012.  GEN's list, which the journal released on March 5 (see "Top 20 Best-Selling Drugs of 2012"), was based on sales figures obtained from biopharma company press announcements, annual reports, and conference calls…

  • By Kevin E. Noonan — Myriad Genetics filed its responsive  brief with the Supreme Court last Thursday in AMP v. Myriad Genetics ("the Myriad case").  It is a certainly a serviceable brief that makes the patent law arguments that need to be made and cites at least some of the precedent that should be cited.  But…

  • By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. G.D. Searle LLC et al. v. Lupin Pharmaceuticals, Inc. et al.2:13-cv-00121; filed March 5, 2013 in the Eastern District of Virginia • Plaintiffs:  G.D. Searle LLC; Pfizer Asia Pacific PTE, LTD.;• Defendants:  Lupin Pharmaceuticals, Inc.;…