Patent Law Weblog
recent posts
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
- BioNTech Sues Moderna over mRNA Vaccine Technology
- CNIPA Issues Letter on Identity of Foreign Inventors
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Month: March 2014
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Barr does not infringe, Alcon's patents not invalid By Kevin E. Noonan — In ANDA litigation between branded drug maker Alcon Research and generic drugmaker Barr Laboratories, the Federal Circuit affirmed a District Court finding of non-infringement and reversed a finding of invalidity for failure to satisfy either the enablement or written description requirements of…
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By Andrew Williams — Earlier this month, on March 6, 2014, the Patent Trial and Appeal Board ("Board") issued three related inter partes review opinions, marking the first set of opinions related to either the Biotech or Pharmaceutical industry. The cases were IPR2012-00006, IPR2012-00007, and IPR2013-00011, and the parties were Illumina, Inc. (Petitioner) and The Trustees of Columbia…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cephalon Inc. v. Sun Pharma Global FZE et al.1:14-cv-00333; filed March 14, 2014 in the District Court of Delaware • Plaintiff: Cephalon Inc.• Defendants: Sun Pharma Global FZE; Sun Pharmaceutical Industries Ltd.; Sun Pharmaceutical…
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March 24-26, 2014 – Medical Device Patents*** (American Conference Institute) – Chicago, IL March 25, 2014 – 24th Annual Conference on USPTO Law and Practice (PTO Day) (Intellectual Property Owners Association and U.S. Patent and Trademark Office) – Washington, DC March 25, 2014 – "Big Data Litigation in an Era of Big Data Privacy Concerns:…
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The IIT Chicago-Kent College of Law and Intellectual Property Law Association of Chicago (IPLAC) will be offering a program on "Prosecuting Pre-AIA Patent Applications And Responding to Post-Grant Petitions" on March 27, 2014 from 3:00 to 5:00 pm (Central) at IIT Chicago-Kent College of Law in Chicago, IL. The program will provide practical tips and…
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By Kevin E. Noonan — On March 13, Myriad Genetics filed a Notice of (interlocutory) Appeal with the Federal Circuit. Myriad is seeking to have the Court review and reverse the District Court's denial of the company's preliminary jnjunction motion against Ambry Genetics in its on-going (and now consolidated) lawsuit on several claims from Myriad's…
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By Kevin E. Noonan — The old adage "Be careful what you wish for" comes to mind regarding Myriad Genetics' motion to the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 1407, that cases relating to the company's BRCA gene patents be consolidated in the District of Utah. By year-end 2013, the litigation scorecard…
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By Kevin E. Noonan — The U.S. Patent and Trademark Office recently issued (without public notice or opportunity to comment) its interpretation of the standards for subject matter eligibility in view of the Supreme Court's recent decisions in Mayo v. Prometheus and AMP v. Myriad. The framework of the Office's issued Guidelines has been discussed…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Accord Healthcare Inc., USA et al.1:14-cv-00389; filed March 12, 2014 in the Southern District of Indiana • Plaintiffs: Eli Lilly and Company; Daiichi Sankyo Co., Ltd.; Daiichi…
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By Andrew Williams — Today, March 16, 2014, marks the eighteen-month anniversary of the inter partes review ("IPR") system of challenging issued patents at the Patent Office. We thought that this would be an appropriate time to look back at the last year and a half and reflect on the system thus far. In that…
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