Month: August 2015

  • Claim Terms Not Limited to Specific Embodiment By Joseph Herndon — In Inline Plastics Corp. v. EasyPak, LLC, the Federal Circuit offered some bits of wisdom for patent application specification drafting, while applying well-known case law to conclude that claims are not limited to a specific embodiment when the specification includes a broader disclosure. Inline…

  •         By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Bristol-Myers Squibb Co. et al. v. Merck & Co., Inc. et al.1:15-cv-00572; filed July 7, 2015 in the District Court of Delaware • Plaintiffs:  Bristol-Myers Squibb Co.; E. R. Squibb & Sons, L.L.C.; Ono…

  • September 1, 2015 – "IP Agreements: Structuring Indemnification and Limitation of Liability Provisions to Allocate Infringement Risk" (Strafford) – 1:00 to 2:30 pm (EDT) September 2, 2015 – "Amgen v. Sandoz: What Now?" (Intellectual Property Owners Association) – 2:00 to 3:00 pm (ET) September 2, 2015 – "Patent Reform in the US Congress: An Overview…

  • The U.S. Patent and Trademark Office will be holding its next biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting on Monday, September 14, 2015.  The meeting will be simultaneously available at the USPTO Headquarters (Alexandria, VA) and the Midwest Regional Office (Detroit, MI).  During the BCP meeting, participants will be able to interact with Office personnel in person…

  • Strafford will be offering a webinar/teleconference entitled "Patent Term Adjustments and Extensions: Leveraging Recent Decisions and USPTO Rule Changes" on September 24, 2015 from 1:00 to 2:30 pm (EDT).  Deborah M. Herzfeld and Thomas L. Irving of Finnegan Henderson Farabow Garrett & Dunnerr, Donna M. Meuth of Eisai, and MaCharri R. Vorndran-Jones of Eli Lilly…

  • Strafford will be offering a webinar/teleconference entitled "Patent Infringement: Structuring Opinions of Counsel — Leveraging Opinion Letters to Reduce the Risks of Liability and Enhanced Damages" on September 10, 2015 from 1:00 to 2:30 pm (EDT).  Thomas J. Scott, Jr. of Personalized Media Communications and Eleanor M. Yost of Goodwin Procter will provide patent counsel…

  • J A Kemp will be hosting a "Pharma Leaders IP Conference" on September 23, 2015 in London.  The seminar will offer presentations on the following topics: • Pharma patent applications: where and when to file• Medical use claims in Europe• Personalised medicine and companion diagnostics• Supplementary Protection Certificates (SPCs)• Trade marks and related regulatory matters•…

  • By Kevin E. Noonan — The Federal Circuit's Ariosa v. Sequenom decision handed down earlier this summer marked the apex (or nadir, according to your prejudices) of the current trend to limit the scope of patent eligible subject matter.  On Thursday, twelve amicus curiae briefs were filed in support of Sequenom's petition to the full…

  • By Andrew Williams — On August 25, 2015, the United States Patent and Trademark Office published a "Request for Comments on a Proposed Pilot Program Exploring an Alternative Approach to Institution Decisions in Post Grant Administrative Reviews" in the Federal Register (80 Fed. Reg. 51540).  This is the second request for comments related to the…

  • By Kevin E. Noonan — Invertebrate zoology is in many ways the most comprehensive survey course on biology, encompassing most multicellular life on the planet.  (Indeed, the study of the Order Coleoptera alone, comprising the beetles, would satisfy that criterion: J.B.S. Haldane once remarked that what his study of biology had taught him about God…