Patent Law Weblog
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Month: January 2014
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Strafford will be offering a webinar/teleconference entitled "Protecting IP Rights in Joint Development Agreements and Strategic Alliances — Structuring JDAs to Apportion Contributed, Joint and Derivative IP; Planning for Involuntary Early Endings; and Avoiding Unintended Consequences" on February 20, 2014 from 1:00 to 2:30 pm (EST). Sharon Tasman Prysan of Health & Technology Law Group…
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FDCA Does Not Preempt State Unfair Competition Laws By Kevin E. Noonan — If you have ever wondered how popular eyelash enhancers like RevitaLash and Latisse produce their effects, Allergan, Inc. v. Athena Cosmetics, Inc. provides the answer: these products comprise prostaglandin derivatives. The questions raised in this case involved whether these products were regulated…
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By Donald Zuhn — In an opinion issued earlier today, the Federal Circuit affirmed a determination by the District Court for the District of Columbia that challenges of patent term adjustment (PTA) determinations by the U.S. Patent and Trademark Office for fifteen patents were untimely asserted by Novartis AG, Novartis Vaccines and Diagnostics, Inc., and…
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By Donald Zuhn — In a Federal Register notice published last week (79 Fed. Reg. 642), the U.S. Patent and Trademark Office announced that the Extended Missing Parts Pilot Program that was implemented three years would be extended for another year. The pilot program allows applicants to request a twelve-month extension to pay the search…
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By Gary Cox, Craig Humphris and Donna Meredith — In the decision of Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50 (order), the High Court of Australia, Australia's supreme court, confirmed that methods of medical treatment are a "manner of manufacture" and therefore represent a patentable invention in Australia. Although Australia's Patent…
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By Josh Bosman — Last week, the U.S. Patent and Trademark Office issued U.S. Patent No. 8,623,601, which is entitled "Methods of diagnosing cancer." The '601 patent, which is assigned to Duke University and Cognosci, Inc. (out of the Research Triangle Park in North Carolina), contains claims to a method of predicting or assessing 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 Research Ltd. v. Micro Labs Ltd. et al.1:14-cv-00014; filed January 9, 2014 in the District Court of Delaware • Plaintiff: Alcon Research Ltd.• Defendants: Micro Labs Ltd.; Micro Labs USA Inc. Infringement of…
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January 16, 2014 – "Provisional Patent Applications: Preserving IP Rights in First-to-File System — Assessing Whether to Use — and Strategies for Leveraging — Provisional Applications Under the New Patent Regime" (Strafford) – 1:00 to 2:30 pm (EST) January 21, 2014 – "Top Patent Law Stories of 2013" (McDonnell Boehnen Hulbert & Berghoff LLP) –…
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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "Proposed Patent Reform Legislation: How It May Impact You (Especially if You Are Not Considered to be a 'Patent Troll'" on February 18, 2014 from 10:00 am to 11:15 am (CT). MBHB attorney and Patent Docs contributor Dr. Andrew W. Williams will…
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By Donald Zuhn — The U.S. Patent and Trademark Office recently released its Performance and Accountability Report for Fiscal Year (FY) 2013. As in last year's report, the most recent report notes that the Office's 2010-2015 Strategic Plan sets forth three strategic goals and one management goal in support of the Office's mission to foster…
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