Month: October 2015

  • By Kevin E. Noonan — Last week the Federal Circuit affirmed a District Court's finding of invalidity and non-infringement in ANDA litigation between Spectrum Pharmaceuticals and Sandoz.  In so doing, the Court deferred to the factual determinations made by the lower court for no clear error and agreed on de novo review with the District…

  • This is the third article in a series on advancements in microbiome research and development.  This installment reviews the area of microbiome research known as the "gut-brain-axis" and therapies related thereto, which have been dubbed "pyschobiotics." Upcoming articles will continue to review important topics in this technology area, and patents of interest. By Jessica Miles*…

  • By Donald Zuhn – USPTO Extends After Final Consideration Pilot 2.0 Program Last week, the U.S. Patent and Trademark Office indicated on its website and through a Patents Alert e-mail that the After Final Consideration Pilot 2.0 (AFCP 2.0) program has been extended through September 30, 2016.  The AFCP, which was implemented in April 2012…

  • By Donald Zuhn — Last month, in a letter to the Senate and House Committees on the Judiciary, 101 patient organizations expressed "concern[] that, as currently written, H.R. 9 [the Innovation Act] falls short of preserving important patent protections for the biopharmaceutical innovation our communities rely on to achieve a better quality of life."  While…

  • October 12, 2015 – "Hedge Fund IPR Challenges to Pharma Patents: Latest Developments and Strategies to Strengthen Patents — Lessons From PTAB Denial of Acorda Therapeutics IPR, Celgene's Sanctions Motion, and More" (Strafford) – 1:00 to 2:30 pm (EDT) October 13, 2015 – Post-Grant Practice Roundtable Discussion (George Washington Law School) – George Washington University…

  • The American Bar Association (ABA) Center for Professional Development and Section of Intellectual Property Law will be offering a live webinar entitled "Will My Patent Make Cents? How Courts and the USPTO Affect Patent Portfolio Value" on October 20, 2015 from 1:00 to 2:30 pm (ET).  Joseph T Miotke (moderator), Alton Lee Hare, Brian O'Shaughnessy,…

  • Strafford will be offering a webinar/teleconference entitled "Demonstrating Patent Eligibility Post-Alice Corp. Decision — Navigating the Nuances and Leveraging Guidance From Federal Circuit and PTAB Opinion" on October 22, 2015 from 1:00 to 2:30 pm (EDT).  Michael L. Kiklis and Stephen G. Kunin of Oblon McClelland Maier & Neustadt will examine recent decisions applying the…

  • The U.S. Patent and Trademark Office will be offering the next webinar in its Patent Quality Chat webinar series on October 13, 2015 from 12:00 to 1:00 pm (EDT).  The latest webinar, which will be hosted by Assistant Deputy Commissioner for Patent Operations Robert Oberleitner and Director of the Ombudsman Program Dale Shaw, will address…

  • By Karen Sinclair — The Australian High Court yesterday unanimously overturned six lower court judges and dismissed some very careful reasoning to not only follow the U.S. Supreme Court in invalidating claims to the BRCA1 and 2 gene sequences, but also to go further to rule out the patent-eligibility of cDNA.  The Court bought the…

  • By Tania Obranovich –- Just over one year after the Full Federal Court of Australia unanimously upheld an earlier Federal Court decision that naturally occurring nucleic acid molecules are patentable in Australia, the High Court of Australia has today handed down a unanimous judgement overturning this decision.  This highly anticipated decision reverses decades of accepted…