Patent Law Weblog
Year: 2020
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American Conference Institute (ACI) will be holding is 11th Annual Summit on Biosimilars: Legal, Regulatory, and Commercial Strategies for the Innovator and Biosimilars Marketplace on September 23-24, 2020 as a VIRTUAL conference. ACI faculty will offer presentations on the following topics: • Regulatory and Legislative Developments Impacting the Pharmaceutical Industry• Gauging the Impact of COVID-19…
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By Kevin E. Noonan — The Federal Circuit has spent the past few years applying the Supreme Court's most recent precedent, Nautilus, Inc. v. Biosig Instruments, Inc., on the indefiniteness standards in the patent statute. 35 U.S.C. § 112(b). The Federal Circuit's latest decision, in IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc., affirmed…
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Ninth Circuit Overturns District Court Judge Lucy Koh's Decision That Qualcomm's Licensing and Chip Sales Practices Are Antitrust Violations By Kevin E. Noonan — The Federal Trade Commission has a history of taking positions and aggressively pursuing them, despite getting reversed (sometimes continually) by Circuit Courts (see "Reverse Payments in Generic Drug Settlements"), although occasionally…
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By Donald Zuhn — In a notice published in the Federal Register last month (85 Fed. Reg. 39888), the U.S. Patent and Trademark Office announced that it was initiating a Fast-Track Appeals Pilot Program, to provide for the advancement of applications out of turn in ex parte appeals before the Patent Trial and Appeal Board. …
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Federal Circuit (Again) Hands Down Revised Opinion in Response to Petition for Rehearing By Kevin E. Noonan — Recently the Federal Circuit has begun a practice of withdrawing an original opinion and handing down a substitute opinion in response to a petition for rehearing and rehearing en banc (see "IIllumina, Inc. v. Ariosa Diagnostics, Inc.…
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August 11, 2020 – "Impact of USPTO Examiners on Prosecution Outcomes" (LexisNexis IP, IPWatchdog, and Baker Botts) – 12:00 pm (ET). August 14, 2020 – "Dos and Don'ts of Virtual Hearings and Oral Arguments" (Federal Circuit Bar Association) – 1:00 to 2:00 pm (EDT) August 18, 2020 – "CRISPR Ownership Disputes: Current Status and Future…
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The Federal Circuit Bar Association (FCBA) will be offering a remote program entitled "Dos and Don'ts of Virtual Hearings and Oral Arguments" on August 14, 2020 from 1:00 to 2:00 pm (EDT). Rachel C. Hughey of Merchant & Gould P.C. will moderate a panel consisting of Hon. Elizabeth Cowan Wright, Magistrate Judge, District of Minnesota;…
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LexisNexis IP, IPWatchdog, and Baker Botts will be offering a webinar entitled "Impact of USPTO Examiners on Prosecution Outcomes" on August 11, 2020 at 12:00 pm (ET). Michael Sartori of Baker Botts, Megan McLoughlin of LexisNexis IP, and Gene Quinn of IPWatchdog.com will discuss the impact of the type of examiner by exploring important milestones…
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By Kevin E. Noonan — Chemotherapeutic drug resistance is one reason cancer remains an unsolved clinical problem despite the efforts ever since President Nixon declared his "War on Cancer" in 1971. Cancer cells, due in part to the genetic destabilization characteristic of the disease, are capable of expressing genes (normal or aberrant) that permit the…
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Federal Circuit Hands Down Modified Opinion in Illumina, Inc. v. Ariosa Diagnostics, Inc. By Kevin E. Noonan — Earlier this year, the Federal Circuit (somewhat surprisingly) found claims of two Sequenom patents directed to methods for detecting fetal DNA in maternal blood to satisfy the subject matter eligibility requirements of Section 101 (see "Illumina, Inc.…
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